Terms and Conditions

 

Our terms

1.              These terms

1.1            What these terms cover. These are the terms and conditions on which we supply 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 products/goods 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 you think that there is a mistake in these terms, please contact us to discuss, prior to placing your order.

2.              Information about us and how to contact us

2.1            Who we are. We are Biowave Limited a company registered in England and Wales. Our company registration number is 12563181 and our registered office is at c/o Langtons, 11th Floor, The Plaza, 100 Old Hall Street, Liverpool, United Kingdom, L3 9QJ.

2.2            How to contact us. You can contact us by telephoning our customer service team at 0345 257 1014 or by writing to us at enquiries@biowavego.co.uk or 65 Bath Road, Stoud, Gloucestershire, GL5 3LA.

2.3            How we may contact you. If we have to contact you we will do so by telephone (if provided) or by writing to you at the email address or postal address you provided to us in your order (in no particular order).

2.4            “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, which will be subject to these terms.

3.2            If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are no longer able to ship or deliver to a specified country, or because we are unable to meet a delivery deadline you have specified. If money has already been taken for the product, we will refund you for the price paid in full as soon as possible.

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 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.

4.2            Product Packaging may vary. The packaging of the product may vary from that shown in images on our website.

5.              Our right to make changes

Minor changes to the products. We may change the product:

(a)          to reflect changes in relevant laws and regulatory requirements; and

(b)         to implement minor technical adjustments and improvements,

if we do so and your product is delayed due to this, we will notify you as soon as possible.

6.             Providing the products

6.1            Delivery costs. The cost of delivery within the United Kingdom will be borne by us, delivery outside of the United Kingdom will also be borne by us, however, should the product incur any custom or similar charges, these will be borne by you in their entirety, and we shall have no liability for any product which is returned to the United Kingdom due to you failing to pay such charges. If we are charged for any such return, we may take such costs, reasonable incurred by us, from any refund due back to you.

6.2            We shall be entitled to use a carrier and method of our choice for delivery of the products.

6.3            When we will provide the products. During or after the order process we will let you know when we will provide the products to you and in any event within 30 days after the day on which we accept your order, unless advised in writing otherwise.  

6.4            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 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 i.e. delay of longer than 60 days, you may contact us to end the contract and receive a refund for any products you have paid for but not received or dispatched.

6.5            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, our courier may leave you a note informing you of how to rearrange delivery or collect the products from a local depot, if these are options available.

6.6            If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect it from a delivery depot, we may 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 clause 9.2 will apply.

6.7            When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or you or a carrier, organised by you, collect it from us or them.

6.8            When you own goods. You own a product which is goods once we have received payment in full.

6.9            Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)          deal with technical problems or make minor technical changes; or

(b)         update the product to reflect changes in relevant laws and regulatory requirements.

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 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 product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;

(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 7.2;

(c)         If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period as provided at clause 7.4, but this may be subject to deductions and you will have to pay the costs to return the goods to us using the method we require, which may include proof of postage and insurance for the cost of the product, if requested; or

(d)         In all other cases (if we are not at fault and there is no right to change your mind), see clause 8

7.2            Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided.

The reasons are:

(a)          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;

(b)         there is a risk that supply of the products may be significantly delayed because of events outside our control, and those products have not already been dispatched, see clause 6.4; or

(c)         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 3 calendar months.

7.3            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. Please see our terms set out at in 7.4 below, which is subject to the restrictions set out therein.

7.4            Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us to our UK customers only, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2):

Right under the Consumer Contracts Regulations 2013

How our goodwill guarantee is more generous

14-day period to change your mind.

60-day period to change your mind.

Consumer to pay costs of return.

Consumer to pay the costs of return.

7.5            When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of products which have been opened and used; products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

7.6            How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If your goods are eligible for our guarantee stated in 7.4 above, you will have 60 days after the day you (or someone you nominate) receive the goods (subject to clause 7.5 above), or if they are not eligible i.e you do not reside in the United Kingdom, and 7.5 applies, you will have 14 days from the day after you receive the goods.

8.              Ending the contract where we are not at fault and there is no right to change your mind.

8.1            Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is paid for and then delivered.

8.2            If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of you ending the contract. How to end the contract with us (including if you have changed your mind):

8.3            Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)          Phone or email. Call customer services on 0345 257 1014 or email us at enquiries@biowavego.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address; or

(b)         By post. Print off the model cancellation form attached in the schedule to these terms and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

8.4            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 either return the goods in person to where you bought them, post them back to us at 65 Bath Road, Stroud, Gloucestershire, GL5 3LA or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0345 257 1014 or email us at enquiries@biowave.co.uk for a return label or to arrange collection.  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.

8.5            When we will pay the costs of return. We will pay the costs of return:

(a)          if the products are faulty or misdescribed;

(b)         if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside of our control or because you have a legal right to do so as a result of something we have done wrong; or

(c)         if you are exercising your right to change your mind, in accordance with clause 7,

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

8.6            What we charge for collection. If you are responsible for the costs of return, we will charge you the direct cost to us of collection.

8.7            How we will refund you.  We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.

8.8            Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop or equivalent. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

8.9            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 and we have not offered to collect them, 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 clause 8.4.

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 7 days of us reminding you that payment 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, delivery address; or

(c)         you do not, within a reasonable time, allow us to deliver the products to you or you do not collect them from us or rearrange a failed delivery attempt by one of our third party couriers.

9.2            You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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.            If there is a problem with the product

10.1         How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0345 257 1014 or write to us  at 65 Bath Road, Stroud, Gloucestershire, GL5 3LA or enquiries@biowavego.co.uk.

10.2         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 product. Nothing in these terms will affect your legal rights.

Summary of your key legal rightsThis 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.If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.c) 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 7.3.

10.3         Your obligation to return rejected products. If you wish to exercise your legal right under this clause 10 to reject products you must either return them in person to where you bought them, 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, if there is no fault with the product. Please call customer services on 0345 257 1014 or email us at 0345 257 1014 for a return label or to arrange collection.

11.            Price and payment

11.1         Where to find the price for the product. The price of the product (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 product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2         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 product, 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.

11.3         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 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 product’s 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.

11.4         When you must pay and how you must pay. All of our payment methods are stated on our payment page on the website.

11.5         You must pay for the products before we dispatch them.

12.            Our responsibility for loss or damage suffered by you

12.1         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 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.

12.2         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 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.

12.3         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 whatsoever, to included, but not limited to, loss of profit, loss of business, business interruption, or loss of business opportunity.

13.            How we may use your personal information

How we may use your personal information.  We will only use your personal information as set out in our privacy policy

14.            Other important terms

14.1         We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2         You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 7.4 to a person who has acquired the product We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

14.3         Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4         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.

14.5         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.

14.6         Which laws apply to this 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.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]:

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.