Terms and Conditions of Sale
Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.contrelle.com (“Our Site”).
These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 15 June 2021.
You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
1.1We are Viveca Biomed Limited (we/our/us) a company registered in England with the company number 10707038. Our registered business address is at Unit 1&2, Wansbeck Network Centre, Wansbeck Business Park, Rotary Parkway, Ashington, NE63 8QU.
1.2These Terms and Conditions of Sale set out the legal terms that apply when you place orders for Product through our website or by telephone with our sales team. You must read these Terms and Conditions carefully and agree to accept the Terms and Conditions before we will accept an order from you. If you do not accept these terms and conditions, you may not be able to purchase Products through these Platforms.
1.3These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If there is something within these terms which you don’t understand, please contact us for further information.
2.1Product or Products – Items offered for sale through our Sales Platforms.
2.2Sales Platform – The medium controlled under these terms through which we offer Products for sale (Website and Direct Telephone Sales)
2.3We/Us/Our – means Viveca Biomed Ltd
2.4Contract – means a contract for the purchase and sale of Goods
2.5Goods – means the goods sold by Us through Our Site
3.1You can place orders with Viveca Biomed online or by phone.
3.2Online order requests may be placed by you through our Sales Platforms. We will review your request and indicate to you our acceptance by order confirmation which we will send to the email address you have provided to us. On acceptance of your order a contract will come into existence between us. We request that you review the confirmation to ensure that the Products that you have ordered are correct. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
3.3By placing a telephone order you are making an offer to purchase products which, if accepted by us, will result in a binding contract. Payment will be refunded to you if your order is later refused or rejected.
3.4If we are unable to accept your online order, we will inform you in writing and you will not be charged for the Product. We may reject an order request for several reasons including but not limited to Product availability, errors in pricing and or Product description, inability to meet your required delivery schedule.
3.5We will assign an order number to your order request and quote this as a reference in any communication that we may have regarding the order. We request that you also quote this reference when contacting us in relation to the order.
3.7The Products sold through the Sales Platforms are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
3.8The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
Changes made by you:
4.1 If you wish to make changes to your order prior to shipment contact us by phone on 0330 229 2160 or email@example.com and we will advise you if the changes are possible and if whether they will result in changes to the price and / or delivery schedule.
4.2We will require you to confirm that you accept all changes that may result. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract at no cost to yourself.
Changes made by us:
4.3Minor changes to the Product may be made:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements, for example to improve the functionality of our Products. These changes may affect your use of the Product, which we will endeavour to tell you about in advance.
4.4Should we make significant changes to the Product or these terms we will contact you before these changes take effect. You may then choose to end any existing contract for Product that is impacted by the change and receive a full refund for Product that has not been received.
5.1Contrelle Activgard is registered in the EU under the Medical Devices Directive as Class IIa Product. As such, we are under an obligation to maintain procedures for identifying and tracing each unit, lot or batch of Contrelle Activgard and, where appropriate, components of the Product.
5.2We are also under an obligation to establish and maintain procedures to control units of Contrelle Activgard that do not conform to specified requirements and may recall non-conforming units at any time where required by law or at our own discretion.
5.3Should we identify non-conforming materials that are deemed necessary to recall we will contact you and request the affected Products be returned to us at the earliest opportunity. All costs related to the return of non-conforming Products will be borne by us.
5.4We will refund, or at your request, replace non-conforming Products. All costs including original shipment costs will be refunded. Where replacement is requested costs of any additional transportation for the return of non-conforming Product and its resupply will be borne by us.
6.1We will always attempt to dispatch orders received within 3 working days. However, this is not guaranteed, and we may offer to deliver Products up to 14 days from the date of order acceptance. During Public Holidays please allow an extra 2 working days for delivery.
6.2An estimated delivery date will be provided to you when we confirm acceptance of your order.
6.3If supply is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
6.4If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or a signature is required, our delivery partner will follow the standard procedure it applies if a Product cannot be delivered. This will normally include leaving notification of the failed delivery with instructions of what will happen next.
6.5If, despite our (or our delivery partners) reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the contract and return the Products.
6.6If you do not provide this information to us at the time of placing an order, or within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying Products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.7We may delay supplying a Product to you if:
a) you fail to make payment to us for the Product;
b) if we suspect any order or transaction to be fraudulent or suspicious;
c) we choose to deal with technical problems or make minor technical changes to the Products; and
c) we choose to update the Product to reflect changes in relevant laws and regulatory requirements.
Should we delay supply and the amended delivery date does not meet your requirements you have the right to end the contract. If you choose to terminate the contract, we will refund any sums paid in advance for the Product.
6.8We may offer different delivery methods that incur a variety of delivery charges. You will be able to select which service that you require depending on your required schedule and need for security. On high value orders the services available will only include those that provide evidence of delivery. Delivery charges for each type of service will be clearly displayed on our website when they are offered to you or may be obtained by calling our customer services on 0330 2292160.
6.9Delivery costs may vary depending on the service selected, the destination, and size and value of the order. Higher value orders may have delivery charges waved at our discretion. It will always be clear on the order documentation the charges that have been made for delivery.
6.10You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
Product Which is Faulty, Damaged or Not as Described:
7.1In the event a Product is found to be faulty or not as described (including Product that is damaged on receipt), you may return it to us, Viveca Biomed will pay for the return postage. Please contact us on 0330 2292160 to report this and obtain a returns reference, returns form and shipment labelling.
