Body Clock Health Care Limited Conditions of Sale
1.Construction of the Contract
1.1 These conditions of sale apply to goods supplied by Body Clock Health Care Limited and any of its subsidiary companies including Babycare TENS and TENSunit.com (hereinafter called “the Company”)
1.2 These conditions shall apply to all contracts between the Company and any persons including consumers (a person, who is the final user of products or services), trader, firm or company (who purchase goods for business purposes) (hereinafter called “the Customer” unless hereinafter specifically described as a consumer or trader, firm or company) for the supply of goods or services by the Company.
1.3 The Company contracts upon the terms of these Conditions only, and any other standard terms emanating from the Customer shall not apply.
1.4 These Conditions shall not be modified without the written Agreement of the Company.
2. Formation of the Contract
2.1 No contract shall exist between the Company and the Customer for the sale of any goods or supply or any services until the Company has received and accepted the Customer’s order and processed the same.
2.2 The Company reserves the right to reject any orders from the Customer for any reason.
3. Description, Specification and Price of Goods
3.1 The description, specification and price of the goods the Company has for sale will be shown in the Company’s current catalogue or website. The Company’s policy is to improve its products continually and it reserves the right to make technical changes to the specification of the goods without affecting their function, quality or price.
3.2 Any typographical error, clerical error or omission in any sales literature, pro-forma invoice, quotation, price list, acceptance of offer, invoice or any documentation or information issued by the Company shall be subject to correction without liability on the part of the Company.
3.3 All ordered goods are subject to availability. If the goods ordered by the Customer are not available in stock, the Company will inform the Customer as soon as possible after receipt of the order.
3.4 The Company in these circumstances reserves the right to offer the Customer an alternative product, a refund or the choice to wait until the item ordered is back in stock.
3.5 Should the Customer choose an alternative product which is of a higher price than the original item the Customer ordered, the Customer shall be liable to pay any additional monies due for the new product. Such monies shall be paid by the Customer before the Company despatches the order.
3.6 Where the Customer opts for a refund the Company shall refund the sum paid by the Customer to the Customer.
3.7 In addition to the price of the goods, the Customer will be required to pay a delivery charge for the goods as shown in the appropriate section of the Company’s catalogue or website.
3.8 The price of goods and delivery charges will be shown in the Company’s catalogue or website as being inclusive or exclusive of VAT, where applicable.
3.9 Where goods are supplied for export from the United Kingdom, the Customer will be liable for delivery and insurance charges as agreed with the Company, and responsible for complying with any legislation or regulations governing the importation of goods into the country of destination and for the payment of any duties on them.
4. Delivery, Transfer of Title and Risk
4.1 The Company will despatch items ordered by the Customer using the methods of delivery specified in the shipping section of the Company’s website. The delivery charge raised is as set out in this same section. Delivery charges reflect the charges incurred by the Company with its agents and couriers. Such charges remain payable by the Customer should the Customer be a trader, firm or company which chooses subsequently to cancel their order after despatch has taken place and delivery charges have been incurred by the Company.
4.2 The Company shall use its reasonable endeavours to ensure that the estimated delivery times set out in the shipping section are met, but cannot accept liability for late deliveries which are due to circumstances outside the reasonable control of the Company.
4.3 Should items be lost in transit the Customer must contact the customer services team within 14 days of placing the order on(+44) (0)20 8532 9595 to report this loss. The Customer shall co-operate with the customer services team and complete and return to the Company any necessary documentation required in order to investigate the loss and make a claim for compensation against the courier or delivery agent which has lost the order.
4.4 The Company is able to deliver to addresses inside and outside of the United Kingdom and the delivery charges may vary according to the destination. If delivery cannot be made to the Customer’s address, the Customer will be informed as soon as possible and, where applicable; any sums paid by the Customer will be refunded.
