Please read these terms and conditions carefully
These Terms will apply to any contract between us for the sale of Products and/or Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or Services from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from our Website.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 7. These terms were last updated on 8th October 2015. Every time you wish to order Products and/or Services, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
1.1 The Website is operated by Protelhealth Limited (“Protelhealth”). We are registered in England and Wales under company number 08761079 and have our registered office at Protelhealth Limited, Stockport Business & Innovation Centre, Broadstone Mill, Broadstone Road, Stockport, SK5 7DL. Our VAT number is GB190796566.
2. CONTACTING US
2.1 To cancel a Contract in accordance with your legal right to do so, please contact us by any manner as set out in clause 8.4.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0161 974 7189 or by e-mailing us at firstname.lastname@example.org or by writing to us at Stockport Business & Innovation Centre, Broadstone Mill, Broadstone Road, Stockport, Cheshire, SK5 7DL.
2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
3. PRODUCT AND SERVICES INFORMATION
3.1 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 your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Also the packaging of the Products may vary from that shown on the images on our Website.
3.2 The Products and Services made available on our Website are sourced from third party suppliers. For Products, while we work to ensure that Product information on our Website is correct, in respect of Products actual Product packaging and materials may contain more and different information to that displayed on our Website. All information about the Products and/or Services on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with any Products purchased from this Website before use.
4. USE OF OUR WEBSITE
4.1 Your use of our Website is governed by our Terms and Conditions of Website Use www.telmenow.com/conditions-of-website-use. Please take the time to read these, as they include important terms which apply to you.
4.2 You may only purchase Products and/or Services from our Website if you are at least 18 years old.
5. HOW WE USE YOUR PERSONAL INFORMATION
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
6.2 After you place an order, we will confirm our acceptance to you by sending you an e-mail that confirms receipt of your order for Products and/or Services (as applicable) (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation.
6.3 If we are unable to supply you with a Product and/or Service, for example because a Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products and/or Services, we will refund you the full amount including any delivery costs charged as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
7.2 Every time you order Products and/or Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and/or regulatory requirements or for any other reason.
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and/or Services or just the Products and/or Services you have yet to receive. In such case, where you have ordered Products, if you opt to cancel the Contract, you will have to return (at our cost) any relevant Products you have already received and subject to clause 8.2, we will arrange a full refund of the price you have paid, including any delivery charges.
8. YOUR RIGHT OF RETURN AND REFUND
8.1 As a consumer, you have a legal right to cancel a Contract during the cancellation period set out below in clause 8.3. This means that during the relevant cancellation period if you change your mind or decide for any other reason that: (i) where Products have been ordered, you do not want to receive or keep a Product; and/or (ii) where Services have been ordered, you do not want to receive the Services you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
(a) the supply of any Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery;
(b) the supply of any Products which become mixed inseparably with other items after their delivery;
(c) [the supply of any sealed audio or video recordings or of sealed software once these Products are unsealed by you after delivery
(d) the supply of Products made to your specifications or clearly personalised;
(e) the supply of Products which may deteriorate or expire rapidly; and
(f) any Service if Protelhealth has fully performed it and you agreed when you placed your order that we could start to perform it within the cancellation period, and that you could not cancel it once delivery had started.
8.3 Subject to clause 8.2, your legal right to cancel a Contract starts from the date of the Order Confirmation which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered as set out below:
- Your contract is for the supply of Products.
The end of the cancellation period is 30 days after the day on which you receive the product.
- Your contract is for the supply of Products and Services (where the supply of Services are ancillary/linked to the supply of Products, for example installation).
The end of the cancellation period is 30 days after the day on which you receive the Product.
- Your contract is for the supply of Products and Services (where the supply of Services are separate to the supply of Products, for example monitoring).
For the supply of products, the end of the cancellation period is 30 days after the day on which you receive the Products.
For the supply of Services, the end of the cancellation period is 14 days after the day on which you receive the Order Confirmation (being the date the Contract is entered into).
- Your Contract is for the supply of Services only.
