Terms & Conditions
TERMS OF SERVICE
This website is operated by MWELL. MWELL is a trademark owned by Kellogg Europe Trading Limited (“Kellogg”). (c Suite 3, One Earlsfort Centre, Lower Hatch Street, Dublin 2. Registered in Ireland No. 387390. Throughout this website, the terms “we”, “us” and “our” refer to MWELL. MWELL offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
ACCEPTING THESE TERMS
By visiting our website and/ or purchasing something from us, you engage in our service to provide products (the "Service") and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or purchasing any of our products. By accessing or using any part of this website, or making any purchase from us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the Services.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
Updating these Terms
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any changes to these Terms of Service shall take effect from the date notified, except that changes will not affect any purchase which is not completed at the time the changes come into effect.
Third party hosting
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of and access to the Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – PURCHASE TERMS
You are not required to set up an account ("Account") on our website to make purchases. However, some parts of our Service can only be accessed through an account, such as order tracking and Subscriptions. If you choose to create an Account, you are responsible for keeping your username and password secure, and for all activity which occurs on your Account.
Our acceptance of your order
Our acceptance of your order will take place when we email you with the shipping confirmation, at which point a contract will come into existence between you and us. You may cancel your order at any time before we email you with an acceptance of the order, through your Account if you have one, by contacting us.
You agree that once you click on the [Pay Now] button, you are entering into a binding agreement to purchase the products in your order. We accept all major credit cards. We will not charge your credit until we dispatch the products to you. You will be charged for a Subscription as set out in the order confirmation for each delivery in the Subscription, as further described in Section 4 below. Link Network are the merchant of record and will appear as the seller on your invoice and your credit card statement.
If we cannot accept your order
If we are unable to accept your order (for example, if we have sold out of the product or we can't meet a delivery deadline), we will let you know by email, and we will not charge you for the product.
Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Rights to cancel and refunds
Please see Section 5 of these Terms for your rights to obtain a refund of your order.
SECTION 3 – COSTS AND DELIVERY
Costs of delivery
The costs of delivery will be as displayed to you on this website.
Timing of delivery
We do our best to ship in-stock items the next business day. You can expect next day delivery for UK domestic orders placed before 3:30pm. UK domestic includes Scotland, Channel Islands and Northern Ireland. For Republic of Ireland and Scottish Islands the delivery time is 2 days.
As soon as your order ships, we’ll send you a shipping confirmation email with your tracking ID number, if you are based in the UK. We provide registered users with a tracking ID number in the Order History section of your Account (for UK customers only).
For orders above £30 we offer free next day tracked & signed delivery to the UK and free basic post to the Republic of Ireland.
Tracking your delivery
Right now, only UK consumers can track their orders. As soon as your UK order ships, we’ll send you a shipping confirmation email with your tracking ID number.
If you have an Account, you can also find your tracking ID number in the Order History section of your Account.
If you're having trouble locating your package, our team is happy to help - please contact us here.
If you’re having trouble locating your package, our team is happy to help. Contact us here.
Events outside our control
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
SECTION 4 – SUBSCRIPTIONS
With a Subscription, you can receive a discount off MWELL’s everyday low price of products on this website as well as the convenience of automatic deliveries when you receive your Subscriptions each month. There are no commitments, obligations, or fees and you can cancel a Subscription at any time.
The selection of products available for Subscriptions may change from time to time and might be subject to delivery restrictions. Information about Subscription options will be displayed on the product page of this site.
Your Subscriptions are personal to you and you may not assign or transfer your Subscription(s) or any of the benefits associated with Subscriptions available on this website to any third party.
Through a Subscription, you agree to regular product deliveries. Products will be ordered and delivered automatically at the available delivery frequency chosen by you at the time of entering into the Subscription without any further action required by you. Some Subscriptions and product details (including price, discount and availability) may change over time. Each Subscription order will be subject to the then applicable Subscription and product details. Before each Subscription order is dispatched to you, you will receive an order confirmation message including order details and instructions for cancelling or modifying your order if you wish to do so ("Subscription Order Confirmation"). We will also send you an e-mail at the address associated with your Account or a message on the message centre in your Account confirming to you that we have dispatched the subscribed product(s) to you ("Subscription Dispatch Confirmation").
