|Consumer Right Act 2015 England Wales summary||163.93 KB|
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Win Health Medical Ltd Terms and Conditions of Sale
BHTA Code of Practice for the Healthcare & Assistive Technology Products and Services Industry
Win Health Medical Ltd is a member of British Healthcare Trades Association BHTA (membership 0004139) and as such, has undertaken to abide by the BHTA Code of Practice. The BHTA Code of Practice is approved by the Trading Standards Institute.
You can obtain copies of the ‘BHTA Code of Practice’,, BHTA Get Wise Buying’ and ‘BHTA Get Wise Complaint’ directly from the BHTA website.
NOTE: As Win Health Medical Ltd are not the manufacturer of the goods offered for sale via this website, the visuals (pictures) displayed may sometimes vary slightly from those supplied. This can happen, if the manufacturer of the goods changes the design or upgrades the device/product without any notice, whilst not providing the up to date visuals. Such scenario is possible, because the manufacturers reserve their right to make modifications and upgrades to their products and devices without prior consultations with their distributors. Please note that we always stock the up to date models of all devices and products that we distribute.
NOTE: Terms and Conditions for Business and Trade Customers will be supplied on request.
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 Medical Ltd trading from Unit 1, Oxnam Road Industrial Estate, Jedburgh, TD8 6LS that owns and operates the website www.win-health.com
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.
2.1 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.
3.1 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 14 days.
3.3 HipSaver and DermaSaver Product Exclusivity – the seller supplies the HipSaver and DermaSaver products only in the United Kingdom. Non-United Kingdom orders for HipSavers and DermaSavers placed online will be cancelled and refunded, less any bank fees or charges, if applicable.
3.4 When making an order through the Website, the technical steps the Buyer needs to complete are all steps of the order process. We use PayPal to collect and process transactions and transaction information.
3.5 Win Health Medical Ltd reserves its right to cancel any order received through Win Health Medical Online Shop and provide immediate full refund.
3.5.1 To help prevent fraud and fraudulent transactions paid by credit cards, we frequently carry out checks via e-mail or by phone to verify that the purchase is legitimate. We do not ask private questions, just confirmation of the data already disclosed during the process of purchase. The customer has the right to refuse to answer our questions. We reserve the right to cancel such transactions. We may also cancel transactions, if customer discloses incorrect e-mail address and invalid phone number.
3.6 To ensure your privacy, all orders are shipped in plain unmarked discreet packaging.
3.7 Please note that orders from customers sending abusive or vulgar e-mail messages or verbally abusing or threatening our staff by phone or in any other way will be cancelled and further orders will not be accepted.
3.8 Point to note: When making purchase from outside the UK for delivery to location outside the UK, please check the relevant country’s Customs Duties & Tax Terms before placing an order, because the buyer/purchaser is always responsible/liable for any import duties, customs fees and/or local taxes in the country of destination that may apply and/or occur. Such charges are payable on delivery and are collected by delivery drivers.
4.0 PRICE, SHIPPING & HANDLING 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 (consisting of Shipping and Handling Charges) 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 the UK to be delivered to destinations outside of UK, 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 (shipping/handling) charges must be made in full before dispatch of the Goods. Buyers based outside the UK or in a tax free zone, will not be charged VAT - VAT is automatically taken off by our shopping cart system at the checkout - before the purchase is completed. For orders placed by phone by customers living outside the UK, VAT is removed from the purchase price at the time of the call.
4.5 Shipping charges include handling charges. For UK purchases, there are 4 shipping options, including a free shipping option for online purchases only over £50.00 excluding VAT and over made online to be delivered to any UK address and a Saturday deliveries for UK Mainland addresses only. For deliveries outside the UK - shipping charges vary. However, shipping/handling charges are always shown in the shopping cart at the checkout stage and PRIOR to customer's completion of the order, giving a choice to proceed or not to proceed with the completion of the purchase. By completing the order process, the customer accepts our terms and conditions, including pricing and shipping/handling charges. In case that there is an overseas Shipping Restriction applicable to the product(s) the customer is trying to purchase, the cart at the Checkout does not allow the purchase to be completed, indicating Shipping Restriction.
4.5.1 UK and European Shipping: Purchased Items to UK and European Destinations are shipped by UPS, Royal Mail and DPD.
4.5.2 SHIPPING TO THE EU
4.5.3 Other International Shipping: Purchased Items to Destinations Outside the EU countries (i.e. USA, Canada, Australia, Far East, Middle East) are shipped by TNT, UPS and Royal Mail.
4.6 VAT Relief
VAT Relief enables people with disabilities and people chronically ill living in the UK to purchase eligible goods without VAT.
