Terms For Store Users

Last updated: 21.03.24

Background

These Terms for Store Users, together with any and all other documents referred to herein, set out the terms under which Users (“Store Users”) display on Our Site. Please read these Terms for Store Users carefully and ensure that you understand them before displaying on Our Site. You will be required to read and accept these Terms for Store Users when you access and use our Store User services. If you do not agree to comply with and be bound by these Terms for Store Users, you will not be able to display on Our Site. These Terms for Store Users, as well as any and all contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means collectively the personal/identifying information, donation/payment information and credentials used by Store Users to access parts of Our Site to create Listings;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Listing”	means a Listing on Our Site advertising an item/service or items/services for sale;
“Site”	means Our platform for Site Users and Store Users on Our Site;
“Our Site”	means this website, www.wellbeingumbrella.co.uk;
“Store User(s)”	means a User who displays Listings on Our Site;
“Site User(s)”	means a User that accesses Our Site;
“Donation Payment Service”	means the donation payment service provided by Stripe.com;
“User Content”	means any Content added to Our Site by a Store User;
“We/Us/Our”	means Wellbeing Umbrella whose main business address is 49 Wigan Road, Hindley. Wigan. WN2 3BG.

2. Information About Us

Our Site is owned and operated by Wellbeing Umbrella whose main business address is 49 Wigan Road, Hindley. Wigan. WN2 3BG.

3. Access to and Use of Our Site

3.1 Access to Our Site is at our discretion and is free of charge and displays Listings to Site Users in the U.K.

3.2 You may only display a Listing on Our Site if you are 18 years of age or over.

3.3 You may only display a Listing on Our Site if your business is located within the United Kingdom. We reserve the right to request further documentation to verify your business.

3.4 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.5 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Store Users, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.6 Use of Our Site is also subject to Our Website Terms of Use and Terms for Site Users. Please ensure that you have read them carefully and that you understand them.

4. Our Site

Our Site is provided solely as an online Listing platform for Site Users and Store Users. We are not a party to any transactions or other relationships between Site Users and Store Users. You hereby acknowledge and agree that:

4.1 Site Users are not making purchases from Us and are not entering into a contract with Us. A Site Users’ purchase is from you, and their contract is with you;

4.2 We will not be a party to any dispute between you and any Site User or another Store User. Any claims must be made directly against the party concerned.

5. What Can and Cannot be Displayed on Our Site

5.1 Wellbeing Umbrella is a wellness Platform, all Listings of products and services must comply with applicable law and regulations. The following are permitted on Our Site and are for guidance only, we reserve the right to remove any Listing We consider to be inappropriate for sale for any reason:

5.1.1 Services both in-person and virtual (including appointments, events and classes) that promote either physical, mental and/or social wellbeing (subject to sub-Clause 5.2);

5.1.2 Products (including physical, downloadable or virtual) that are unused and promote either physical, mental and/or social wellbeing (subject to sub-Clause 5.2) including;

5.1.2.1 Health Supplements that comply with all UK legal requirements (including labelling) and;

5.1.2.2 Food and non-alcoholic beverage that is correctly packaged, labelled (in English) and complies with all applicable regulations. All Listings must comply with the EU regulation on the provision of food information to consumers. All ingredients must be lawful and within permitted quantity or concentration limits.

5.2 It is the responsibility of the Store User to make sure that you and your Listings comply with all applicable laws and Our Site policies. The following are not permitted on Our Site either for legal, harmful reasons, or due to them not fostering the values of Wellbeing Umbrella:

5.2.1 Adult entertainment-oriented products or services (in any medium, including Internet, telephone or printed material);

5.2.2 Aerosols for any purpose other than for toiletry or medicinal purposes (including spray paints, air fresheners);

5.2.3 Alcoholic beverages;

5.2.4 All types of illegal services and products;

5.2.5 All types of offensive material;

5.2.6 All unlicensed medicines;

5.2.7 Ammunition (excluding lead pellets and other airgun and airsoft projectiles);

5.2.8 Any good, service, or content that violates the law or legal rights of others;

5.2.9 Batteries that are classified as dangerous goods and used batteries (including wet spillable lead acid/lead alkaline batteries (such as car batteries), used alkaline metal, nickel metal hydride (NiMH), nickel cadmium (NiCd), zinc-air batteries, solo lithium batteries, power banks and damaged batteries of any type);

5.2.10 Batteries, specifically new and used lithium batteries when not sent with or connected to an electronic device (including power banks);

5.2.11 Betting, including lottery tickets;

5.2.12 Blood, body fluids or body parts;

5.2.13 Clinical and medical waste (e.g. contaminated dressings, bandages and needles);

5.2.14 Controlled drugs and narcotics (such as cannabis, cocaine, heroin, LSD, opium and amyl nitrate);

5.2.15 Corrosives (including dyes, acids, corrosive paint and rust removers, caustic soda, mercury and gallium metal);

5.2.16 Counterfeit or unauthorised goods – Unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported;

5.2.17 Endangered/ Threatened Species Products or Services;

5.2.18 Environmental waste (including used batteries and used engine oil);

5.2.19 Escort services;

5.2.20 Explosives and destructive devices (including fireworks, flares, blasting caps, party poppers);

5.2.21 Flammable liquids (including petroleum, lighter fluid, certain adhesives, solvent based paints, wood varnish, enamels, acetone and all nail varnish removers);

