Terms & Conditions
These terms and conditions
are the contract between you and Invitech Limited (“us”, “we”, etc). By
visiting or using Our Website, you agree to be bound by them.
They are based on a set
written by Net
Lawman and released under licence. They protect your rights as well
as ours.
I / We are Invitech Limited,
a company registered in England & Wales, number 06629960. Our address is 4a/4b
Molesworth Business Estate, Molesworth, Huntingdon, PE28 0QG, United Kingdom.
You are: Anyone who uses Our
Website.
Please read this agreement
carefully and save it. If you do not agree with it, you should leave Our
Website immediately.
The terms and conditions:
1.
Definitions
In this agreement:
“Carrier” |
means any person or business contracted by us to
carry Goods from us to you. |
“Content” |
means any content in any form published on Our
Website by us or any third party with our consent. |
“Goods” |
means any of the goods we offer for sale on Our
Website, or, if the context requires, goods we sell to you. |
“Our Website” |
means any website of ours, and includes all web
pages controlled by us. |
"Post" |
means display, exhibit, publish, distribute,
transmit and/or disclose information, Content and/or other material on to Our
Website, and the phrases "Posted" and "Posting" shall be
interpreted accordingly. |
2.
Interpretation
In this agreement unless the context otherwise
requires:
2.1.
a reference to a person is a reference to one or
more individuals, whether or not formally in partnership, or to a corporation,
government body, or other association or organisation.
2.2.
these terms and conditions apply to all supplies
of Goods by us to any customer. They prevail over any terms proposed by you.
2.3.
any agreement by any party not to do or omit to
do something includes an obligation not to allow some other person to do or
omit to do that same thing;
2.4.
except where stated otherwise, any obligation of
any person arising from this agreement may be performed by any other person;
2.5.
in this agreement references to a party include
references to a person to whom those rights and obligations are transferred or
passed as a result of a merger, division, reconstruction or other
re-organisation involving that party.
2.6.
the headings to the paragraphs and schedules (if
any) to this agreement do not affect the interpretation;
2.7.
a reference to an act or regulation includes new
law of substantially the same intent as that act or regulation.
2.8.
in any indemnity, a reference to costs or
expenses shall be construed as including the estimated cost of management time
of the indemnified party.
2.9.
these terms and conditions apply in any event to
you as a buyer or prospective buyer of our Goods and so far as the context
allows, to you as a visitor to Our Website.
2.10.
this agreement is made only in the English
language. If there is any conflict in meaning between the English language
version of this agreement and any version or translation of this agreement in
any other language, the English language version shall prevail.
3.
Our contract with you
3.1.
This agreement contains the entire agreement
between the parties and supersedes all previous agreements and understandings
between the parties.
3.2.
Each party acknowledges that, in entering into
this agreement, he does not rely on any representation, warranty, information
or document or other term not forming part of this agreement.
3.3.
If you use Our Website in any way and make an
order on behalf of another person you warrant that you have full authority to
do so and you accept personal responsibility for every act or omission by you.
3.4.
We do not guarantee that Goods advertised on Our
Website are available. We may change these terms from time to time. The terms
that apply to you are those posted here on Our Website on the day you order
Goods.
3.5.
The price of Goods may be changed by us at any
time. We will never change a price so as to affect the price charged to you at
the time when you buy those Goods.
3.6.
If in future, you buy Goods from us under any
arrangement which does not involve your payment via Our Website; these terms
still apply so far as they can be applied.
3.7.
We do not sell the Goods in all countries. We
may refuse to deliver the Goods if you live in a country we do not serve.
4.
Acceptance of your order
4.1.
Your order is an offer to buy from us. Nothing that we
do or say will amount to any acceptance of that offer until we actually
dispatch the Goods to you.
AND
4.2.
At any time before the Goods are despatched, we may
decline to supply the Goods to you without giving any reason.
4.3.
If we do not have all of the Goods you order in
stock, we will offer you alternatives. If this happens you may:
4.3.1
accept the alternatives we offer;
4.3.2
cancel all or part of your order.
5.
Price and payment
5.1.
The price payable for the Goods that you order is clearly
set out on Our Website.
5.2.
It is possible that the price may have increased
from that posted on Our Website. If that happens, we will not despatch the
Goods until you have confirmed that you wish to buy at the new price.
5.3.
