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Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
NOTE: Terms and Conditions for Business and Trade Customers will be supplied on request.
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Win Health Ltd of Brockhirst, Oxnam Road, Jedburgh, TD8 6QN that owns and operates www.win-health.com and www.win-health.co.uk
Both these domains serve the Win Health website. Win Health website is a single entity website that can be entered via either of these domains: www.win-health.com and www.win-health.co.uk
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 HipSaver Product Exclusivity – the seller supplies the HipSaver and DermaSaver products only in the United Kingdom. If you need information about HipSavers or DermaSavers availability in other countries - please visit the websites of the US manufacturer HipSaver, Inc. Non-United Kingdom orders for HipSavers placed online will be cancelled and the buyer refunded.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
3.4 Win Health Ltd reserves its right to cancel any order received through Win Health Online Shop and provide immediate full refund.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price shown is exclusive or inclusive VAT as individually stipulated. The Price excludes delivery charges. All payments are shown and taken in UK Pounds Sterling, any other currencies displayed are for guidance only and are not to be taken as an exchange rate. Exchange rate is applied by credit or debit card providers independently and can vary on daily basis.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. When products are purchased by customers from outside UK and EU to be delivered to destinations outside of UK and EU, VAT is automatically removed from the shopping cart at the checkout.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods. Buyers outside the UK and EU or in a tax free zone, will not be charged VAT - VAT is automatically taken off by our system at the check out in our Online Shop or will be discounted manually, if the purchase is made by phone.
4.5 VAT on Incontinence Products: As permitted by legislation the seller does not charge VAT on of incontinence items purchased for personal (i.e. up to 50 re-usable bed pads or chairs pads) use by people or on behalf of people living independently (i.e. not in institutions such as nursing homes). The seller does charge standard rate of VAT on all fluid proof bedding items as required by Inland Revenue regulations. The seller reserves the right to request a “purchase for personal use” declaration or a VAT relief certificate from chronically disabled. Institutional purchases are charged at the standard rate of VAT, even when made on behalf of individuals. Charitable organisations may be entitled to VAT free purchases. People living in the EC countries can seek VAT exemption on some health relevant products upon declaring their disabilities or chronic illnesses and submitting a VAT exemption form. Products to which VAT exemption can be applied are identified on the website and a VAT exemption form can be completed and submitted electronically.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 5 - 7 working days of acceptance of order.
8.2 Goods supplied outside the UK will normally be delivered within 10 - 14 working days of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by phone ++44 (0)1835 864866 within 7 working days of delivery if the Goods are damaged, have components missing or do not comply with any description of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. If missing or damaged components are to become the reason for a replacement or a full refund, the Buyer must return all originally received items in their packaging back to the Seller, unless instructed to do otherwise.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.3 We do not accept returns of Goods that have been used, unless the Goods are faulty or unless the Goods are the subject of a specific 'No Risk Trial Offer' that is advertised and detailed on our website. In all cases of Goods returned under a 'No Risk Trial Offer', the customer must observe the terms and conditions and timelines of such an Offer. 'No Risk Trial Offer' is specific and applies only to Goods named in the Offer.
9.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a full refund by informing the Seller by phone ++44 (0)1835 864866 within 7 working days starting the day after delivery of the Goods. Right to cancel does not apply to bespoke “made to order” items.
9.5 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.6 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage. Educational resources, such as books or posters that are supplied as a complimentary "free" gift with purchases of certain categories of products must also be returned to us. Other gifts that are consumables (i.e. facial wipes, skin electrodes, conductive gel or face cream) need not to be returned if they have been opened or used up. Some free gifts are specified as non returnable and you can keep them after returning the product under the Terms of Risk Free Trial Offer.
9.8 Certain consumables and personal items, such as vaginal or anal probes, cosmetics, treatment creams, denture cleaners, skin electrodes and sensors for STIMS, EMS and TENS units, pelvic floor exercisers, facial massagers, lasers, hair removal devices, etc. are not returnable once the seal on their protective plastic packaging has been broken or opened. This is due to personal nature of such products and for hygiene reasons.
9.9 Products made to special order, such as HipSaver Activs with more than just hip pads and special non standard sizes of bed pads, mattress protectors and waterproof bedding cannot be cancelled or returned.
9.9 You MUST ALWAYS contact us PRIOR to making any return, so that we can give you a reference for your return and specify the best way of returning the items(s) to us.
9.11 60 Days Trial Offer applies to TriPollar Stop and TriPollar Pose purchased on and after May 12th 2009 and applies only to customers based in the UK.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
16 E-MAIL ENQUIRY
We endeavour to respond to received e-mail enquiries within 1 working day, if possible. However, please note that the virus and spam prevention settings on your PC may prevent our e-mail response from reaching you.
17 Contacting Win Health Ltd.
Contacting Win Health Ltd. is simple and you can do this conveniently by using the Contact Us form accessible from all pages of this website.
18 It is OK to Change Your Mind
If you change your mind for any reason, please inform us within 7 working days to get a cancellation reference. You should return the items to us in their original packaging and unused and we'll give you a full refund. You will be responsible for the cost of the return and ensuring that the returned goods are reach us safely and undamaged.
19 Currency Exchange Calculator
For the convenience of our global customers, Currency Exchange Calculator has been installed on all the pages of Win Health website. You will see it on the right hand side of the screen.
Customers from outside the EU do not pay the VAT - our Online Shop is configured to remove the VAT automatically at the Checkout.
Please note that the rate of exchange applied to your card depends entirely on your credit or debit card provider (i.e. your bank or a credit institution).
Visit Win Health Online Shop.
