Terms and Conditions
Please read all terms and conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you ate not happy with. If you ae not sure about anything, just contact us on [email protected]
Application
- These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Soma Vitality Wellness whose trading name is “Perfect Nutrition 360 Ltd” a company registered under number 11932448.
- These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Contract means the legally binding agreement between you and us for the supply of the Services
Durable medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for the future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
Goods mean any goods that we supply to you with the Services, of the number and description as set out in the Order.
Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website
Services means the services advertised on the Website, including any Goods.
Website means our website www.somavitalitywellness.com on which the services are advertised.
Services
All Services which appear on the website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
Customer Responsibilities
You must co-operate with us in all matters relating to the Services, provide us with all the information required to provide you with the Services you have purchased.
Personal Information
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
Basis of Sale
The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing the Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later that the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply on to a Contract entered into by you as a Consumer.
Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges in that set out on the Website at the date we accept the Order or such other price as we may agree in writing.
Fees and charges include VAT at the time of the Order.
You must pay by submitting your debit or credit card details with you Order and we can take payment immediately or otherwise before delivery of the Services.
Disclaimer
- 1-2-1 Wellbeing Coaching
Good nutrition supports the body’s natural defences and resistance. However, no claim can be made about the efficacy of any naturopathic nutritional advice.
The naturopathic practitioner from Soma Vitality Wellness trading as “Perfect Nutrition 360 Ltd”.
Naturopathic nutritional advice will be tailored to support medically diagnosed conditions and/or health concerns agreed and identified by the two parties. Naturopathic nutritional practitioners are not permitted to diagnose or claim to treat medical conditions. Naturopathic nutritional therapy is not a substitute for professional medical advice and treatment.
The consumer (You)
You are responsible for contacting your GP or specialist about any health concerns you may have. Please advise your GP of the naturopathic nutrition protocol you will be following. Please also advise any other complementary medicine practitioners you are consulting. It is important that you tell your practitioner about any medical diagnosis you have received any prescription medication, herbal medicine or food supplements or over the counter medication you are taking as it may affect the naturopathic nutritional programme. If you are unclear about any part of your plan then you should contact your practitioner immediately for clarification. Your naturopathic nutritional programme and supplement plan will have a time frame and you should not continue with recommendations outside of this unless agreed by your naturopathic nutritional practitioner. This is to avoid any adverse reactions. Please report any concerns about your programme to your naturopathic nutritional practitioner for discussion at your next consultation.
The Coaching Programmes are created and sold as whole packages and cannot be altered or partially completed in any way.
- Tests
You acknowledge that, as with any medical test, 100% accuracy of our tests cannot be guaranteed. For example, there is always a risk of either a “false positive” or a “false negative” test result. Accordingly, we are not legally responsible for incorrect test results and you rely on the test results at your own risk.
We are not doctors and our tests are not intended to diagnose medical conditions. You agree to consult your own doctor if you require medical advice in relation to the test results or any symptoms.
Any comments / recommendations supplied by our practitioners should not be treated as medical advice. Such comments / recommendations are not intended to diagnose, prevent, or treat any medical condition or to be used as a substitute for medical advice from your own doctor. We are not legally responsible for such comments / recommendations and you rely on them at your own risk.
- Online Programmes
We affirm that the online Programme Material will meet a satisfactory level of quality; however, we do not affirm that they will be error free.
You are responsible for inspecting the Online Programme materials and informing us about any oversights as soon as is reasonably possible following delivery.
- Supplements
The product information on the “Soma Vitality Wellness” website has been provided by the manufacturers and suppliers of these goods. Whilst we do our utmost to ensure that the content on the website is correct, we do rely on our suppliers to inform us of any product changes so that the website can be updated accordingly.
Detailed Test Kit Information
Receiving the Test Kit
When you are ordering a Test Kit from us, we will liaise directly with the laboratory for them to send you the Test Kit promptly following your order. It is your responsibility to contact us promptly to request a (free) replacement if you do not receive it within 14 working days or any alternative period stated on our site.