Prices include value added tax (“VAT”). If you show by
your delivery address that you reside outside the United Kingdom, we will
refund to you the amount charged as VAT.
5.4.
Bank charges by the receiving bank on payments
to us will be borne by us. All other charges relating to payment in a currency
other than pounds Sterling will be borne by you.
5.5.
Any information given by us in relation to
exchange rates are approximate only and may vary from time to time.
5.6.
If, by mistake, we have under-priced Goods, we
will not be liable to supply that those Goods to you at the stated price,
provided that we notify you before we dispatch it to you.
5.7.
The price of the Goods does not include the
delivery charge which will be charged at the rates applicable at the date you
place your order and which will be displayed on a page of Our Website before we
ask you to pay.
5.8.
If we owe you money (for this or any other
reason), we will credit your credit or debit card as soon as reasonably practicable
but in any event no later than 14 days from the date when we accept that
repayment is due.
6.
Security of your credit card
We take care to make Our Website safe for you to
use.
6.1.
Card payments are not processed through pages
controlled by us. We use one or more online payment service providers who will
encrypt your card or bank account details in a secure environment.
6.2.
If you have asked us to remember your credit card
details in readiness for your next purchase or subscription, we will securely
store your payment details on our systems. These details will be fully
encrypted and only used to process your automatic monthly payments or other
transactions which you have initiated.
7.
Cancellation and refunds
This and the following paragraph apply if you buy as
a consumer as defined in the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 (the “Regulations”). Provided the
Regulations apply to the transaction concerned, then the following terms apply
to the contract.
7.1.
We now inform you that information relating to
all aspects of our Goods is not in this document but in our marketing material,
whether that is in the medium of Our Website or in hard copy.
7.2.
The following rules apply to cancellation of
your order:
7.2.1
If you have ordered Goods, but not received
them, you may cancel your order without giving a reason, at any time within 14
days of your order. You will have no obligation and we will return your money.
7.2.2
If you have ordered Goods, and received them,
you may cancel your order at any time within 14 days of the date you received
them. You must tell us that you wish to cancel. You must also send the Goods
back to us within that same 14 day period.
7.2.3
We will return your money subject to the
following conditions:
7.2.3.1
we receive the Goods in a condition in which we
can re-sell them at full price, in new condition, with labels and packaging
intact.
7.2.3.2
you comply with our procedure for returns and
refunds. We cannot return your money unless we know who sent them.
7.3.
The option to cancel your order is not
available:
7.3.1
if you purchase sealed goods which relate to
health or hygiene, and they become unsealed after delivery, or cannot be
re-sold for some other reason;
7.3.2
if they are a hard medium for a product in soft
copy, which comes to you sealed and is returned to us unsealed.
7.3.3
if the Goods are somehow mixed with other goods
so that we cannot identify or easily separate them.
7.4.
You are responsible for the cost of returning
the Goods. We have no obligation to refund to you, your cost of re-packing and
returning the Goods.
7.5.
In any of the above scenarios, we will return
your money within 14 days.
8.
Liability for subsequent defects
8.1.
Please examine the Goods received from us
immediately you receive them. If you do not tell us of any defect or problem
within 30 days of receipt of the Goods, we shall assume that you have accepted
them.
8.2.
The procedure to return the faulty Goods is as
follows:
8.2.1
the Goods must be returned to us as soon as any
defect is discovered but not later than six months from receipt by you.
8.3.
We will return your money subject to the
following conditions:
8.3.1
we receive the Goods with labels and packaging
intact.
8.3.2
you comply with our returns procedure. We cannot
return your money unless we know who sent them.
8.3.3
you tell us clearly what is the fault you
complain of, when it first became apparent, and other information to enable us to
identify or reproduce it.
8.4.
If any defect is found, then we shall:
8.4.1
repair or replace the Goods, or
8.4.2
refund the full cost you have paid including the
cost of returning the Goods.
9.
Delivery and pick up
9.1.
Goods are delivered within 7 days from the day
you place an order to purchase the Goods.
9.2.
Deliveries will be made by the Carrier to the
address stipulated in your order.
We may deliver the Goods in instalments if they
are not all available at the same time for delivery.
9.3.
When your Goods arrive, it is important that you
check immediately the condition and quantity. If your Goods have been damaged
in transit, you must immediately contact us so that we may dispatch a
replacement quickly and minimise your inconvenience.
