TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BUYING AND USING OUR PRODUCTS.
PLEASE PAY PARTICULAR ATTENTION TO CLAUSE 13.3 (USING OUR PRODUCTS AT YOUR OWN RISK) AND CLAUSE 8.4 (YOUR RIGHT TO CANCEL).
1. 1. WHO WE ARE AND HOW TO CONTACT US
1. 1.1 We are The Occlusion Cuff Limited (trading as The Occlusion Cuff), a company registered in England and Wales. Our company registration number is 10391001 and our registered office is at 125 Billesley Lane, Moseley, Birmingham, United Kingdom, B13 9RN (“we”, “us” or “our”).
2. 1.2 We create and sell strength training devices through our website, which is accessible from the URL https://www.occlusioncuff.com (“website”), ( “product” or “products”).
3. 1.3 These terms and conditions of sale, (and the additional terms detailed in clause 2) form the basis upon which you, the person buying our products and using our website, enter into a contract with us (“you” or your”).
4. 1.4 If you have any questions about our products, please email email@example.com
5. 2. THERE ARE OTHER IMPORTANT TERMS THAT APPLY TO YOU
1. 2.1 There are other terms that apply to you, which you should read carefully, namely:
a. (c) our cookies policy (see https://jetpack.com/support/cookies/); and
a. (d) instructions for using the products (see https://occlusioncuff.com/instructions/).
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. When you order a product, our acceptance of your order will take place when we email you to accept it and provide you with an order number, at which point a contract will come into existence between you and us (the “Contract”).
3.2 We will not charge you for the products if we cannot accept your order. This might be because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the products or because we are unable to meet a delivery deadline you have specified.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colour, size and shape accurately, we cannot guarantee that the colour, size and shape of the products accurately reflect their true nature. Your products may vary slightly from those images.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the Contract, please contact us. If the change is possible, we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change. We will also ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may make changes to or suspend the supply of the products to reflect changes in relevant laws and regulatory requirements and to make adjustments/improvements. For example, to address a health and safety concern, or to make a change to the products which you have requested. Unless we inform you otherwise, these changes will not affect your use of the products.
6.2 More significant changes to the products and these terms. If we make a significant change to the products which may affect your use of them, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend the products for longer than thirty (30) days, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than thirty (30) days and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.
6.4 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within thirty (30) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
7. PROVIDING THE PRODUCTS
7.1 Delivery and delivery costs. An estimated delivery date and the costs of delivery will be as displayed to you on our website or communicated to you during the order process.
7.2 Delivering our products to you. The products will be delivered to you as soon as reasonably possible and in any event [within 30 days after the day on which we accept your order].
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this 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.
7.4 Your legal rights if you receive the products late. If we miss the delivery deadline for the products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods; or
(b) it was agreed between you and us that delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
7.5 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.4, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay the costs of postage or collection.
7.6 When you become responsible for the goods. You will be responsible for the products from the time we deliver the products to the address you gave us.
7.7 When you own goods. You own the products once we have received payment in full.
8. YOUR RIGHTS TO END THE CONTRACT (NOTE IN PARTICULAR CLAUSE 8.4)
8.1 You can always end your Contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products repaired, see clause 11);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the products, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this is subject to clause 8.4;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a. (a) we have told you about an upcoming change to the products or these terms which you do not agree to (see clause 6);
a. (b) we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
a. (c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
a. (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than thirty (30) days; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.5).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When your right to change your mind is lost. You accept that your right to change your mind about the products within 14 days and receive a refund from us is lost if you unseal any of the products delivered to you (our products are sealed for health protection and hygiene purposes).
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.4), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for the products is completed when the products is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will not end until one (1) calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the products until 3 March. We will only charge you for supplying the products up to 3 March and will refund any sums you have paid in advance for the supply of the products after 3 March.
9. HOW TO END THE CONTRACT WITH US (BE MINDFUL OF CLAUSE 8.4)
9.1 Tell us you want to end the Contract. To end the Contract, please let us know by emailing firstname.lastname@example.org. If you have a legal right to change your mind within 14 days of receiving the product (see clause 8.3), you can access a cancellation on (found on our website) which you can fill in and email back to us.
9.2 Returning products after ending the Contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us, by post, to Meteor Space Ltd, 7 Corchoney Rd, Cookstown, Co. Tyrone, BT80 9HU. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the Contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described;
(b) if you are ending the Contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances, (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a products within 3-5 days at one cost but you choose to have the products delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within fourteen (14) days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the Contract if you break it. We may end the Contract at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within thirty (30) days of us reminding you that payment is due.
10.2 You must compensate us if you break the Contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
10.3 We may withdraw the products. We may write and/or email you to let you know that we are going to stop providing the products. We will let you know at least thirty (30) days in advance of our stopping the supply of the products and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCTS
11.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can write to us at email@example.com.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your products your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3 and 8.4.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection.
12. PRICE AND PAYMENT
12.1 Where to find the price for the products. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However, please see clause 12.3 for more information on what happens if we discover an error in the price of the products you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with [credit card, debit card and PayPal transfer, including Visa, MasterCard, Maestro and American Express]. You must pay for the products (and the payment must have cleared) before we dispatch the products. We will not charge your credit or debit card until we dispatch the products to you.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclay’s Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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 the 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.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Subject to clause 13.3 below, 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 products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.3 Use the products solely at your own risk. Like any exercise equipment, there is always a risk of personal injury if the products are not used correctly. We do not accept responsibility for injuries to you caused by using the products without due care and attention, and as a result of any omission, error or oversight from you. It is essential that you refer to our instructions for using the products page, accessible at: https://occlusioncuff.com/instructions/. In particular, we would not recommend using any of our products if you are pregnant or under the age of 18, and/or you suffer/have suffered from heart related problems, hypertension, strokes, blood coagulation problems and any other illness or condition which may negatively impact your health. We would always recommend consultation with your doctor or physician before using the products.
13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. OTHER TERMS
14.2 Which laws apply to the Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.”
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