The end of the cancellation period is 14 days after the day on which you receive the Order Confirmation (being the date the Contract is entered into).
8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website available here www.telmenow.com/delivery-and-returns.
You can also e-mail us at email@example.com or contact us by post at Stockport Business & Innovation Centre, Broadstone Mill, Broadstone Road, Stockport, Cheshire, SK5 7DL. If you are emailing us or writing to us please include details of your order to help us to identify it. If you cancel an order by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
8.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products and/or the Services. However, please note we are permitted by law to reduce your refund 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/retail outlet;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). 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;
(c) make any refunds due to you as soon as possible and in any event within 14 days after the date you inform us of your decision to cancel the Contract.
8.6 If you have returned Products to us under this clause 8 because the Products are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges.
8.7 In the case of a defect with the Services, you agree that where it is possible for us to re-perform the Services and/or repair any defect in the Services, this will be your sole remedy and in such case we will use every effort to re-perform the Services and/or repair any defect in the Services as soon as reasonably practicable. You will not have to pay us to re-perform the Services or to repair any defect in the Services. Where it is not possible to re-perform the Services and/or repair any defect in the Services, we will refund the price of the Services to you.
8.8 We will refund you by whichever means payment was made by you for the Products and/or Services.
8.9 If any Products has been delivered to you before you decide to cancel your Contract:
(a) then you must return the Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send the Products back to us at the following address Protelhealth Limited, Stockport Business & Innovation Centre, Broadstone Road, Stockport, Cheshire, SK5 7DL. If we have offered to collect the Product from you as advised in your Order Confirmation, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and
(b) unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post and if we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
8.10 If you cancel an order for Services under clause 8 during the cancellation period after we have already started supplying the Services to you (and you expressly requested us to start supplying the Services to you during the cancellation period), you will still be able to cancel the order but you will be required to pay us any costs reasonably incurred by us in supplying such Services, up to and including the date we receive your cancellation form / you notify us by any other means set out in clause 8.4 that you wish to cancel the Contract. Once the Services have been performed in full (as set out in clause 8.2(f)) you will no longer be able to cancel the order for Services or receive any refund in respect of the same. If you wish to cancel the Services after the cancellation period you must provide us with one month’s notice, or in the event of Services with a minimum contract period until the end of the minimum contract period, during which period the Services will be provided but will be paid for.
8.11 As you are a consumer, we are under a legal duty to supply Products and Services that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products and Services that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. As stated above in these Terms, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 The Products and/or Services will be supplied to you at the address specified by you on your order form.
9.2 We will contact you with an estimated delivery date which will be within 30 days after the date you receive the Order Confirmation (the date on which we email you to confirm our acceptance of your order) or such other number of days which may agreed between us in writing. Occasionally our delivery of Products and/or supply of Services to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
9.3 Delivery of your order shall be completed when we deliver the Products to and/or perform Services at the address you gave us in your order form.
9.4 Where Products are being supplied, the Products will be your responsibility from the time they are delivered to you. However, you own the Products only when we have received payment in full, including all applicable delivery charges.
9.5 Unfortunately, we do not deliver to addresses outside the UK
9.6 Where Services are being supplied:
(a) we will need certain information from you that is necessary for us to provide the Services, for example, in the case of monitoring services we will need contact details of people you would wish us to contact for you. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked for it to be provided. If we suspend the Services under this clause 9.6(a), you do not have to pay for the Services while they are suspended, but you will be required to pay for any work undertaken by us up and including the date the Services are suspended;
(b) you shall be responsible for removing any fixtures and fittings that are necessary to remove in order for us to perform the Services;
(c) you will at all times allow us or our sub-contractors access to such parts of your property as are necessary to perform the Services; and
(d) you will at all times make available to us or our subcontractors, without charge, such supplies of water and electricity as are necessary for the provision of the Services (where applicable).