9.4.
Goods are sent by post.
9.5.
Time for delivery specified on the order, if
any, is an estimate only and time shall not be of the essence.
10.
Foreign taxes and duties
10.1.
If you are not in the UK, we have no knowledge
of, and no responsibility for, the laws in your country.
10.2.
You are responsible for purchasing Goods which
you are lawfully able to import and for the payment of import duties and taxes
of any kind levied in your country.
11.
Goods returned
These provisions apply if you buy from us other than
being a Consumer. The following rules apply to return the faulty Goods:
11.1.
We do not accept returns unless there was a
defect in the Goods at the time of purchase, or we have agreed in
correspondence that you may return them.
11.2.
Before you return the Goods to us, please
carefully re-read the instructions and check that you have assembled it
correctly and complied with any provisions relating to the power supply, plugs
and sockets.
11.3.
The Goods must be returned to us as soon as any
defect is discovered but not later than 14 days.
11.4.
So far as possible, Goods should be returned:
11.4.1
with both Goods and all packaging as far as
possible in their original condition;
11.4.2
securely wrapped;
11.4.3
including our delivery slip;
11.4.4
at your risk and cost.
11.5.
You must tell us by email message to help@oralhivtest.co.uk
that you would like to return Goods, specifying exactly what Goods and when
purchased, and giving full details of the defect or other reason for return. We
will then issue a returns note. If you send Goods to us without a returns note,
we may not be able to identify sufficient details to enable us to attend to
your complaint.
11.6.
In returning faulty Goods please enclose with it
a note clearly stating the fault and when it arises or arose.
11.7.
If we agree that the Goods are faulty, we will:
11.7.1
refund the cost of return carriage;
11.7.2
replace the Goods as we choose.
11.8.
If we replace the Goods, you have no additional
claim against us either under this agreement or by statute or common law, in
respect of the defect.
12.
Disclaimers
12.1.
The law differs from one country to another.
This paragraph applies so far as the applicable law allows.
12.2.
All implied conditions, warranties and terms are
excluded from this agreement. If in any jurisdiction an implied condition,
warrant or term cannot be excluded, then this sub paragraph shall be deemed to
be reduced in effect, only to the extent necessary to release that specific
condition, warranty or term.
12.3.
We make no representation or warranty for:
12.3.1
any implied warranty or condition as to
merchantability or fitness of the Goods for a particular purpose;
12.3.2
the adequacy or appropriateness of the Goods for
your purpose.
12.4.
We claim no expert knowledge in any subject. We
disclaim any obligation or liability to you arising directly or indirectly from
information you take from Our Website.
12.5.
You agree that in any circumstances when we may
become liable to you, the limit of our liability is the amount you have paid us
in the immediately preceding 12 month period for the Goods concerned.
12.6.
We shall not be liable to you for any loss or
expense which is:
12.6.1
indirect or consequential loss; or
12.6.2
economic loss or other loss of turnover,
profits, business or goodwill, even if such loss was reasonably foreseeable or
we knew you might incur it.
12.7.
This paragraph (and any other paragraph which
excludes or restricts our liability) applies to our directors, officers,
employees, subcontractors, agents and affiliated companies (who may enforce
this provision under the Contracts (Rights of Third Parties) Act 1999,
as well as to us.
12.8.
If you become aware of any breach of any term of
this agreement by any person, please tell us by emailing help@oralhivtest.co.uk.
We welcome your input but do not guarantee to agree with your judgement.
13.
Your account with us
13.1.
You agree that you have provided, and will
continue to provide accurate, up to date, and complete information about
yourself. We need this information to provide you with the Goods.
13.2.
If you use Our Website, you are responsible for
maintaining the confidentiality of your account and password and for preventing
any unauthorised person from using your account.
13.3.
You agree to accept responsibility for all
activities that occur under your account or password. You should tell us
immediately if you believe some person has accessed your account without your
authority and also log in to your account and change your password.
14.
Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else
to use Our Website to Post Content which is or may:
14.1.
be malicious or defamatory;
14.2.
consist in commercial audio, video or music
files;
14.3.
be illegal, obscene, offensive, threatening or
violent;
14.4.
be sexually explicit or pornographic;
14.5.
be likely to deceive any person or be used to
impersonate any person, or to misrepresent your identity, age or affiliation
with any person;
14.6.
give the impression that it emanates from us or
that you are connected with us or that we have endorsed you or your business;
14.7.
solicit passwords or personal information from
anyone;
14.8.
be used to sell any goods or services or for any
other commercial use;
14.9.
include anything other than words (i.e. you will
not include any symbols or photographs) except for a photograph of yourself in
your profile in such place as we designate;
14.10.
link to any of the material specified above, in
this paragraph.
