Prior to submitting an order by clicking the ‘submit order’ button on the payment method page, please save or print a copy of these terms and conditions (the “Terms”) to keep on file for future reference regarding the order you are submitting. Please understand that if you do not accept these Terms, you will not be able to order any products from our Site as it is a condition of your purchase from the Site that you accept these Terms.
1- Scope and acceptance of General Terms
The site www.seabody.com (hereinafter referred to as the “Site”) is an e-commerce site accessible via the internet at the address www.seabody.com. It is open to any internet user (a “User”). It is made available for access by the holding company NutraMara Ltd, a company registered in Republic of Ireland under company number 609559, and its subsidiary brand, Seabody.com, (the “Vendors”), both of Beechgrove House, Strand Street, Tralee, Co. Kerry.
It is hosted by: 123reg (www.123reg.co.uk )
The Site enables the Vendors to offer food supplements and cosmetic products (the “Products”) for sale to Users browsing on the Site. Under these Terms, it is agreed that the User and Vendors shall be jointly referred to as the “Parties”, and individually as a “Party” and that a User that has placed an order which has been accepted by the Vendors shall then be referred to as the “Customer”.
The rights and obligations of the User shall automatically apply to the Customer.
Any order of Products offered on the Site is conditioned on acceptance of these Terms and the User’s acceptance of these Terms shall be evidenced by the User checking the appropriate box on the Site to indicate acceptance of these Terms. Acceptance of these Terms by the User shall not require a handwritten signature by or on behalf of the User or the Vendors.
The User may make a backup copy or print these General Terms, providing that they are not modified.
These Terms come into effect as from 1st March 2021.
The Vendors reserve the right to change these Terms without notice and at any time, with any modifications not applying to reservations and orders already placed by the Customer and accepted by the Vendors.
These Terms shall apply to the exclusion of any other document.
2- Products sold on the Site
All the offers of products proposed on the Site are limited to www.seabody.com.
Prior to placing an order, the Customer may check the main features of any product or products they wish to order, by consulting the Site. No contract shall be deemed to come into being between the Parties until the Vendors shall have accepted the Customer’s order by shipping the Products ordered by the Customer. In the case of manifest error regarding the terms of any invitation to treat made by the Vendors on the Site, the Parties shall rectify such error in good faith and the Vendors shall not be bound to fulfil any order which would involve the Vendors supplying goods at less than the cost price thereof.
Purchase offers, including special promotions, are valid for as long as they are visible on the Site. Please note that all special offers running on the Site are subject to stock availability. In the event we are out of stock on any gifts or other components of a special offer, the offer will be removed or refreshed accordingly or alternatively, where possible, substitutions of samples or free gift items may be made without notice.
If you obtain a product/item on your order for free due to a technical error, you are obliged to pay the value of goods received or alternatively return the goods in full to the Vendors.
3- Prices of products for sale on the Site
The prices shown on this Site are in euros, including all taxes, and are guaranteed up to 31/12/2021, with it being stipulated that products ordered are invoiced at the price in force when the order is registered.
They do not include shipping charges, which are invoiced in addition to the price of the purchased products, according to the total amount of the order. Shipping charges will be shown before the Customer is asked to confirm the order.
Prices include value added tax (VAT), at the rate in force on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by the Vendors on its Site.
All orders imply full and unreserved acceptance of these Terms.
The Customer accepts that the Vendor’s order registration systems are proof of the nature of the agreement and its date.
The Customer places an order and makes an offer to the Vendors by clicking on the “Pay Now” button on the Site. By placing any order the Customer accepts these Terms. The Vendors accept the Customer’s offer by completing the purchase and shipping the Products to the Customer. A summary of the order can be printed.
Once the order has been accepted and registered, a detailed acknowledgement of the order is sent to the Customer at the email address provided. This acknowledgement specifies the exact amount invoiced and details of delivery.
This acknowledgement communicates the Vendor’s acceptance of the Customer’s order and confirms the transaction, subject to order payment.
In the event of one or more products being unavailable once the order has been placed, the Customer will be notified by email. The amount of the order will be recalculated and the Customer will be debited the new amount, with the price of the unavailable products deducted. If the whole order is unavailable, the Customer will be notified by email and will not be debited.
The Customer may also cancel an order placed on the Site by contacting our Customer Services. If Customer Service informs the Customer that the order has already been processed, the Customer cannot cancel. In this case, they must refuse reception of the order when it is delivered.
The Vendors do however reserve the right to suspend or cancel any order placed by a Customer with whom a dispute exists regarding the payment of a previous order, or for any other legitimate reason, in particular related to the unusual nature of the order.
All orders are payable in euro.