Taking and storing the sample
It is your responsibility to carefully read and follow any guidance and instructions on our website or which accompany the Test Kit and to contact us for clarification if you are unsure about anything.
Sending the sample to the laboratory
You must send us the sample within 1 month of the order and also within the specified number of days after the sample was taken (as any longer period may affect the accuracy of the test). If not, then we reserve the right, without refund, to decline to fulfil the order.
You are responsible for ensuring that the correct postage is paid (unless a freepost option is offered), that the sample are is correctly labelled and that the packaging is also correctly labelled including for postage of human samples.
Sending you the test results
We will notify you by email once the test results have been received.
Where applicable to the test you ordered, our practitioners will endeavour to supply their comments / recommendations within three working days, or any alternative period stated on our site. You acknowledge that these periods are estimates only.
Detailed Online Programme Information
Programmes designed and developed by us include downloadable materials. Accessible after purchase through a non-transferable login given to you.
We may place time limits on you to complete your online Programme.
Delivery
We will deliver the Services, including any Goods, to the Delivery Location (physical location or by e-mail) by the time or within the agreed period or, failing any agreement:
- In the case of Services, within a reasonable time.
- In the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can treat the Contract at an end if:
We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made. Or you said to us before the Contract was made that delivery on time was essential.
If you treat the Contract at an end, we will promptly return all payments made under the Contract.
We deliver our online Services Worldwide.
We do not generally deliver our Goods to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock o other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fails, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, of reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return or allow us to collect them.
Withdrawal and Cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
Right to Cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
Online Programmes – In line with The Consumer Rights Act 2015, you also have a 14 day right to change your mind and get a full refund for digital content, i.e. Online Programmes, that you have purchased, unless you have already started to download them.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. an email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the Cancellation Period
We must not begin to supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of Cancellation in the Cancellation Period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.
Payment for Services Commenced During the Cancellation Period
Where a service is supplied (being part of the Services ) before the end of the cancellation period in response to your express to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculate on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.
You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service in not supplied in response to such a request.
Deduction for Goods Supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the results of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of Goods: it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss, and if that deduction is not made. You must pay us the amount of that loss.
Timing of Reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you and Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied or to be supplied (i.e. it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are information about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning the Goods
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
Only goods that haven’t been opened beforehand can be returned.
For the purposes of these Cancellation Rights, these words have the following meanings:
Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services ad its object.
Duration, termination and suspension
The Contract continues as long as it takes us to perform the Services.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
Commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
Is subject to any step towards its bankruptcy r liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Circumstances Beyond the Control of Either Party
In the event of any failure by a party because of something beyond its reasonable control:
The party will advise the other party as soon as reasonably practicable; and
The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regards to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
Carriage Charge for Supplements
Carriage Charge for Supplements will be added at purchase and can differ, depending on the location of the delivery.
Affiliate Programme
Please note that while we personally purchase, review and use most products we link to our website and Programmes, these products are purchased from other companies. This means that we don’t have the control on the purchased items. Therefore we can’t confirm that any product purchased through the links attached on our Programmes, Website or Downloadable Resource Material is shipped accordingly and packaged securely. If you have any concerned about one of the product you purchased through one of our affiliate links, please contact the relevant company directly.
This doesn’t apply to the the items under our Supplements Website Page.
Amendments
We reserve the right to amend these Terms & Conditions and will publish these on our site as they occur and apply from the day of publication.
Liability
Soma Vitality Wellness provides the Site without any warranties or guarantees. The risks associated with use of the Internet shall be borne by you.
Material from other Internet sites is provided by our Site. We try to ensure this material is of good quality, reputable and within the law we cannot be held responsible if this proves not to be the case.
Neither can we be held responsible for any technical problems experienced with the Site and we disclaim all liabilities where your equipment links are incompatible or interruptions or errors due to technical problems occur.
As far as permitted by law, we shall not be liable to any person for losses or damages that were not reasonably foreseeable and that were not caused by any breach on our part. We shall not be liable to any person for any direct or indirect loss or damage as a result from your course enrolment. Any liability that does arise will be limited to the course fee paid.