14.11.
send age-inappropriate communications or Content
to anyone under the age of 18.
15.
Your Posting: restricted content
In connection with the restrictions set out below,
we may refuse or edit or remove a Posting which does not comply with these
terms.
In addition to the restrictions set out above, a
Posting must not contain:
15.1.
hyperlinks, other than those specifically
authorised by us;
15.2.
keywords or words repeated, which are irrelevant
to the Content Posted.
15.3.
the name, logo or trademark of any organisation
other than yours.
15.4.
inaccurate, false, or misleading information.
16.
How we handle your Content
16.1.
Our privacy policy is strong and precise. It
complies fully with the Data Protection Act 2018 which is at Privacy
Policy (oralhivtest.co.uk).
16.2.
If you Post Content to any public area of Our
Website it becomes available in the public domain. We have no control who sees
it or what anyone does with it.
16.3.
Even if access to your text is behind a user
registration it remains effectively in the public domain because someone has
only to register and log in, to access it. You should therefore avoid Posting
unnecessary confidential information.
16.4.
Posting content of any sort does not change your
ownership of the copyright in it. We have no claim over it and we will not
protect your rights for you.
16.5.
You understand that you are personally
responsible for your breach of someone else’s intellectual property rights,
defamation, or any law, which may occur as a result of any Content having been
Posted by you.
16.6.
You accept all risk and responsibility for
determining whether any Content is in the public domain and not confidential.
16.7.
Please notify us of any security breach or
unauthorised use of your account.
17.
Removal of offensive Content
17.1.
For the avoidance of doubt, this paragraph is
addressed to any person who comes on Our Website for any purpose.
17.2.
We are under no obligation to monitor or record
the activity of any customer for any purpose, nor do we assume any responsibility
to monitor or police Internet-related activities. However, we may do so without
notice to you and without giving you a reason.
17.3.
If you are offended by any Content, the
following procedure applies:
17.3.1
Your claim or complaint must be submitted to us
in the form available on Our Website, or contain the same information as that
requested in our form. It must be sent to us by post or email.
17.3.2
we shall remove the offending Content as soon as
we are reasonably able;
17.3.3
after we receive notice of a claim or complaint,
we shall investigate so far as we alone decide;
17.4.
We may re-instate the Content about which you
have complained or not.
17.5.
In respect of any complaint made by you or any
person on your behalf, whether using our form of complaint or not, you now
irrevocably grant to us a licence to publish the complaint and all ensuing
correspondence and communication, without limit.
17.6.
You now agree that if any complaint is made by
you frivolously or vexatiously you will repay us the cost of our investigation
including legal fees, if any.
18.
Security of Our Website
If you violate Our Website we shall take legal
action against you.
You now agree that you will not, and will not allow
any other person to:
18.1.
modify, copy, or cause damage or unintended
effect to any portion of Our Website, or any software used within it.
18.2.
link to Our Website in any way that would cause
the appearance or presentation of the site to be different from what would be
seen by a user who accessed the site by typing the URL into a standard browser;
18.3.
download any part of Our Website, without our
express written consent;
18.4.
collect or use any product listings,
descriptions, or prices;
18.5.
collect or use any information obtained from or
about Our Website or the Content except as intended by this agreement;
18.6.
aggregate, copy or duplicate in any manner any
of the Content or information available from Our Website, other than as
permitted by this agreement or as is reasonably necessary for your use of Our
Website;
18.7.
share with a third party any login credentials
to Our Website.
18.8.
Despite the above terms, we now grant a licence
to you to:
18.8.1
create a hyperlink to Our Website for the
purpose of promoting an interest common to both of us. You can do this without
specific permission. This licence is conditional upon your not portraying us or
any product or service in a false, misleading, derogatory, or otherwise
offensive manner. You may not use any logo or other proprietary graphic or
trademark of ours as part of the link without our express written consent.
18.8.2
you may copy the text of any page for your
personal use in connection with the purpose of Our Website.
19.
