Terms and Conditions
TERMS OF SERVICE
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OVERVIEW
This website is operated by Health Essentials Direct. Throughout the site, the terms “we”, “us” and “our” refer to Health Essentials Direct. Health Essentials Direct offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Health Essentials Direct, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Health Essentials Direct and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom,
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@healthessentialsdirect.co.uk
DISCLAIMER
The information and any claims on or through this site is taken from different sources and should not be treated as any medical or dietary advice from us or meant to diagnose, treat, cure or prevent disease or illness. The information provided is for informational purposes only. Always consult a healthcare practitioner before taking any supplements.
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Hyperbaric Oxygen Chamber sales terms and conditions
Standard Terms and Conditions for Customers
1. General
1.1. These Terms and Conditions shall apply to all contracts for the sale of goods by us (as the seller) to you (as the buyer) and shall prevail over any other documentation or communication between us.
1.2. Please read this document carefully before submitting an order to us, as they contain important information relating to our contract with you, our products, our prices, delivery, cancellations, returns and our liability to you if something goes wrong. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.
1.3. All orders shall be deemed to be an offer to purchase goods pursuant to these Terms and Conditions and are subject to acceptance us. Acceptance of a sales order confirmation or pro forma invoice for goods shall be deemed conclusive evidence of your acceptance of these Terms and Conditions.
1.4. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
2. Our contract with you
2.1. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us. We may choose not to accept an order for any reason.
2.2. If we are unable to accept your order, we will inform you of this 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.
2.3. 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.
2.4. If you wish to make a change to a 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 further below).
3. Product information
3.1. Any description given or applied to our products is given by way of identification only and the use of such description shall not constitute a sale by description. By purchasing goods from us, you affirm that you do not in any way rely on any description when entering into the contract.
3.2. We reserve the right to alter prices or withdraw and modify products from time to time.
3.3. Our products may vary slightly from their pictures. The images of the products in our marketing materials and on our website are for illustrative purposes only. Although we have made every effort to ensure that our products are accurately represented there may be minor variations and where products are displayed on our website 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. Product packaging may also vary from that shown in images in our marketing materials and on our website.
3.4. You must ensure that all products are used by you in a safe and appropriate manner, in accordance with the manufacturer’s instructions and guidelines, and taking into account any health or medical conditions of the user. Our products may not be appropriate for every individual or for your condition. Always ask your doctor about all treatment options, as well as their risks and benefits, and whether our products are appropriate for your condition.
4. Price and payment
4.1. The price of our goods shall be that stipulated in our current price list or on our website or as contained in your order quotation (as applicable) at the date of order or as agreed between the parties. The price is in GBP pound sterling inclusive of VAT.
4.2. All prices of our goods are stated exclusive of any applicable delivery costs. Any costs of delivery shall be notified to you before you place your order.
4.3. Payment of the total purchase price including VAT and any applicable delivery charges usually must be made in full before dispatch of the goods, unless we agree that you only need to pay a deposit in which case the balance must be paid upon delivery and installation
4.4. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. 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.
4.5. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
5. Delivery and collection
5.1. Unless otherwise agreed in writing, delivery shall take place at the address specified by you when you placed your order and within the timescale specified by us.
5.2. We typically carry out delivery and installation of goods ourselves to your specified address. Delivery and installation is provided free of charge for customers whose address is within a 20 miles radius of our office in Cleveleys, Blackpool. A delivery charge will apply for addresses outside that radius, with the amount calculated according to the distance we are required to travel. Any such costs of delivery shall be notified to you before you place your order.
5.3. We do not usually use a third party delivery service, unless specifically requested by you and for international orders.
5.4. Delivery times may vary from time to time. Any delivery period specified by us is an estimate only and shall not be of the essence of the contract. We shall use our reasonable endeavours to meet any stated delivery period or booked delivery date. However, we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery period or date.
5.5. 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. If the product is out of stock, you will be advised immediately. 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.
