Terms of sale

PLEASE READ THESE TERMS OF SALE,  THE PRIVACY POLICY OF HERBALIFE LOCATED AT Herbalife Privacy Policy, THE COOKIE POLICY OF HERBALIFE LOCATED AT Herbalife Cookie Policy AND THE DISTRIBUTOR PRIVACY POLICY LOCATED AT [include link to Distributor Privacy Policy] BEFORE PURCHASING ANY PRODUCT FROM THIS DISTRIBUTOR PERSONALISED SITE.

The Seller

The seller of the products that you have ordered is the Independent Herbalife Distributor whose details are displayed on the Distributor personalised website (“the Site”), unless that Independent Herbalife Distributor has elected, for its administrative convenience, for Herbalife to be its Payment Partner for the product sale, in which case Herbalife (U.K.) Limited is the seller of the products that you have ordered. Herbalife (U.K.) Limited is a company incorporated in England and Wales under number 01710199, whose registered office and principal place of business is at The Atrium, 1 Harefield Road, Uxbridge, Middlesex, UB8 1HB and whose VAT number is GB 669133612.
 

The seller of the products that you have ordered (“Seller”) will be identified and details of the Seller will be included on the sales receipt provided to you with the delivered products.
 

Your Order

The submission of your order and its acceptance by the Seller ( “we”, “our”, “us”) is intended to constitute a contract of sale between the Seller and you which includes an obligation on you to pay for the products you have ordered, but your contract to purchase the products that you have requested is not complete unless and until those products have been despatched to you.
 

You represent and warrant that you are eighteen (18) years of age or older and have full legal capacity. We may require proof of age and/or capacity before accepting any purchase order. You also represent and warrant that you are an authorised user of any credit card and/or bank account and/or PayPal account used to purchase Herbalife products through the Site.
 

The product sale prices are those that appear on the Site when you place your order, and the total purchase price of the products is shown on your order form including any VAT and delivery costs.
 

Where the Seller is your Independent Herbalife Distributor, the payment option is PayPal. Where the Seller is Herbalife UK Limited, the payment options include credit/debit card (Visa, Master Card, Maestro) as well as PayPal.
 

The Seller will seek to deliver the products you have ordered within our stated target delivery dates all of which are less than 30 days from order. We hold stocks to meet reasonably anticipated demand, but all orders are subject to availability and we reserve the right to cancel orders for any products which cease to be available for any reason. We will let you know if we are unable to accept your order. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
 

Your delivery address and billing address must both be in the United Kingdom. Delivery is made and risk is transferred to you by the physical delivery of the product to you or to any third party designated by you, other than to a delivery service used by us.
 

These terms of sale constitute and govern the contractual relationship between you and the Seller relating to the products ordered by you and you accept that these terms apply to the exclusion of any terms and conditions contained in any other documents even if the same purport to provide that your own or some other terms prevail.
 

We reserve the right in our sole discretion to modify, update, add to, discontinue, remove, revise or otherwise change any portion of these Terms of Sale, in whole or in part. If you purchase any Herbalife product after these Terms of Sale have been changed, you will be deemed to have read, understood and unconditionally consented and agreed to such changes. The most current version of the Terms of Sale will be available on the Site and supersedes all previous versions.
 

Customer Satisfaction Guarantee

We guarantee the quality of the Herbalife Products and certify that they meet high standards of freshness and purity for consumer use. We are confident that our consumers will find the Herbalife Products satisfactory in every way.
 

However, if for any reason, you are not completely satisfied with any Herbalife Product purchased we offer a no quibble satisfaction guarantee. Simply request a full refund of the purchase price or a full credit note towards the purchase of another Herbalife Product from us within thirty (30) calendar days from your receipt of the Herbalife Product and return the unused portion of the Herbalife Product, or the original labels, or the empty containers, along with the copy of the invoice of your order, to us. You will bear the costs of returning these items. More information is available in our Satisfaction Guarantee located at https://www.herbalife.co.uk/footer-pages/contact-us/  or you can call us on 0203 535 0908 .
 

The Herbalife Customer Satisfaction Guarantee does not affect your statutory rights, which are set out below. Your delivery will include a sales receipt which will also include a notice of your rights to cancel that delivery order and a cancellation notice which you may use if you wish.
 

