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Terms & Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
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 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.
2. Information about us and how to contact us
2.1 Who we are. We are Health & Her LTD a company registered in England and Wales. Our company registration number is 10781348 and our registered office is at Brunel House, 2 Fitzalan Road, Cardiff, Wales, CF24 0EB.
2.2 How to contact us. You can contact us by writing to us at PO Box 1137, Cardiff, CF11 1WQ or [email protected]
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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. NOT MEDICAL ADVICE – PLEASE PAY ATTENTION TO THE CONTENT OF THIS CLAUSE
3.1 THE SERVICES PROVIDED ON OUR WEBSITE INCLUDING THE SYMPTOM TOOL AND ACCESS TO EXPERT ADVICE, ARTICLES, AND RESOURCES, ARE NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN GENERAL PRACTITIONER, PHYSICIANS OR OTHER HEALTH CARE PROVIDERS, AND MAY NOT TAKE YOUR COMPLETE INDIVIDUAL HEALTH SITUATION INTO ACCOUNT.
3.2 YOU SHALL NOT USE THE SERVICES OR THE WEBSITE IN ISOLATION TO DIAGNOSE A HEALTH PROBLEM OR DISEASE, OR AS A MEANS OF DETERMINING TREATMENT.
3.3 YOU ACKNOWLEDGE THAT THE ONLY HEALTH ADVICE YOU WILL BE RECEIVING WILL BE FROM YOUR GENERAL PRACTITIONER, PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND NOT FROM US.
3.4 INFORMATION PROVIDED ON OUR WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. IT IS AS A GUIDE TO FUTURE TREATMENT, AND YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON THE CONTENT OF THE WEBSITE, WITHOUT FIRST SEEKING MEDICAL ADVICE.
3.5 WE DO NOT PROVIDE EMERGENCY MEDICAL OR HEALTH SERVICES OR TREATMENT. IN THE EVENT OF ANY ILLNESS YOU ARE REQUIRED TO CONTACT YOUR GENERAL PRACTITIONER, PHYSICIAN OR YOUR NEAREST HOSPITAL, OR CONTACT THE EMERGENCY SERVICES, AS SOON AS POSSIBLE.
3.6 YOU MUST ONLY USE PRODUCTS PURCHASED FROM THE WEBSITE IN ACCORDANCE WITH THE GUIDANCE OR INSTRUCTIONS PROVIDED ON THE PACKAGING. IF YOU ARE UNSURE ABOUT USING ANY PRODUCT, PLEASE CONSULT WITH YOUR GENERAL PRACTITIONER, PHYSICIAN OR OTHER HEALTH CARE PROVIDER.
4. Our contract with you
4.1 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.
4.2 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 product. 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 or because we are unable to meet a delivery deadline you have specified.
4.3 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.
4.4 We only sell to selected countries. Our website is solely for the promotion of our products in the UK, US, China, India, European Union member states, Norway, New Zealand, Australia and Canada. Unfortunately, we do not deliver to addresses outside these regions .
5. Our products
5.1 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 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.
5.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
6. Your rights to make changes
If you wish to make a change to the product 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 product, 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. 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 9- Your rights to end the contract). If you need to make any changes to your subscription then you can log into your Health & Her account to skip deliveries and update your details at any time. With all subscription orders, as they ship automatically every 30 days we require notice to cancel. You can edit or cancel orders right up to 3 days before your estimated delivery date. Once a subscription has been triggered it passes for immediate dispatch. If your order has already been dispatched, then we will be unable to cancel the delivery or issue a refund.
7. Our rights to make changes
7.1 Minor changes to the products. We may change the product:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements.
7.2 More significant changes to the products and these terms. In addition, we may make more significant changes to the product, but 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 not received.
7.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
8. Providing the products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
8.2 When we will provide the products. During the order process we will give you an estimated window of when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when you can expect your delivery. We will send an order renewal reminder each month before your order is due, with an option to skip your next order.
8.3 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 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.
8.4 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
8.4.1 we have refused to deliver the goods;
8.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.5 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 7.4, 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.
8.6 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.4 or clause 7.5, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. 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.
8.7 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.
8.8 When you own goods. You own a product which is goods once we have received payment in full.
8.9 What will happen if you do not give required information to us. We may need certain information from you so that we can provide the services to you. If you do not give us the information required within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to perform the services correctly. We will not be responsible for not supplying any part of the services if this is caused by you not giving us the information we need.
8.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
8.10.1 deal with technical problems or make minor technical changes;
8.10.2 update the product to reflect changes in relevant laws and regulatory requirements;
8.10.3 make changes to the product as requested by you or notified by us to you (see clause 7).
8.11 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 product, unless the problem is urgent or an emergency. 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 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.12 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 13.5) and you still do not make payment within 14 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 amount (see clause 1.1). 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 13.6).
8.13 Manufacturer’s warranty. We shall assign to you the benefit of any applicable manufacturer’s warranty covering the goods that you have purchased, in the event that the goods are found to be defective during any applicable warranty period.
9. Your rights to end the contract
9.1 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:
9.1.1 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 12;
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 If you have just changed your mind about the product, see clause 9.3. 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;
9.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.7.
9.2 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:
9.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);
9.2.2 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;
9.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
9.2.4 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 30 days; or
9.2.5 you have a legal right to end the contract because of something we have done wrong.
9.3 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 our returns policy.
9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
9.4.1 digital products after you have started to download or stream these;
9.4.2 services, once these have been completed;
9.4.3 products sealed for health protection or hygiene purposes, once you receive them;
9.4.4 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
9.4.5 any products which become mixed inseparably with other items after their delivery.
9.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
9.5.1 Have you bought goods?, if so you have 14 days after the day you receive the goods, unless:
184.108.40.206 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
220.127.116.11 Your goods are for regular delivery over a set period . In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9.6 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 do not have a right to change your mind (see clause 9.1), 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 delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. 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 end immediately and we will refund any sums paid by you for products not provided 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 your ending the contract.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2 Online. By submitting your details via our website. Or, if you would like to cancel a subscription, you can do this by logging into your account, selecting ‘Subscriptions’, choosing the subscription you would like to cancel and then clicking the ‘Cancel Subscription’ option.
10.1.3 By post. Or simply write to us at PO Box 1137, Cardiff, CF11 1WQ, including details of what you bought, when you ordered or received it and your name and address.
10.2 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. You must post them back to us at Health & Her, Unit 10a Parc Caer Seion, Conwy LL32 8FA. 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.
10.3 When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the products are faulty or misdescribed; or
10.3.2 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 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.
10.4 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.
10.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
10.5.1 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. 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.
10.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
10.5.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.6 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:
10.6.1 If the products are goods 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 our return policy.
10.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
11. Our rights to end the contract
11.1 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:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or
11.1.2 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.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 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.
12. If there is a problem with the product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]
12.2 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 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.
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 9.3
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us.
13. Price and payment
13.1 Access to online services and digital content is made available free of charge. You can use our Symptom Tool, and access expert advice, articles, and resources on our website free of charge.
13.2 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.
13.3 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.
13.4 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.
13.5 When you must pay and how you must pay. We accept via the third party payment provider Stripe, or any other payment service nominated by us from time to time. You must pay for goods before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you
13.6 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 the Bank of England’s base rate 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.
14. Our responsibility for loss or damage suffered by you
14.1 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, and for defective products under the Consumer Protection Act 1987
14.2 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.3 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 of profit, loss of business, business interruption, or loss of business opportunity.
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.
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. This contract is between you and us. No other person shall have any rights to enforce any of its 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of England and Wales and you can only bring legal proceedings in respect of the products in the English and Welsh courts.