4.5 Goods will be sent to the delivery address supplied by the Customer on placing an order. The Company cannot be responsible if the delivery address supplied is incorrect. Should the Customer fail to provide correct details, the Customer shall be liable for the costs of the goods, delivery charges and any other charges arising from this error.
4.6 The Customer must make all necessary arrangements to take delivery of the goods. Any failure to take delivery will leave the Customer liable for any additional charges that may arise from that failure.
4.7 Should the Customer wish to change the delivery address for an order placed with the Company, the Customer shall contact the customer services team on (+44) (0)20 8532 9595 at the earliest opportunity. The Company shall make every effort to effect such a change before despatch of the Customer’s order.
4.8 Should the order have been despatched prior to the Customer notifying the Company then the Company cannot change the delivery address. The Customer shall become liable for any charges arising from the need to recover the goods and send the order to a new address.
4.9 Where the Customer is a consumer full legal and beneficial title to and property in the goods and risk shall remain with the Company and will only pass to the Customer when payment for the goods has been received in full and when they come into the physical possession of the Customer or to the person that the Customer has asked the Company to deliver the goods to. In the case of a trader, firm or company title and all risk of damage to, or loss of the goods shall pass to the Customer once payment is received.
4.10 All products and accessories despatched by the Company to the EU and Northern Ireland are sold at prices which exclude UK tax (VAT). If the Customer is from the EU or Northern Ireland then the Customer may incur local import duties, costs and taxes, which are entirely their responsibility to pay to their local courier, customs agent or postal agent.
5. Cancellation and Returns Policy
5.1 Should the Customer wish to cancel or return any goods, this may only be done in accordance with this Cancellation and Returns Policy.
5.2 Prior to despatch the Customer may cancel any order or item at any time and no cost will be incurred. Cancellation may be undertaken by customers by telephone, letter or email. Customers who are consumers may use a model cancellation form found at www.bodyclock.co.uk/cancelorder.
5.3 At despatch, costs will be incurred non –consumers will be liable for any costs incurred. If a Customer who is a consumer returns goods but does not exercise their legal right to cancel (explained in this section) the Company reserves the right to return the goods to that Customer at their cost or to accept their return subject to making a deduction for any loss in value of the goods arising from the Customer’s handling of them and a charge to cover the Company’s processing cost.
5.4 After payment of any processing charge, the balance of any sums paid by that Customer shall be refunded.
5.5 Any cancellation will only be effective when it has been received, acknowledged and processed by the Company and any resulting refund will only be made once the ordered goods are received back by the Company from the and accepted.
5.6 No returned goods will be accepted by the Company unless they are unused, as new, in saleable condition and returned within the original packaging with any seal unbroken for health and hygiene reasons. Goods that do not meet these requirements, including electrodes, will not be accepted for reasons of health and hygiene.
5.7 Customers have 14 days after the date of delivery to cancel their order and then 14 days after that cancellation to return the goods to the Company. If the goods are not received by the Company within 28 days from after the delivery date, no refund will be made to the Customer.
5.8 The Customer must take reasonable care to ensure that the goods are not damaged whilst in the Customer’s possession or in transit. It is the Customer’s responsibility to ensure goods are received back by the Company should cancellation take place after despatch. The Customer should use an insured form of postage. Should the goods get lost in transit, the Customer remains liable for their loss and responsible for making any claims against the courier/postal agent used to return the goods. No refund will be paid by the Company in these circumstances unless the Customer is a consumer and there is a balance remaining between the amount refunded by the courier/postal company to the Customer and the amount the Customer paid for the goods. Any such balance shall be reimbursed by the Company to the Customer.
5.9 The Customer is not permitted to return goods using “return to sender” since it cannot be guaranteed how long it will take for goods to be returned to the Company or whether the goods will reach the Company at all using this method. Goods returned in such a manner will not be accepted.
5.10 The Customer shall inspect the goods immediately upon receipt and notify the Company within 14 days of delivery if the goods are damaged or do not comply with the order placed. Should the Customer fail to do so, the Customer will be deemed to have accepted the goods and no refund will be permitted.