Indemnity
You agree to indemnify us against all costs, claims
and expense arising directly or indirectly from:
19.1.
your failure to comply with the law of any
country;
19.2.
your breach of this agreement;
19.3.
any act, neglect or default by any agent,
employee, licensee or customer of yours;
19.4.
a contractual claim arising from your use of the
Goods;
19.5.
a breach of the intellectual property rights of
any person.
20.
Intellectual Property
20.1.
We will defend the intellectual property rights
in connection with our Goods and Our Website, including copyright in the
Content whether provided by us or by any other content provider (including
copyright in: text, graphics, logos, icons, images, audio clips, digital downloads,
data, and software).
20.2.
Except as set out below, you may not copy,
modify, publish, transmit, transfer or sell, reproduce, create derivative works
from, distribute, perform, display, or in any way exploit any of the Content,
in whole or in part.
20.3.
You may not use our name or logos or trademarks
or any other Content on any website of yours or that of any other person.
20.4.
Subject to the other terms of this agreement,
you may download or copy Content only for your own personal use, provided that
you maintain all copyright and other notices contained in it. You may not store
electronically any significant portion of any Content.
21.
Dispute resolution
The following terms apply in the event of a dispute
between the parties:
21.1.
If you are not happy with our services or have
any complaint then you must tell us by email message to help@oralhivtest.co.uk .
21.2.
If a dispute is not settled as set out above, we
hope you will agree to attempt to resolve it by engaging in good faith with us
in a process of mediation or arbitration.
22.
Miscellaneous matters
22.1.
When we communicate with you we do so by email.
You agree that email communications are contractually binding in the same way
as properly signed and dated paper sent by post.
22.2.
Where we provide goods without specific charge
to you, then it (or they) is deemed to be provided free of charge, and not to
be associated with any other Goods for which a charge is made. Accordingly,
there is neither contractual nor other obligation upon us in respect of those
goods or that service.
22.3.
If any term or provision of this agreement is at
any time held by any jurisdiction to be void, invalid or unenforceable, then it
shall be treated as changed or reduced, only to the extent minimally necessary
to bring it within the laws of that jurisdiction and to prevent it from being
void and it shall be binding in that changed or reduced form. Subject to that,
each provision shall be interpreted as severable and shall not in any way
affect any other of these terms.
22.4.
The rights and obligations of the parties set
out in this agreement shall pass to any permitted successor in title.
22.5.
No failure or delay by any party to exercise any
right, power or remedy will operate as a waiver of it nor indicate any
intention to reduce that or any other right in the future.
22.6.
Any communication to be served on either party
by the other shall be delivered by hand or sent by first class post or recorded
delivery or by e-mail.
It shall be deemed to have been delivered: |
if delivered by
hand: on the day of delivery; |
if sent by post to
the correct address: within 72 hours of posting. |
|
22.7.
This agreement does not give any right to any
third party under the Contracts
(Rights of Third Parties) Act 1999 or otherwise.
22.8.
Neither party shall be liable for any failure or
delay in performance of this agreement which is caused by circumstances beyond
his reasonable control.
22.9.
In the event of any conflict between any term of
this agreement and the provisions of the articles of a limited company or any
comparable document intended to regulate any other corporate or collective
body, then the terms of this agreement shall prevail.
22.10.
The validity, construction and performance of
this agreement shall be governed by the laws of England and Wales and you agree
that any dispute arising from it shall be litigated only in that country.
Notice
of right of cancellation: Right to Cancel and Model Cancellation Form
Information
about your statutory right to cancel
Your right to
cancel
Under the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013, you have the right to
cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after
the contract was made. That means you can cancel before you have downloaded the
product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for
you to send your communication concerning your exercise of the right to cancel
before the cancellation period has expired.
To exercise the right to cancel, you must inform us
of your decision to cancel this contract by a clear statement, sent to us by
post or e-mail.
You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.
Model cancellation
form
To
Invitech Ltd
4a/4b Molesworth Business Estate
Molesworth
Huntingdon
PE28 0QG
Fax: 0845 313 3349
Email: help@oralhivtest.co.uk
I/We hereby give notice that I/we cancel my/our
contract of sale of the following products [enter
details of goods and any reference].
Ordered on [date]/received
on [date],
Name: [enter name or names
in which the order was made],
Address: [enter your
address],
Signature:
Date: [date]