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Terms and Conditions

This Site is owned and operated by Guthy-Renker UK Limited. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.

Please note that when you order a deluxe kit of Products, you agree that we may send you the same Products in the same quantities and on the same chargeable basis every 90 days from the date of your first order, OR if you order a 30 day introductory kit of Products, you agree that 30 days after your introductory kit has been shipped that we will send you a 90-day supply of the products at the deluxe kit price every 90 days.

All products come with our 60 day money back guarantee and you can cancel at any time by phoning 0800 840 1126.


Important liability statement

The information available on or through this Site, and the Services supplied via or in connection with this Site do not constitute medical advice. While every reasonable effort has been made to ensure the quality and efficacy of the Products, they are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so. If for any reason, your condition worsens or you are concerned about the reaction of your skin to the Products, you should seek advice from your doctor.

We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.

We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, or for fraud, for liability under Part 1 of the Consumer Protection Act 1987, or for any other liability which may not by applicable law be excluded or limited and we do not do so. Subject to that, our liability to you in respect of Services in each year is limited to the amount of charges for the Products payable by you to us in that year subject to a minimum of £100.

 

1.

Definitions

In these terms and conditions, the following definitions apply:

"Before and After Story" means any written testimonials you supply to us relating to the Products together with any photographs.

"Plan" the Wen® Healthy Hair Care Plan offering newsletters, information and promotions to members relating to the Products and Services and other Guthy-Renker products and services;

“Guthy-Renker” means Guthy-Renker UK Limited, whose registered office is at 12, Gough Square, London EC4A 3DW, and whose company number in the register maintained by the Companies House is 03307025 and registered VAT number is 690671316 and 'we', 'us', 'our' shall mean Guthy-Renker;

"Materials" defined in clause 2.2;

"Products" means any products offered for sale on the Site;

“Services” means any information and services ordered and/or provided by Guthy-Renker through or via the Site including, without limitation, all services offered as part of the Plan membership. For the avoidance of doubt, any electronic information supplied to you by Guthy-Renker will constitute part of the "Service" not a Product and cancellation rights will apply accordingly; and

“Site” means the web site at the URL www.wenhaircare.co.uk or WAP site or replacement site(s) from time to time.

   
   
2. Use of this Site generally
2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.

 

2.2 The intellectual property rights in all materials on the Site and supplied as part of the Products or Services other than the Testimonials ("Materials") are owned by Guthy-Renker or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.
2.3 Should you submit a Before and After Story to us, you agree to grant us an exclusive, irrevocable, perpetual licence to use it worldwide on the Site and on any other Guthy-Renker group company website which sells or markets the Products and in our marketing materials and for any other business purposes.
2.4 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Guthy-Renker or any third party.
2.5 Guthy-Renker accepts no obligation to monitor the use of the Site. However, Guthy-Renker reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Guthy-Renker will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
2.6 Guthy-Renker may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

3. Your personal information
3.1 Use of your personal information is governed by Guthy-Renker’s Privacy Policy , which forms part of these terms and conditions. In the event that Guthy-Renker undergoes reorganisation or is sold to a third party, you agree that any personal information Guthy-Renker holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

4. Liability
4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Guthy-Renker does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
4.2 The Site includes links to external sites and co-branded pages. Guthy-Renker has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Guthy-Renker does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.
4.3 Subject to the important liability statement, Guthy-Renker is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
4.4 The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.

5. Password
5.1 As part of the Services offered via this Site, you may be issued with an individual password which can be used to access the Plan areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
5.2 In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify Guthy-Renker of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your Plan membership for whatever reason.
5.3 Guthy-Renker reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Guthy-Renker promptly of any changes to your registration details.

6. Suspension and termination of Service
6.1 Guthy-Renker may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will not necessarily be uninterrupted or error free.
6.2 Guthy-Renker may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Guthy-Renker or any company in Guthy-Renker’s group.

7. Eligibility to purchase Products
7.1 Guthy-Renker does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a Plan member or purchase Products from the Site. By applying to be a Plan member or by ordering Products, you represent that you are 18 years of age or older.
7.2 In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, Delta or Switch credit or debit card. You warrant that the payment card you submit is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Guthy-Renker is not responsible in the event that your payment card provider refuses to authorise payments.

8. Ordering Products

8.1

8.1 IMPORTANT: When you order a 30 day introductory kit of Products, you agree that 30 days after your introductory kit has been shipped that we will send you a 3 month supply of the products at the low Plan price of £19.99 plus £5.95 (totaling £59.97 plus p&p) per month every 90 days and you agree that we may debit the credit card you submit for your first order (including applicable sales tax and postage) on each subsequent dispatch of Products.

We will send you a confirmatory email prior to each dispatch of Products. Unless you notify us that you want to cancel these automatic repeat orders you will continue to be sent the same Products and your credit or debit card will be charged the price and relevant sales tax and postal charges every 90 days. Once you have purchased your first Products, the price for such Products will change if:

(a) you change your address and the applicable sales tax or postage changes accordingly; or

(b) our prices advertised on the Site increase in which case, we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change.
Price changes will not affect your cancellation rights.


8.2 You may cancel future automatic purchases at any time by calling 0800 840 1126. On receipt of your call, we will make every reasonable effort to cancel your automatic purchases before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them. Your cancellation rights in relation to dispatched Products are set out in clause 11.
8.3 It is your responsibility to inform us of any change of address or other relevant details such as payment card details.