5.11 Where the Customer seeks to return a Pain Gone pen the Company shall only accept a return providing the Customer has received a faulty unit and cannot accept any other returns of this product for health and hygiene reasons. Where the Customer has purchased a Femme Elite or SensaTONE, the Company will not accept the return or refund the cost of the accompanying probe for health and hygiene reasons. See 5.6 concerning accessories.
5.12 Where the Customer has purchased a Tens n Tone the Customer will be liable to pay for any accessories used since they cannot be reused for reasons of health and hygiene and will be refunded the balance.
5.13 Where a claim for defect or damage is made the goods shall be returned to the Company and if it is confirmed that there is a defect or damage the Customer shall be entitled to a replacement of goods or full refund (including delivery charges) and any return postal charges.
5.14 Where returned goods are found to be damaged due to the fault of the Customer, the Customer will be liable for the cost of remedying such damage. Where repair is not possible, the Customer will be liable for the full cost of the goods as detailed in the invoice issued with the goods. The Customer shall also be responsible for all postal charges to return the goods from the Company, should the Customer require the goods to be returned. These will be paid before the goods are returned to theCustomer.
5.15 All goods to be returned, must be returned to Body Clock Health Care Ltd, 108 George Lane, South Woodford, London, E18 1AD together with documentation clearly identifying the Customer’s full name, full address, telephone number, details of what is being returned, the problem identified and the original invoice number.
5.16 Where part of an order is returned by the Customer, the delivery charge will not be refunded.
6. Exchange Policy
6.1 The Company will exchange any products the Customer has purchased and returned within 28 days of receipt providing that the goods are returned unused, as new, in saleable condition and returned within the original packaging with any seal unbroken for health protection and hygiene reasons. Goods that do not meet these requirements will not be accepted.
6.2 If any variation in pricing arises as a result of the exchange of goods the Company will either charge or credit the Customer’s account accordingly. If the Customer’s account is charged then this additional sum shall be paid by the Customer before the exchanged goods are despatched.
6.3 Where a credit is due to the Customer the Company will refund the same.
6.4 An exchange can only be processed once the goods are received back at the Company’s premises.
6.5 When returning goods, the Customer shall take reasonable care to ensure that the goods are packaged carefully and include the original packaging. In addition, the Customer shall detail the reason for the return and a request for exchange.
6.6 It will remain the Customer’s responsibility to return the goods in good condition to the Company for exchange. It is recommended that an insured form of postage is used and a receipt is obtained from the courier or Certificate of Posting from the Royal Mail for your records. The Company will not accept any liability for damage or loss caused by the carrier while the goods are in transit unless the Company itself has arranged collection.
6.7 Should the goods go missing in transit to the Company, the Customer will remain liable for their loss and shall be responsible for making any claims against the courier or postal service used by the Customer. No refund or exchange shall be made by the Company in these circumstances.
6.8 The Customer is not permitted to return goods using “return to sender” since it cannot be guaranteed how long it will take for goods to be returned to the Company or whether the goods will reach the Company at all using this method. Goods returned in such a manner will not be accepted for exchange.
7.1 The Company warrants that the Goods shall be free from defects in materials and workmanship from the date of despatch for a period specified in the user manual for TENS, EMS, PFS and Electro acupuncture units. All other Goods purchased from the Company, including but not limited to leadwires, belt pouches and belt clips shall be covered by this warranty for 3 months. This does not include electrodes.
7.2 The Company will at its option refund the purchase price or repair or replace free of charge any goods which are proved defective upon examination by the Company, provided: (a) the Customer makes a full inspection of the Goods within 14 days of delivery by the Company; (b) the Customer notifies the Company forthwith of any defects it discovers; (c) the Customer has used the goods in accordance with the instructions or recommendations of the Company; and (d) the goods are returned to the Company at the Customer’s own expense for inspection and assessment by the Company within 28 days of receipt.