To pay for their order, the Customer must use one of the following methods of payment: credit card, debit card or Paypal. The following cards are accepted on the Site: Visa, MasterCard, Discover and American Express.
The Customer warrants to the Vendors that they have been granted all requisite authorisations and approvals required to use their chosen method of payment, when registering the purchase order.
As part of the measures taken to prevent fraud over the Internet, information concerning the Customer’s order may be sent to any competent authority for verification.
Stripe supports payments, refunds and debits. Its registered office is at The One Building, 1 Grand Canal Street Lower, Dublin 2.
To ensure secure credit card payment, the Customer must send the card security code of the bank card being used.
Secure payments on the Site are guaranteed by the Vendor’s payment services provider.
6- Order Delivery
The products will be delivered to the address provided by the Customer when placing their order by Master Card, Discover, American Express and Visa, according to the selected method of delivery.
Orders will be delivered within an average of 2 to 6 days as from the day on which the Vendors receive the order, according to the selected method of delivery and no later than 14 days as from reception of the order, subject to full payment of the price.
7- Statutory rights
The Customer shall benefit from the provisions of the legal guarantee regarding product conformity and all mandatory protections of applicable consumer protection law. Nothing in these Terms affects the Customer’s statutory rights in any relevant jurisdiction.
In the event of non-conformity of the product, in particular due to an anomaly or an error in the delivered references, the Customer can choose to return the product to the Vendor and be reimbursed.
Return shipping costs will be reimbursed by the Vendors on request by the Customer in any case where the Customer is entitled to return Products due to breach of the Customer’s mandatory statutory entitlements. The Customer may contact Customer Services by email as regards any claim.
8- Distance Selling – Right of withdrawal
The Customer has a period of 14 clear days as from the date of reception, to return the ordered products for reimbursement at their own expense for shipping.
The reimbursement will be made by the same method of online payment that the Customer used previously after exercising their right of withdrawal, no later than 14 days. following the date on which the right was exercised.
9- Instructions for returning products
Whatever the reason for returning products to the Vendors, the Customer is advised to follow the following instructions in order to facilitate processing of the return:
• Use the original packaging to return the product.
• Fill in and attach the Return Form.
The products can be returned by the Customer under the conditions and according to the instructions below:
• We accept the return of any item purchased on the site if it is returned within 14 days from the date of receipt of the order by the Customer.
• We require the Customer to attach the Return Form attached to the order to facilitate the processing of the said return.
• The refund is the total amount paid on the purchase, including delivery charges. It should be noted that only standard delivery charges will be taken into account (the amounts corresponding to express or special items will not be supported).
• The product must be intact, in its original condition, in its packaging, with its accessories and instructions. It must not have been used.
• If a box or a set should be returned, it is imperative to send all of this box or set.
• All returns must be in their original packaging and in saleable condition.
In particular cases of texture or altered or intolerance we invite you to contact us beforehand by email at [email protected]. A specific return procedure will be communicated to you.
To return an item, the Customer must follow the instructions below:
• Use the original packaging to return the product
• Fill out and attach the Return Form attached to your order.
• Paste the prepaid return label attached to the order (above the return form) on the package.
• Deposit the return package in your nearest Parcel Connect collection point and keep proof of postage. Find your nearest collection point at www.parcelconnect.ie/map/
Any risk related to the return of products is borne by the Customer.
10- Retention of title
All products remain the exclusive property of the Vendors until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full.
The Vendors cannot be held liable for non-fulfilment of contracts due to stock shortages, except for cases of special price offers not intended to lower stock levels, or in the event of product unavailability due to force majeure.
The Vendors accept no liability for:
• any interruption to the Site;
• any incidences involving bugs, faults;
• any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site;
• problems or delays in delivery;
• more generally, any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site or any credit accorded to any information directly or indirectly coming from it.
12- Intellectual property
In accordance with legislation governing the ownership of literary and artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this site, together with their compilation, are the exclusive property of the Vendors, as it does not grant any license or any entitlement other than that of consulting the Site. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited. Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorization from the Vendors.
Any other use constitutes infringement.
13- Applicable law
The sales of products of the Vendors are subject to Irish Law.
14- Data processing
The data collected will be processed for the purpose of sending out a newsletter and/or processing the Customer’s order. The recipients of the data are the Vendors and their service providers.
The Customer has the right to access, change, correct and delete personal information concerning them by contacting the Vendors by email.
15- Gift Message Terms
We reserve the right to reject the printing of a gift message or e-gift voucher which includes any content or material which:
• is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
• contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
• may harass, upset, embarrass or alarm any person
• gives the impression that it emanates from or has been approved by us
• advocates, promotes or assists any unlawful act