5.2.22 Flammable solids (including magnesium, phosphorous, potassium, sodium, zinc powder and fire lighters);

5.2.23 Gases, including flammable, non-flammable, toxic and compressed gases (including new, used and empty gas cylinders, ethane, butane, refills for lighters, fire extinguishers and scuba tanks, life jackets, nitrogen dioxide and carbon dioxide canisters including culinary foaming devices & soda stream);

5.2.24 Hazardous materials;

5.2.25 Herbal or homeopathic products without the required MHRA licences;

5.2.26 Hoverboards (including any type of rechargeable battery-powered: self – balancing scooter, mono-wheel, stand-up unicycle or electric skateboard);

5.2.27 Illegal drugs and drug paraphernalia, vitamins or protein supplements;

5.2.28 Images or photos that contain nudity;

5.2.29 Infectious substances and pathogens (UN2814 or UN2900) as classified in the latest edition of the Technical Instructions for Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization (ICAO);

5.2.30 Intellectual property or proprietary rights infringement on products or services;

5.2.31 Items that do not have a fair or reasonable price;

5.2.32 Lighters and refills containing flammable liquid or gas (including used butane, petrol cigar and cigarette lighters);

5.2.33 Listings acting wholly or mainly as advertisements, including links to third party websites and promotional messages;

5.2.34 Listings claiming that a product or service is intended to be used for the diagnosis, cure, mitigation, treatment or prevention of disease in humans;

5.2.35 Listings or ‘lucky dip’ type products containing items that are not clearly described on the Listing page;

5.2.36 Listings that are published as “free”, with no intention of giving them away for free;

5.2.37 Listings that encourage or facilitate illegal activities;

5.2.38 Magnetised material (with a field strength of 0.418A/metre or more at a distance of 4.6 metres from the outside of the package);

5.2.39 Matches (including safety matches);

5.2.40 Obscene material and all types of pornography;

5.2.41 Offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking;

5.2.42 Opened or used products;

5.2.43 Oxidising materials or organic peroxides (including disinfectants, nitrates and hair dyes or colourants containing peroxide);

5.2.44 Pesticides (e.g. weed killer and any chemical used to kill pests and insects including fly sprays);

5.2.45 Photos that do not clearly show a product item;

5.2.46 Poisons, toxic liquids, solids and gases (including substances that are liable to cause death or injury if swallowed or inhaled or by skin contact, including arsenic, cyanide, fluorine, rat poison);

5.2.47 Prescription drugs and medical devices;

5.2.48 Products and ingredients that governmental agencies have determined present an unreasonable risk of injury or illness or are otherwise unsafe;

5.2.49 Products/goods belonging to franchise business brands, multi-level-marketing brands and/or network marketing brands;

5.2.50 Products containing ingredients that are not authorised or are restricted under the Novel Food Regulations;

5.2.51 Products labelled as ‘not for retail sale’, ‘tester’ or ‘not intended for resale’;

5.2.52 Products that have been tested on animals or that contain ingredients that have been tested on animals, as set forth by EU Regulation 1223/2009;

5.2.53 Products that have been the subject of recalls or safety alerts;

5.2.54 Products that have passed their expiration or ‘use by’ dates;

5.2.55 Products that infringe copyright or trademark laws;

5.2.56 Radioactive materials and samples (Classified as dangerous goods such as luminous dials from aircraft);

5.2.57 Recalled items;

5.2.58 Seized goods;

5.2.59 Sexual health enhancers, including dietary supplements, drugs and devices;

5.2.60 Solvent-based paints, wood varnishes and enamels;

5.2.61 Stolen property;

5.2.62 Substances or drugs considered as legal highs;

5.2.63 Supplements or vitamins that exceed the maximum U.K daily dosage;

5.2.64 Tobacco, e-cigarettes, and e-liquid;

5.2.65 Unfair, predatory, or deceptive practices – including sale or resale of a service without added benefit to the Buyer or resale of government offerings without authorization or added value;

5.2.66 Waste, dirt, filth or refuse (including household waste. Note soil samples sent for analysis are permitted provided they are packaged so that any leaks and spills are contained in the outer packaging);

5.2.67 Weapons (including Section 5 firearms, CS gas and pepper sprays, flick knives and other knives that are banned under UK laws, tasers and stun guns)

5.3 We reserve the right to remove any Listing that breaches the provisions of this Clause 5. If We do so, please note that Subscription Fees are non-refundable. In addition, We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.