7.3 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, and negligence by the Customer or a third party, use otherwise than in accordance with the Company’s instructions, or any alteration or repair carried out without the Company’s approval.
7.4 In no circumstances shall the Company’s liability to the Customer for any breach of warranty exceed the price paid for the Goods in respect of which the claim is made.
7.5 If the goods supplied develop a defect while under warranty the Customer should contact the customer services team on (+44)(0)20 8532 9595.
7.6 If an item is not purchased from Body Clock directly the Customer should revert to its supplier for assistance.
7.7 If a customer is not purchasing goods as a consumer, the Company will not be liable for any losses including but not limited to those relating to any business (e.g. lost profits or consequential loss) which arise from any failure by the Company to supply the goods.
8. Babycare TENS
8.1 Babycare TENS should only be used in accordance with the instructions provided and only by the Customer for whom it is ordered.
8.2 The success of Babycare TENS in labour is neither guaranteed nor warranted.
8.3 Babycare TENS must not be used by anyone using a cardiac pacemaker or who suffers from heart disease or epilepsy. If you have any concern whatsoever consult your medical advisor prior to use. Babycare TENS must not be used until pregnancy has reached full term (37 weeks onwards).
8.4 If hiring a Babycare TENS unit (“the unit”), the hire period lasts for 30 days. If the baby is late the Customer may phone the Company on 0333 121 9737 to request an extra 7 days hire. This will be given without charge.
8.5 Failure to return the unit at the expiry of this 37 day period will incur a £5 charge for each and every week or part week the unit is retained over and above the hire period until the unit is received back by the Company. The Customer will be charged for the full retail value of the unit if the unit is not returned.
8.6 All outstanding sums will automatically be charged to the Customer’s debit or credit card.
8.7 The unit must be returned to the Company at Babycare TENS, 108, George Lane, South Woodford, London E18 1AD by the end of the 37 day period via Special Delivery or by obtaining a certificate of postage. The customer must retain certificate proving postage for at least 3 months. Should the unit not be received by the Company the certificate must be produced. Failure to do so renders the Customer liable for the full retail value of the unit.
8.8 The Customer is not permitted to return goods using “return to sender” and goods returned in this manner will not be accepted as there is no guarantee of their safety or how long it will take for them to arrive.
8.9 Non-use of the unit is entirely at the discretion of the Customer and no refund will apply.
8.10 Cancellations may only be effected in accordance with the Cancellation Policy in this clause. Prior to despatch the Customer may cancel any order or item without charge. After despatch, the Customer may not cancel, for health and hygiene reasons since the Company is required to check, clean and process the unit upon despatch and upon its return to the Company since the goods may deteriorate in return transit. It is not possible for the Company to retrieve goods from the Royal Mail or any other source once despatched.
8.11 In the event of damage to or loss of the unit by the Customer, the full retail value less the hire charge is payable to the Company by the Customer.
8.12 Babycare TENS units are fully tested immediately prior to despatch. However the liability of the Company shall not exceed the hire charge.
8.13 The Customer should check the contents of the hire pack upon receipt and familiarise herself with the unit and instructions. The Customer must advise the Company of any problems immediately. The Company accepts no responsibility where the Customer fails to do so and renders it impossible for the Company to take corrective action.
9. Force Majeure
9.1 The Company shall not incur any liability to the Customer in the event that there is any delay in the performance of its obligations solely by force majeure, i.e. any cause of delay beyond the Company’s reasonable control including but not limited to civil war, riots, revolution, act(s) of terrorism, labour disputes or strikes, lockouts, sabotage, act of war or piracy, destruction of essential equipment by fire, explosion, storm, flood, earthquake, delay caused by failure of power supplies or transport facilities, act(s) of government or by any other cause not within the reasonable control of the Company.
10.1 The Company may change these terms of sale without notice to the Customer in relation to future sales.
10.2 On ticking the terms and conditions box, the Customer agrees to the above terms and conditions.