Cancellation Rights

You may cancel your order at any time before delivery of the products to you. You will also have an opportunity to examine the products that you have ordered after they have been delivered to you and if for any reason you are not satisfied with your purchase and give the Seller notice within 14 days of the delivery of the products to you that you wish to cancel your order then, provided that you return the products to us at the address stated on your sales receipt (or provide evidence that you have done so) within 14 days from the date of your cancellation notice, the Seller will provide a refund to you (including the VAT-inclusive price of the products and the cost of the delivery from us to you, except that if you choose an express delivery method, we will only reimburse costs corresponding to a standard product delivery). You will not incur any charges for that refund and the same means of payment for the refund will be used as you used for your payment unless we agree otherwise.
 

You can use the notice of cancellation provided on your sales receipt if you wish to do so or you  can give notice in some other way (e.g. by letter, email, or telephone) as long as the Seller receives a clear statement of your decision to cancel.
 

The Seller will refund you without undue delay and not later than 14 days from the day you return the products to the Seller.  You will be refunded by the same means of payment that you used for your initial transaction and you will not incur any charges for that refund.  The Seller may withhold your refund until they have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
 

If you reject the products for any reason other than damage to or a defect in the products, you must pay the cost of returning the products to us and you will be responsible for their safe return. If you do not return the products to the Seller, we will be entitled to deduct the cost of recovering the products from the sums we refund to you. If you reject the products because they are damaged or faulty, we will cover the cost of the return of the products to us.
 

If the products are returned by you for any reason other than damage to or a defect in the products and they have suffered any reduction in their value as a result of handling beyond what is necessary to establish the nature, characteristics and functioning of the products then you will be charged for that diminution in value and that charge will be deducted from your refund.
 

Product Details

It is the Seller’s responsibility to supply goods to you that meet your consumer rights, and if you have any concerns that the Seller has not met our legal obligations please contact us.
 

Product descriptions are as set out on the Site. The Seller may change the composition, characteristics, or selection of the products offered for sale on the Site and their presentation or packaging, but any such changes will not apply retroactively to orders submitted before their introduction. The images of products on the Site are for illustrative purposes only: the shape, colour and size of the products delivered to you may vary from the examples on the Site and any such variations do not constitute a product defect.
 

As a retail customer or a preferred customer you do not have any rights to participate in our trading scheme: you are not an Independent Herbalife Distributor; our products are supplied to you for your personal use and consumption and strictly on a not for resale basis and you may not market or resell the products which you buy from us; you may not market our business opportunity or attempt to recruit others; and you may not earn any commissions or bonuses under our compensation plan.
 

Our Rights

We may cancel an order before the products are delivered for any reason including due to an event outside our control, or due to the unavailability of stock, limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product. If this occurs, we will contact you to let you know and we will fully refund the payment you have made for the products.
 

We will not be liable to you, whether in contract, tort (including negligence), or otherwise for any indirect or consequential loss or economic loss suffered by you as a result of any failure by us to comply with these sale terms. Our liability for any other loss suffered by you as a result of any failure by us to comply with these sale terms is limited to the price paid by you for the products. We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any other liability which may not lawfully be excluded or limited under applicable law.
 

If the supply of your product is delayed by an event outside the Seller’s control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but as described in the ‘Cancellation Rights’ section above you will have the right to contact the Seller and cancel the contract and receive a refund for any products you have paid for, but not received.
 

General

Your contract of sale is governed by English law. In case of any dispute that may arise in relation to the products or these sale terms, you may bring a claim in the Courts in the country where you are resident.
 

Herbalife (U.K.) Limited is a member of the Direct Selling Association (DSA) and abides by the DSA’s Code of Consumer Practice. The DSA operates an out-of-court complaint handling service and you may contact the DSA for details at DSA, 30 Billing Road, Northampton NN1 5DG or by email at info@dsa.org.uk.
 

If you have any questions or complaints about your order or any products delivered to you please contact your Independent Herbalife Distributor or contact Herbalife on 0203 535 0908 or email MarketingUKEI@herbalife.com.