To be entitled to VAT Relief a person has to be chronically ill or disabled with the following:
- Long term physical or mental impairment with significant effects on the person’s abilities to carry out daily activities
- Suffer a condition classified by medical professionals to be a chronic illness (i.e. diabetes, incontinence, prolapse, arthritis, COPD, etc.)
- Suffer terminal illness
Please note that frail elderly persons that are otherwise able-bodied, people with temporary incapacitating disability and pregnant women are not entitled to VAT Relief.
Please note that it is possible to purchase VAT Exempt goods on behalf of a disabled person, provided that it is clearly stated for whom such purchase is made and stating the disability or chronic illness of the recipient of VAT Exempt goods.
Please note that not all goods are eligible to be sold as VAT Exempt. The goods eligible for VAT Exemption have to be designed for use by disabled or chronically ill persons to help them cope with daily living activities.
To purchase without VAT, a simple self-declaration of the nature of the disability or chronic illness with the name and address of the disabled or chronically ill person has to be made at the time of purchase in our online shop at the Checkout. There is no need to provide a certificate signed by a doctor or other proof of disability.
For more information on VAT Exemption please visit the HMRC website.
VAT rules apply to the UK customers only. VAT is applied at current UK rate (i.e.20%).
VAT is not charged on purchases shipped to destinations outside the UK. All VAT is removed automatically at the Checkout, when destination for delivery is disclosed and is outside of the EU zone.
VAT applies to purchases made from the EU countries as dictated by the new EU VAT rules applicable from 1st July 2021 onwards. VAT is charged at the rate chargeable in the EU country of destination. There are no VAT exemptions allowed on purchases from the EU.
4.6.1 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. Products to which VAT exemption can be applied are identified on the website and a VAT exemption form can be completed and submitted electronically.
4.7 Shipping charges include handling charges. There are 4 shipping options for online purchases delivered to UK addresses. For deliveries outside the UK - shipping charges vary, depending on country of destination and type of goods purchased. However, shipping charges are always shown in the shopping cart at the checkout stage and PRIOR to customer's completion of the order, giving a choice to proceed or not to proceed with the completion of the purchase. By completing the order process, the customer accepts our terms and conditions, including pricing and shipping/handling charges.
4.8 UK Shipping Schedule
UK Regular Delivery (£5.00 + VAT): UK Regular Delivery Service usually takes around 2 - 3 working days to arrive and may require a signature on receipt. Orders must be received by 2 pm to be processed on the same working day.
UK Next Day by Courier (£7.00 + VAT): UK Next Day by Courier for orders received before 2 pm on working days (Monday to Friday) - expect delivery on next working day (Monday to Friday). Orders must be received by 2 pm to be processed on the same working day.
UK Free Delivery (free) for online only purchases of £50.00 excluding VAT and over made online: When this option is selected for online purchases of £50.00 excluding VAT and over, delivery is free of charge and you can normally expect to receive your order within 3 - 4 working days. Some deliveries (i.e. high value items) require a signature on receipt. Please note that the purchases shipped with Free Delivery cannot be tracked!
UK Saturday Delivery (£15.00 + VAT): Saturday Delivery applies only to customers living within the areas of the UK Mainland Only. Goods for Saturday Delivery - UK Mainland Only can be ordered on any day of the week before 1 pm on Friday. Orders received after 2 pm on Friday and specifying Saturday Delivery, are delivered on Saturday of the following week.
To ensure your privacy, all orders are shipped in unmarked plain packaging.
4.9 Overseas Shipping Schedule
Overseas orders are processed and dispatched immediately or on next working day. You should expect to receive your order in the next 7 to 14 working days.
Point to note: When making purchase from outside the UK for delivery to location outside the UK, please check the relevant country’s Customs Fees and Duties & Tax Terms before placing an order, because the purchaser is always liable for any import duties and/or local taxes that may apply and/or occur.
4.9.1 Customs Fees and Import Duties may be payable upon the entry of the goods into your country. These fees are charged by the officials in the country of destination and they are the customers' responsibility. It is prudent to make enquiries with local custom's office about applicable costs prior to making an overseas purchase.
4.9.2 SHIPPING TO THE EU
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.
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.
8.1 Goods supplied within the UK will normally be delivered within 2 - 10 working days of acceptance of order, depending on the shipping option chosen by the customer at the checkout.
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 The Seller reserves the right to choose the method of delivery.
8.6 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.
8.7 Title and risk in the Goods shall pass to the Buyer, when payment for the Goods is received in full.
8.8 UK Delivery Schedule
UK Regular Delivery (£5.00 + VAT): UK Regular Delivery Service usually takes around 2 - 3 working days to arrive and may require a signature on receipt. Please note that orders must be received by 2 pm to be processed on the same working day.