5.6. The delivery address specified by you must be safely accessible by us. If someone is not available at your address to take a pre booked delivery and the delivery needs to be rescheduled, you will need to pay any additional delivery charges which apply.
5.7. A product will be your responsibility from the time we deliver the product to the address you gave us. However, you will not own any goods until we have received payment in full for those goods (including any delivery fees). We reserve the right to collect or require return of any goods where full payment is not received within the time specified on your invoice, order form or otherwise specified.
5.8. Sometimes we may need certain information from you so that we can supply our products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6. Cancellations and returns
6.1. If you are a consumer, for most products bought off-premises or online you have a legal right to change your mind within 14 days from receipt of your goods and to receive a refund. This right will not apply to any goods which are “bespoke”, meaning that they have been sourced or made to your requirements or specification or otherwise tailored in any way for you. We will inform you at the point of order if your goods will be bespoke and therefore will not qualify for any cooling off period.
6.2. If you are a consumer entitled to this right to change your mind and you wish to exercise your right, please let us know by contacting us by email. The cancellation period will expire after 14 days from the day on which you receive the goods.
6.3. You must either return the goods to us yourself or pay the direct cost of returning the goods. If we agree to collect the goods, you must pay the cost of collection which will be notified to you when you book the collection and we are allowed to deduct this fee from any refund. 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.
6.4. All goods to be returned must be unused, in a fully saleable condition, fully packaged and sealed in the original packaging format clearly showing your order number. Where returned goods or their packaging are found to be damaged by you, you will be liable for the cost of remedying such damage.
6.5. We will make any refund using the same means of payment as you used for the initial transaction unless expressly agreed otherwise. Unless we have collected the goods from you, we may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods.
6.6. You are responsible for inspecting the packaging of your goods for visible signs of transit damage before signing any delivery receipt document. In the event of visible signs of transit damage, you must clearly mark the goods received as 'damaged' before signing and notify us within 24 hours. To avoid ambiguous situations, you must also inspect the goods themselves immediately upon receipt and notify us within 48 hours of delivery if the goods are damaged or defective, with appropriate pictures of any defects. We do not accept damage claims that may have resulted from mishandling of the product or which take place after installation. We also do not accept damage claims once the product has been moved to a different location from the point of delivery or installation.
6.7. Where a claim of fault, defect or damage is made then it shall be our responsibility to either collect the faulty goods and provide you with replacement goods, or to do our best to repair or replace the faulty part. If neither of the above is possible, the damaged/defective goods will be collected and a full refund for the damaged goods only (including delivery costs, if applicable) will be made. We will not be held responsible for any other loss or costs caused to the customer. Should the reported fault on a returned item be related to incorrect use of an item, or failure to adhere to any use instructions, we reserve the right to charge a restocking fee for the goods.
7. Our right to end the contract
7.1. We may end our contract with you by writing to you if you break the contract if you:
7.1.1. 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;
7.1.2. 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; or
7.1.3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
7.2. If we end the contract in the situations set out above 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.
8. Limitation of liability
8.1. 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; or for breach of your legal rights in relation to the products.
8.2. To the fullest extent permitted under any applicable law, under no circumstances will we be responsible or liable for any loss or damages of any kind, including personal injury, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to your use of or inability to use our products or services.
8.3. To the fullest extent permitted by applicable law, in no event will our total liability to you, for all possible damages, losses, and causes of action in connection with your use of or inability to use our products or services and your rights under these terms, exceed an amount equal to the amount you have paid us in connection with those goods and services. For purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by us.
8.4. If you use our products for any commercial, business or re-sale purpose we will have no liability to you or any other third party for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. Force majeure
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any event or circumstance beyond our reasonable control including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pandemics or other public health issues or measures, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and in those circumstances we shall be entitled to a reasonable extension of our obligations.
10. Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. Governing law and jurisdiction
11.1. These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales
11.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.