1. These Terms
1.1 What These Terms Cover. These are the terms and conditions on which we supply a range of medical devices (“Products”) to you.
1.2 Why You Should Read Them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the 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.
1.3 If You Are a Business Customer This is Our Entire Agreement With You. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. 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 that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information About Us and How to Contact Us
2.1 Who we are. We are Jocada Group Ltd, a company registered in England and Wales. Our company number is 12736987 and our registered office is at C/O 3a, Montagu Row, London, England, W1U 6DZ. Our registered VAT number is 355 7341 86.
2.2 How to contact us. You can contact us (including to make questions and complaints about the Products) by telephoning our customer service team at +44 (0) 20 4539 1099 or by writing to us at firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our Contract With You
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Products. This might be because (i) the Products are out of stock, (ii) of unexpected limits on our resources which we could not reasonably plan for, (iii) we have identified an error in the price or description of the Products or (iv) we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
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 colours, weights and sizes accurately, we cannot guarantee that the colours, weights and sizes accurately reflect the colour, weights and size of the Products. Your Products may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the Products may vary from that shown in images on our website.
4.3 Products should be used in accordance with medical advice. We do not guarantee that the Products are suitable for your health or medical needs. We do not guarantee the accuracy of the results given by the Products. We should not rely on the results given by the Products before you seek medical or health advice. We will not be held liable if you do.
4.4 Your rights to make changes. If you wish to change the Products you have ordered please contact us. We will let you know if the change is possible. If it 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 and ask you to confirm whether you wish to go ahead with the change.
5. Our Rights to Make Changes
5.1 Minor changes to the Products and these terms. We may change the Products and/or these terms to the following purposes. These changes will not affect our contract with you for orders you have placed before these minor changes are implemented.
(a) to reflect changes in relevant laws and regulatory requirements that the MHRA and DHSC may put into effect; and
(b) to implement minor technical adjustments and improvements, for example to address a security or safety threat.
5.2 More significant changes to the Products and these terms. In addition, we may make more significant changes to these terms or the Products. If we do so 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 which have not been dispatched.
6. Providing the Products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you.
6.3 We are not responsible for delays outside our control. If our supply of the Products 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 effects 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 have not been dispatched.
6.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 9.2 will apply.
6.6 When you become responsible for the Products. You become responsible for a Product from the time we deliver the Product to the address you gave us.
6.7 When you own the Products. You own a Product is goods once we have received payment in full.
6.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your email address and the delivery address. If so, this will have been stated on our website. We may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.9 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of the Products to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product as requested by you or notified by us to you (see 5).
6.10 Your rights if we suspend the supply of Products. Unless the problem is urgent or an emergency, we will contact you in advance to tell you we will be suspending supply of the Products. If we have to suspend the Products for longer than two months after the estimate delivery date, 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 a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two months and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
6.11 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 12.4) and you still do not make payment within 10 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 charge you for the Products during the period for which they are suspended.
7. Your Rights To End the Contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to some or all of your money back), see 10 if you are a consumer and 11 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see 7.2;
(c) If you are a consumer and have just changed your mind about the Product, see 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for the following reasons the contract will end immediately and we will refund you in full for any Products which have not been shipped. The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see 5.2);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control;
(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 two months, or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Products bought online you have a legal right to change your mind within 14 days and receive a refund.
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) Products that you unseal and open after delivery, as they have been sealed for health protection or hygiene purposes.
7.5 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day you (or someone you nominate) receive the Products, unless the Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery.
7.6 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 are not a consumer who has a right to change their mind (see 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the Product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not shipped but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of ending the contracts. Unless you are a consumer exercising your right to change your mind, if we are not at fault, you cannot end a contract after the Products have been delivered.
8. How to End the Contract With Us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by:
(a) Phone or email. Call customer services on +44 (0) 20 4539 1099 or email us at email@example.com. Please provide your name, home address, details of the order, your phone number and email address.
8.1 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. You must post them back to us at Jocada Group Ltd, c/o SWIFT E-commerce Ltd, 148 Calstor Road, Laceby, DN37 7JG or allow us to collect them from you. Please call customer services on +44 (0) 20 4539 1099 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Products are faulty; or
(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 a consumer exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
8.5 How we will refund you. If you are entitled to a refund under these terms 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 set out in clause 7.3 and as described below.
8.6 When we may make a deduction from refunds if you are a consumer 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 an unacceptable way. 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 Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If we have not offered to collect the Products, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. Our Rights To End the Contract
9.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 9.1 we will refund any money you have paid in advance for Products we have not dispatched but we may deduct reasonable compensation for the net costs we will incur as a result of you breaking the contract.
9.3 We may withdraw the Products. We may write to you to let you know that we are going to stop providing the Products. We will let you know at least one month in advance and will refund any sums you have paid in advance for Products which will not be provided.
10. Your Rights in Respect of Defective Products if You Are a Consumer
10.1 If you are a consumer we are under a legal duty to supply Products that are in conformity with these terms. 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 such as the Products must be as described, fit for purpose and of satisfactory quality.
During the expected lifespan of the Products, your legal rights entitle you to:
a) Up to 30 days: if the Products are faulty, then you can get an immediate refund.
b) Up to six months: if the Products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if the Products do not last a reasonable length of time you may be entitled to some money back.
Please see also 7.3.
10.2 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0) 20 4539 1099 or email us at email@example.com for a return label or to arrange collection.
11. Your Rights in Respect of Defective Products if You Are a Business
11.1 If you are a business customer, we warrant that on delivery and until their expiry date (warranty period), the Products shall:
(a) be free from material defects in design, material and technology; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
11.2 Subject to 11.3, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a Product does not comply with the warranty set out in 11.1;
(b) we are given a reasonable opportunity of examining such Product; and
(c) you return such Product to us at our cost,
we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product.
11.3 We will not be liable for a Product’s failure to comply with the warranty in 11.1 if:
(a) you make any further use of such Product after giving a notice in accordance with 11.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage or use of the Product or (if there are none) good trade practice;
(c) you alter the Product without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage or negligence.
11.4 Except as provided in this 11, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in 11.1.
11.5 These terms shall apply to any repaired or replacement Products supplied by us under 11.2.
12. Price and Payment
12.1 Where to find the price for the Product. The price of the Product (which does not include VAT) will be the price indicated on the order pages when you placed your order. We will use our best efforts to ensure that the price of the Product advised to you is correct. However please see 12.3 for what happens if we discover an error in the price of the Product 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 Product in full before the change in the rate of VAT takes effect.
12.3 What happens if we have 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 Product’s 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 unmistakable 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 Products provided to you.
12.4 When you must pay and how you must pay. We accept the payment methods set out in our website. You must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
12.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
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.
13. Our Responsibility for Loss or Damage Suffered by You if You Are a Consumer
13.1 We are responsible to you for foreseeable loss and damage caused by us. Subject to clause 4.3, 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.
13.2 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
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of your legal rights in relation to the Products; and
(d) defective Products under the applicable consumer legislation.
13.3 We are not liable for business losses. If you are a consumer, we only supply the Products to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in 14.
14. Our Responsibility for Loss or Damage Suffered by You if You Are a Business
14.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Except to the extent expressly stated in 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3 Subject to 14.1:
(a) 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; and
(b) 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 to the total sums paid by you for Products under such contract.
15. How We May Use Your Personal Information
16. Other Important Terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each 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.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If 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.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. 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.
16.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claims.