6. Descriptions Policy

When displaying on Our Site, it is important that all descriptions of items and services are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:

6.1 if an item is not new, it must not be described as such;

6.2 if an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;

6.3 if an item is not original (i.e. it has been purchased from, or otherwise supplied by, another party), it must not be described as such;

6.4 you may only describe something as being made or done by you if that is truly the case. If any other party is involved, your Listing must state and describe their involvement;

6.5 your Listings must be allocated to the appropriate category or categories. Where you cannot identify an appropriate category you will contact us;

6.6 subject to sub-Clause 6.7, photographs must be of what you are selling and not stock photographs, photographs from other Store Users or websites, drawings, renderings, or other representations;

6.7 if you are Listing multiples of the same item (including, but not limited to, items made to order, customised versions of an item, or variations resulting in a similar but not identical product), you do not need to include photographs of every individual item, provided that your description sets out any variations that are likely to be made, stating that the photographs provided are examples only;

6.8 your Listing must include delivery costs where it is possible to calculate them in advance, or reasonable estimates where it is not possible to calculate them in advance;

6.9 if you are offering items made or customised to order, provide full details of the options available to Site Users;

6.10 if you are offering items made or customised to order and the price for those items will vary according to a Site Users’ requirements, include full details of pricing including, if possible, set prices for different versions of an item or, if this is not possible, a statement that pricing will vary according to the Site Users’ requirements;

6.11 if you are offering items made or customised to order, you must provide reasonable estimates for the time required to make or customise such orders and use all reasonable efforts to ensure that you keep to such times;

6.12 you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 7 for more information on intellectual property rights);

6.13 your Listing must not advertise alternate locations from which your items can be purchased.

7. Intellectual Property Rights

7.1 The provisions of Clause 5 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Site whether in Listings or as digital content for purchase by Site Users.

7.2 Store Users must, at all times, respect the intellectual property rights of other Store Users on Our Site. Under no circumstances may you use intellectual property belonging to another party without that party’s express written permission.

7.3 If you feel that another User (whether they are another Store User or Site User or otherwise) has infringed your intellectual property rights in any way, please contact Us at biz@wellbeingumbrella.com.

7.4 If another party contacts Us accusing you of infringing their intellectual property rights:

8. Store User Rules and Acceptable Usage Policy

8.1 When using Our Site, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 8. Specifically:

8.2 When using Our Site, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:

8.3 Product images submitted to Wellbeing Umbrella must meet the standards set out in Our Image Standards Policy.

8.4 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms for Store Users. Further actions We may take include, but are not limited to:

8.5 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Store Users..

9. Donation Payment Service

We deeply appreciate your donations to help us achieve our mission which includes covering site operating costs.

By donating to Wellbeing Umbrella through our online donation platforms for single and monthly donations on our website (www.wellbeingumbrella.co.uk) you agree to the following Terms and Conditions For Donation Payments.

10. Your Account Cancellation Rights

10.1 You may close your Account and cancel your agreement with Us by submitting a cancellation request via the “Contact Us” page.

10.1.1 To cancel your Donation payment please access your Stripe Account.

10.1.2 To close and/or delete your Account data please request this action via the “Help form” on Our Site. Please note that once an Account is deleted it cannot be undone.

10.2 If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:

10.2.1 We have breached these Terms for Store Users in a material way and fail to remedy the breach within 28 days of you asking Us to do so in writing; or

10.2.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or

10.2.3 We change our service or these Terms for Store Users to your material disadvantage; or

10.2.4 We are adversely affected by an event outside of Our control that continues for more than 60 days (as under sub-Clause 12.2.5).

10.3 Closed Accounts that have been disabled for longer than 90 days will be deleted, including its contents.

11. Our Liability to You

11.1 As stated in Clause 4, We are not a party to any transactions, other relationships, or disputes between Site Users and Store Users.

11.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Store Users or as a result of Our negligence.

11.3 Subject to sub-Clause 11.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

11.4 Nothing in these Terms for Store Users seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

11.5 Nothing in these Terms for Store Users seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

12. Events Outside of Our Control (Force Majeure)

12.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations to you:

13. Communication and Contact Details

13.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at biz@wellbeingumbrella.com or post at Wellbeing Umbrella, 49 Wigan Road, Hindley. Wigan. WN2 3BG.

13.2 For matters relating to Our Site including, but not limited to, these Terms for Store Users, transactions, Site Users, and other Store Users, please contact Us by email at biz@wellbeingumbrella.com or post at Wellbeing Umbrella, 49 Wigan Road, Hindley. Wigan. WN2 3BG.

13.3 For matters relating to cancellations, please contact Us by email at biz@wellbeingumbrella.com or post at Wellbeing Umbrella, 49 Wigan Road, Hindley. Wigan. WN2 3BG, or refer to the relevant Clauses above.

15. Other Important Terms

15.1 We may transfer (assign) Our obligations and rights under these Terms for Store Users to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms for Store Users will not be affected and Our obligations under these Terms for Store Users will be transferred to the third party who will remain bound by them.

15.2 You may not transfer (assign) your obligations and rights under these Terms for Store Users without Our express written permission.

15.3 If any of the provisions of these Terms for Store Users are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Store Users.  The remainder of these Terms for Store Users shall be valid and enforceable.

15.4 No failure or delay by Us in exercising any of Our rights under these Terms for Store Users means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Store Users means that We will waive any subsequent breach of the same or any other provision.

15.5 We may revise these Terms for Store Users from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Store Users are to your material disadvantage, you may cancel as set out in sub-Clause 10.2.3.

16. Law and Jurisdiction

16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.