Unavailable Subscription products
If any Subscription product is not available on the date it is scheduled to be dispatched to you, we will attempt to fulfil the order within two weeks of the original dispatch date. If the Subscription product becomes available during that two week period, it will be dispatched to you without any further action required by you. Delay due to non-availability of any Subscription product will not affect the Subscription discount applicable to any other subscriptions you may have or to future orders for the same Subscription.
If any Subscription product is no longer available for Subscription, your Subscription may be changed to a suitable replacement. You will be notified of this change. If you do not wish to continue with your Subscription for a replacement product, you may cancel your Subscription through your Account.
Subscription pricing and payment
For each Subscription order you will be charged the price (including VAT where appropriate) for the product(s) you have Subscribed for on the day your Subscription order is processed, as detailed in the Subscription Order Confirmation, less the applicable discount.
The Subscription discount you receive will be the discount applicable to your Subscription product(s) at the time your order is processed, as detailed in the Subscription Order Confirmation. Temporary discounts and time limited or special offers only apply to Subscription orders placed while that discount or offer is available.
The price of each Subscription will be charged to the payment method used to create your Subscription. If we are unable to complete your Subscription order using the payment method you used to create your Subscription or otherwise indicated by you, you authorise us to update your Subscription with another payment method we have on record for you and to charge that payment method for your Subscription orders. If we do not have another payment method on record for you or are unable to charge any payment method, we have on record for you for your Subscription orders, your Subscription(s) will be cancelled.
Cancelling a Subscription
Your Subscription(s) continue until cancelled.
You may modify or cancel your Subscription at any time through your Account, or by contacting us. Cancellation or modification will not affect Subscription shipments or orders for which you have already received a Subscription Dispatch Confirmation.
We retain, as appropriate, the right to cancel your Subscriptions at any time. If your Subscription is cancelled, you will be notified through your Account and/or via email and you will only be charged for Subscription orders for which you have already received a Subscription Dispatch Confirmation.
Cancellation of a Subscription for any reason might decrease the discounts applicable to any remaining subscriptions. You can check the subscription discount applied to your current subscriptions from your Account.
If you reactivate a Subscription that you previously cancelled, the discount applicable to your reactivated subscription may not be the same discount that was in effect prior to cancellation. The new discount will be applied to your future orders of that new Subscription.
Problems with a Subscription
If any problems arise with your delivery address, or payment method, which we are unable to address, we will notify you via e-mail using the e-mail address associated with your Account or via the message centre of your Account and your Subscription(s) will be automatically placed on hold. No additional Subscription orders will be processed or dispatched until the problem is resolved.
SECTION 5 – RETURNS
If for any reason you are not happy with your purchase, please reach out to us at via our Contact Us Page. Our customer service team will be happy to either replace your purchase or issue you a refund.
Please note that returns or exchange requests must be made within 30 days of their delivery date.
For a refund or exchange on your purchase, contact us via the website and we will send you a prepaid return slip. Once your package is received, we will process your request and issue your refund. Refunds will be processed using the same payment method you used at checkout. For exchanges, items will be shipped within 5-7 business days.
Our products undergo thorough quality assurance procedures to ensure they live up to our high standards. However, if you find a damaged or defective bar upon arrival that doesn't meet your expectations, please send us a photo of the defect so that we can assess the situation and prevent it from happening again. We will either replace the products or issue you a full refund, whichever you prefer.
Your statutory rights are not affected.
SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We will not modify or discontinue the Service in relation to any orders for which you have received an order confirmation or Subscription Dispatch Confirmation.
SECTION 8 – PROVISION OF PRODUCTS
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to these Terms.
We have made every effort to display as accurately as possible the colours and images of our products, however, we cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited under applicable law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and (where relevant) account information for all purchases made on our website. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. From time to time, our website may be unavailable while we undertake maintenance and updates.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the maximum extent permitted by applicable law.
Our responsibility for certain losses
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
Losses we cannot exclude liability for under law
We do not exclude our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Subject to the above exclusions and limitations, our liability to you is limited to the amount you paid for your order.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MWELL, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service and any purchase of products by you constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – OTHER PEOPLE'S RIGHTS
These Terms are between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end these Terms.