9. Contract Formation
9.1 You may submit orders on this Site for Products but no contract will exist in relation to the Products until we have confirmed to you by email the particulars of your initial order, the value of your initial order and the initial Products you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Guthy-Renker reserves the right to refuse orders for Products.

10. Pricing, availability and dispatch information of Products
10.1 Information displayed on the Site as to pricing and availability is subject to change by Guthy-Renker. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
10.2 While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 7 working days for delivery.
10.3 In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT so the price of a Product may change if you are ordering from outside the UK (see clause 10.4 below).
10.4 Products will be dispatched to your delivery address by your chosen delivery provider as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.

11. Cancellation rights for dispatched Products
11.1

After we send you the email confirming the dispatch of your Products and you receive the Products, you will then have a 60 day period during which you have a right to return the Products and receive a full refund (less postage and packaging costs). Within the 60 day period, you may cancel your order even if you have used all or part of the Products provided you notify us by contacting Customer Service on FREEPHONE UK 0800 840 1126 or 1800 905 081 Ireland (Mon-Fri 8am-7pm or Sat 9am-5pm) to confirm the return address details and receive a return authorisation number ("RAN") and please follow the instructions relating to returns in your delivery documentation. Returned Products will not be accepted without a RAN unless notification that you wish to cancel your order is received within 7 days of the day after the date on which you received the Products. You must return the containers of the Products covered by the cancelled order in the original packaging to us at:

Guthy-Renker Customer Service Department,
NL 0030
Greenford
UB18 7NL

Products must be returned by registered post (or any other method requiring the recipient to sign on delivery) in their original undamaged packaging. You are responsible for the costs of returning the Products. If you do not return the Products within 30 days of your cancellation, you will be deemed to have accepted the Products, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.

It can take up to 7 days for us to receive your return, depending on which postal service you use. Refunds are usually processed on the day of receipt. Please allow a further week for the amount to show in your account. Sorry if this seems a little long but the timeframe is dictated by your bank or card issuer.

11.2 When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
12 Plan membership
12.1 When you order Products you will be automatically enrolled in the Plan. Membership of the Plan will last until you cancel your order for the Products. You may also enroll in the Plan via the Site if you do not order Products in which case you may cancel your membership by contacting us on 0800 840 1126 For more information about what we may send you through your Plan membership, please refer to our privacy policy.

13 Warranties
13.1 Guthy-Renker warrants that the Services will be supplied with reasonable skill and care.

14 Statutory rights and refunds
14.1 THE RIGHTS OF CANCELLATION AND REFUND AND ANY LIMITATION EXPRESSED IN THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
14.2 Refunds in relation to Products may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.

15 General
15.1 Guthy-Renker may change these terms and conditions from time to time and will endeavour to notify you of any major changes by email or at the very least by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Guthy-Renker may delay enforcing its rights under these terms and conditions without losing them. You agree that Guthy-Renker may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
15.2 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
15.3 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to Guthy-Renker Customer Service Department, Unit A, Sovereign Park, Brenda Road, Hartlepool, TS25 1NN, UK or email customercare@wenhaircare.co.uk .

 16  Promotions
 16.1

 WEN® Save £10 off all Kits Offer website Ts & Cs

The WEN® by Chaz Dean save £10 offer (the "Offer") applies only to first-time customers purchasing any WEN® Kit. Maximum 2 kits per customer. Offer ends at 10am on 24th Februaryr 2014 All other products and line extensions featured on the website www.wenhaircare.co.uk are excluded from this Offer. The Offer cannot be used in conjunction with any other offer or promotion. You will only be charged £19.99 plus shipping and handling for the WEN® by Chaz Dean Introductory VIP Kit - Sweet Almond Mint or WEN® by Chaz Dean Introductory VIP Kit - Cucumber Aloe. If you select the WEN® by Chaz Dean Deluxe VIP Kit - Sweet Almond Mint or WEN® by Chaz Dean Deluxe VIP Kit - Cucumber Aloe you will only be charged £49.97 plus shipping and handling BUT PLEASE NOTE: All future continuity shipments of the Product that you are subscribed to will be charged at our normal price, currently £59.97 plus shipping and handling.

 16.2  

WEN® Basic Kit - Free gift worth over £15

The WEN® by Chaz Dean Basic Kit - free gift worth over £15 offer (the "Offer") applies only to first-time customers purchasing this WEN® Kit. Maximum 2 kits per customer. Offer ends at 3pm on Friday 27th September 2013 All other products and line extensions featured on the website www.wenhaircare.co.uk are excluded from this Offer. The Offer cannot be used in conjunction with any other offer or promotion. You will only be charged £19.99 plus shipping and handling for the WEN® by Chaz Dean Basic Kit - Sweet Almond Mint. BUT PLEASE NOTE: When you order this product you will be automatically enrolled in the Plan. All future continuity shipments will be the Chaz Dean Deluxe VIP Kit – Sweet Almond Mint and will be charged at our normal price, currently £59.97 plus shipping and handling.

 17  VCharge Multivitamin Plan
 

When you order VCharge you will pay our special Introductory price of just £3.99 for a 30 day supply. After 30 days you will receive a new supply of VCharge Multivitamins every 60 days for just £29.98, only £14.99 per month (plus £3.95 P&P). Order now and help maintain normal skin, hair and overall wellbeing with automatic membership in our VCharge Multivitamin Plan. There are no minimum orders, you can cancel at any time and membership is free. Plus, you have our 30 day money-back guarantee (less P&P) on every subsequent shipment.