7.2Viveca Biomed will investigate returns that are faulty or not as described. You will be kept informed of the progress of any investigation and may be contacted if additional information is required.
7.3Where Viveca Biomed find the Product to be faulty or not as described a full refund will be provided including any delivery charges that were added to your order. Your statutory rights, will not be affected provided the Product in question is returned to us.
7.5This Part 7 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
7.6The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
a)Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
b)If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement. We will cover any postage costs or a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
7.7Please note that you will not be eligible to claim under this Part 7 if:
a)You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
b)You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or
c)You have changed your mind (please refer to Part 8).
7.8If you exercise your legal right to reject the Goods, you must return them to Us.
7.9To return Goods to Us for any reason under this Part 7, please see 7.1.
Should we do Something or Tell you we Intend to do Something, in Breach of Contract
8.1You may be entitled to end the contract immediately, and we may have to refund you in full for any Products which have not been provided if we have done or are going to do any of the following:
a)we have told you about an upcoming significant change to the Product or these terms which you do not agree to;
b)we have told you about an error in the price of the Product you have ordered, and you do not wish to proceed;
c)there is a risk that supply of the Product may be significantly delayed because of events outside our control;
d)we have suspended or delayed supply of the Product for technical reasons, or notify you we are going to suspend supply for technical reasons, in each case for a period of more than 30 days; or
e)you have a legal right to end the contract because we breached the contract relating to the supply of Products to you.
Should You Change Your Mind
8.2Under the Consumer Contract Regulations 2013, for the majority of Products purchased on line you have the legal right to change your mind within 14 days of receiving the Product. If during this period you change your mind and decide that Contrelle is not right for you we will accept returns of unopened / undamaged Products and provide a full refund of the cost of the Product.
8.3Please contact our customer services by phone on 0330 2292160 or email firstname.lastname@example.org to obtain a returns reference. A Returns Form quoting this reference must accompany the returned goods to enable us to facilitate a refund. Returns must be sent within 14 days of you notifying us of your wish to change your mind, you will be responsible for the cost of the return postage.
8.4Please note that this right to cancel may not apply in the following circumstances:
a)If the Goods received have been unsealed after receiving them, which causes health and hygiene issues.
How We Will Refund You
8.5Where a refund is applicable, we will refund the price paid for the Product and in the case of faulty goods the costs of any shipping charges that were incurred. Refunds will be provided within 14 days of receipt of the Product or completion of our investigation and will be by the method of payment you used to purchase the Product.
8.3Where you are exercising your right to change your mind refunds will not be possible where the packaging or the tamper evident labelling has been damaged. It will be your responsibility to ensure returned Products are effectively packed to prevent damage during return postage.
9.1We may end the contract at any time if:
a)you fail to make any payment to us when it is due;
b)you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your delivery address; or
c)you do not, within a reasonable time, allow our delivery partner to deliver the Products to you.
10.1The price of the Product will be the prices displayed on our website at the time you place your order request. The price charged will be clearly stated on your Order Confirmation and Invoice. We may change prices from time to time. Changes in price will not affect any end user consumer order that you have already placed.
10.2All prices on our website for the product exclude VAT (VAT is chargeable on delivery costs) and are based on purchasing the product for personal use, HMRC classify the supply of the Contrelle Activgard to eligible customers at the zero-rate VAT because of the specific design features meaning that it can only be purchased by females suffering from incontinence, and do not require the completion of eligibility declarations.
10.3If you are purchasing product for business use or resale please contact our customer services team as VAT will be chargeable at normal rates.
10.4If the rate of VAT changes between your order date and the date we supply the Product we will adjust the VAT that you pay, unless you have paid for the Product in advance of the change to the VAT rate.
10.5Normally you will be required to make payment for the Product before it is provided to you, unless otherwise agreed between you and Viveca Biomed. You will be required to submit payment details through our Sales Platforms. For clarity, if you elect to pay through an instalment plan (which may have additional terms and conditions attached to it) you shall not be the legal owner of the Product until payment has been made in full by you.
10.6Delivery charges are not included in the price of Goods shown on our website. Delivery charges and options will be shown at the time of purchase and are subject to change and amendment.
10.7If we mistakenly accept and process an order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, we have the right to end the contract, refund any sums paid, and require you to return the affected goods to us.
10.8You represent and warrant that:
a)you have the legal right to use any credit cards or other payment methods used to purchase the Product.
b)that the information that you supply is true, correct and complete.
YOUR ATTENTION IS PARTICULARILY DRAWN TO THIS CLAUSE
11.1OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
a)We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
b)We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
c)We are not liable for business losses. If you are a consumer we only supply the Products for to you for domestic and private use. If you use the Products for any commercial or business or re-sale purpose our liability to you will be limited as set out below.
11.2OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
a)Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable), or fraud or fraudulent misrepresentation, or any liability where it would be unlawful to do so.
b)Subject to clause 10.2(a) above, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
c)Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited the fees paid by you for the Product under such Contract
12.1Please note that we only deliver orders placed via our platforms in the United Kingdom
13.2You may only transfer your rights or your obligations under these terms to another person or entity if we agree to this in writing.
13.3This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6These Terms and Conditions constitute the entire agreement between us in relation to your orders for the Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
13.7The Terms and Conditions of Sale and contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms of Sale and the Contract to the exclusive jurisdiction of the English courts. If you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in the Scottish, Northern Irish or the English courts.