UK Next Day by Courier (£7.00 + VAT): UK Next Day by Courier for orders received before 2 pm on working days (Monday to Friday) - expect delivery on next working day (Monday to Friday). Please note that orders must be received to be processed on the same working day.
UK Free Delivery Option (free) for online only purchases of £50.00 excluding VAT and over made online: When this option is selected with purchases in value of £50.00 excluding VAT and over made online, Delivery is free of charge and you can normally expect to receive your order within 3 - 4 working days. Some deliveries (i.e. high value items) require a signature on receipt. Please note that purchases shipped with Free Delivery cannot be tracked.
UK Saturday Delivery (£15.00 + VAT): Saturday delivery is arranged - goods can be purchased on any day of the week, but must be received by us prior to 2 pm on a Friday preceding the Saturday of the expected delivery. Orders received after 2 pm on Friday will be delivered on Saturday of the following week. We must receive your order before to 2 pm to be able to process it on time prior to shipping out.
8.9 Overseas Delivery Schedule
Overseas orders are processed and dispatched immediately or on next working day. You should expect to receive your order in the next 7 to 14 working days.
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 14 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, in which case a repair or a replacement, whichever appropriate, will be arranged or unless the Goods are the subject of a specific 'No Risk Trial Offer', which allows for returns of goods within a given period of time 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 refund of cost of Goods by informing the Seller by phone + 44 (0)1835 864866 within 14 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 for this purpose by the Buyer. The Buyer will receive a refund of cost of Goods within 14 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 cancellation number obtained from the Seller on the package. Please use the Returns Form provided on this page and enclose it with your invoice number and the goods you are returning.
9.7 Where returned Goods are found to be damaged or soiled 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, incontinence pessaries (i.e. Contiform), prolapse pessaries, vaginal cones, cosmetics, treatment creams, denture cleaners, skin electrodes and sensors for STIMS, EMS and TENS units, pelvic floor exercisers, ultrasonic devices, ultrasonic dental cleaners, facial massagers, all devices usable directly on different areas of the body in contact with the skin, incontinence pants and other types of personal support garments and incontinence garments, EVB briefs, shorts and leggings, Andropeyronie, etc., are not returnable due to hygiene reasons and to prevent spread of infections. Such products are of personal nature and MUST NOT be returned after being worn or used 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.
9.10 To ensure that you and your goods are easily identifiable, when they reach our warehouse, please print our Returns Form, complete it and enclose with your returned goods.
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.
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.
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 England and the parties hereby submit to the exclusive jurisdiction of the English 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 US
Contacting Win Health Medical Ltd. is simple and you can do this conveniently by using the Contact Us form accessible from all pages of this website.
You can also e-mail us via email@example.com or contact us by phone: 01835 864866 (UK) or + 44 1835 864866 (international). A Freecall UK number enabling free calls from UK land lines is also available for customer convenience: 0808 168 5522.
Our business hours are: Monday to Friday 9 am - 5 pm (UK time).
Please note that our phone lines have answerphone machines (CallMinders) active during out of office hours and when phone is engaged with a call. Please leave a message - speak clearly and repeat your phone number twice. We will return your call as soon as we can.
When calling from outside the UK, please consider time difference!
You may sometimes get us here outside of the formal business hours, but we cannot guarantee that if calling after 5 pm on week days or during weekends, your call will always be answered. Please try again later or call us during business hours. Alternatively. leave a message on our answer phone and we will get back to you as soon as we can. Please be sure to speak clearly and repeat your phone number twice. You can also send us an e-mail using the Contact Us form.
18 CHANGE OF MIND
If you change your mind for any reason, please inform us within 14 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 refund of the cost of Goods. You will be responsible for the cost of the return and ensuring that the returned goods are reach us safely and undamaged.
Returns of any payments made by Customers, whether due to change of mind or rejection of faulty goods are made within 14 days.
21 POINT TO NOTE
Health-related information presented on this website is for general information purposes only and is not intended to be a substitute for medical advice and/or a replacement of a consultation with quailed medical doctor and other medical professionals. The information found on this website should not be used for purpose of diagnosis or treatment of health problems. You must consult your doctor before embarking on self-treatment at home regime or if you suspect that you might have a health problem.
22 VISUALS and SIZES
Please note that visuals presented on the product pages of this website may slightly vary from the actual products supplied/received. This is because the manufacturer's and suppliers may not always update their visual library as they modify and/or upgrade the products.
Sizes of products described on the product pages are only approximate and may slightly vary on actual products received. This may be due to slight discrepancies/inaccuracies between different measuring devices (i.e. tape measures) or due to small variations occuring between different product batches.