9.7 Other than for an Event Outside Our Control, if delivery of Products and/or Services is delayed beyond 30 days or beyond such other number of days of the of the delivery date we have otherwise agreed with you, you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products and/or Services;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.8 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
9.9 If you do choose to cancel your order for late delivery under clause 9.7 or clause 9.8, you can do so for just some of the Products and/or Services or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order for late delivery we will refund any sums you have paid to us for the cancelled Products and/or Services and subject to clause 8.5(b), in the case of Products, such Products delivery charges.
10. OUR RIGHT TO CANCEL
10.1 Where Services are being supplied, we reserve the right to cancel the Contract where the Services cannot be performed for safety or technical reasons. In such case, we will give you notice in writing that the Contract is cancelled and will refund or re-credit you (by whichever means payment was made by you for the Services) within 30 days of the date of cancellation for any sum that has been paid by you for the Services.
10.2 Where Products are being supplied, we reserve the right to cancel the Contract as set out in clause 6.3.
11. PRICE AND DELIVERY CHARGES
11.1 The prices of the Products and/or Services will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Products and/or Services are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Products and/or Services you ordered.
11.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order you have already placed. We reserve the right to review our prices for ongoing services such as monitoring on each anniversary of the Commencement Date, however we will provide you with one month’s notice of prices changes to provide the opportunity for you to cancel the agreement if you so wish.
11.3 The price of Products and/or Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products and/or Services in full before the change in VAT takes effect.
11.4 The price of a Product will usually include delivery charges. Our delivery charges, if any, are as advised to you during the check-out process or by confirmation in the case of special request orders, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page www.telmenow.com/delivery-and-returns .
11.5 Some of our services may have a Fair Usage policy associated with them, and where this is the case it will be stated in the product description. Please note that in this case usage in excess of the Fair Usage may result in suspension or termination of the service, or a request for a higher level of subscription to cover the excess usage.
11.6 Our Website contains a large number of Products and/or Services. It is always possible that, despite our reasonable efforts, some of the Products and/or Services on our Website may be incorrectly priced. If we discover an error in the price of the Products and/or Services you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Products and/or Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products and/or Services to you at the incorrect (lower) price.
12. HOW TO PAY
12.1 You can only pay for Products and/or Services using a debit card or credit card, or by direct debit in the case of certain subscription services.
12.2 Payment for the Products and/or Services and all applicable delivery charges is in advance.
12.3 We take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for any unauthorised access to information supplied by you via the Website.
13. MANUFACTURER GUARANTEES
13.1 All of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
13.2 As a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. As set out in clause 8.1, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
14. OUR LIABILITY
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
14.2 We have no liability to you whatsoever for any loss and/or damage (including for loss of profit, loss of business, business interruption, and/or loss of business opportunity) arising out of or in connection with the use of the Products and/or Services including for loss of profit, loss of business, business interruption, and/or loss of business opportunity.
14.3 For healthcare Products, in the event of any safety concerns or for any other information about a Product, please carefully read the information provided with the Product or contact us. Content on this Website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about Products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Protelhealth accepts no liability for inaccuracies or misstatements about Products by manufacturers or other third parties. This does not affect your statutory rights.
14.4 If we are liable for any breach of the Contract or for any tortuous, statutory or other claim, our liability for any and all such claims shall not exceed the amount actually received by us from you in respect of your order of Products and/or Services under the Contract at the time of such liability arising.
14.5 We do not exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; and/or
(f) any other liability that cannot be excluded or limited by English law.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products and/or Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please complete and send us a cancellation form (as set out in clause 8.3) or contact us by any means set out in clause 8.4. If you opt to cancel the Contract for an Event Outside Our Control, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16.1 In these Terms:
(a) “in writing”, includes e-mail;
(b) “we/our/us” means Protelhealth Limited;
(c) the use of the singular includes the plural and vice versa;
(d) “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) references to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended extended or re-enacted and to any subordinate legislation made from time to time under that provision.
16.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this Website if this happens.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 The Contract, including these Terms are governed by English law. This means that the purchase of Products and/or Services from our Website and any dispute or claim arising out of or in connection with such purchase will be governed by English law and you agree that the courts of England and Wales will have exclusive jurisdiction.