Conditions of Use
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.prowisehealthcare.com ("our site") to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 www.prowisehealthcare.com is a site operated by Prowise Healthcare Limited - Companies House registered Private Limited Company number 9871014. We are a UK VAT registered company in the UK and our VAT number is 228689951.
1.2 Our head office is at 11 Sarah Court, 98 College Road, Sutton Coldfield, Birmingham. B73 5H. You can contact us either by post, by email or by calling our customer service department on 0845 122 2102
2. SERVICE AVAILABILITY
2.1 We accept orders from individuals resident in the following European countries; Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey. We also accept orders from the following countries outside of Europe; US, Australia, Canada, Hong Kong, Malaysia, New Zealand, Singapore.
2.2 To place an order click on the 'buy now' button in the product description for the product you wish to purchase
2.3 If you wish to purchase more than one item you can continue to shop and add items to cart.
2.4 When you have finished shopping click on 'Shopping Basket' then 'Continue Checkout'
2.5 New customers have to enter billing and shipping address details as well as set up a password for access to your account
2.6 Continue through checkout process until payment has been processed and order confirmed
2.7 You can login to your new account at any time using your email address and password. This will enable tracking of current order status and faster re-ordering
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 You are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.3 We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 2 working days of the date of the date of the order confirmation, unless there are exceptional circumstances.
5.2 You will be given a list of shipping options available for your location during checkout.. For UK orders delivery is free by Second Class and Second Class Recorded mail though you can pay to upgrade your delivery service if you wish.
5.3 All delivery is charged on a per order basis. This means it is the same charge whether your order 1 item or 10 items. Delivery charges include the cost incurred by us for the warehouse to pick and pack an item, packing materials and postage charges. You can see a more detailed break down of our shipping terms on the Delivery Information page.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery. All products on this site are supported by our quality guarantee.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. All prices listed include VAT.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8. OUR REFUNDS POLICY
8.1 We guarantee your satisfaction with our Products and if, for any reason, you are not satisfied with any Product(s) you purchase, we offer a full 'no quibble' refund or exchange policy.
8.2 Without prejudice to condition 8.1, you may cancel a Contract within 40 days of date of purchase. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. Your right to cancel can be exercised in writing to Prowise Healthcare, 11 Sarah Court, 98 College Road, Sutton Coldfield, Birmingham. B73 5H., United Kingdom. This provision does not affect your statutory rights.
8.3 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via letter or e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 40 days of the day we received your cancellation or the day we confirmed to you via letter or e-mail that you were entitled to a refund for delivery of the defective Product.
8.4 Products returned by you for any reason will be refunded in full.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
9.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
9.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
9.4 We accept no liability for any loss or damage cased by us or our employees or agents:
9.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
9.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
9.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
10. IMPORT DUTY
10.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Prowise Healthcare Ltd, 11 Sarah Court, 98 College Road, Sutton Coldfield, Birmingham. B73 5H., U.K. or by email. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 events outside our reasonable control ("Force Majeure Event").
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Strikes, lock-outs or other industrial action.
14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2.5 Impossibility of the use of public or private telecommunications networks.
14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
20. INTERNATIONAL CUSTOMS
20.1 It is the customer's responsibility to make sure that they are allowed to import any supplement they wish to purchase from the UK into their respective countries.
20.2 If the Customs officials in your country return your order to us, either because you did not have permission to import such supplements, or because such supplements are banned in your country, we will refund your order less the shipping costs incurred by Prowise Healthcare. Please check with your country's Customs officials to make sure that you are permitted to import any supplement before purchasing.
20.3 Customs, in rare instances, may confiscate shipments containing locally prohibited products from entering into their respective countries. In the rare case in which your shipment is confiscated, Prowise Healthcare accepts no financial responsibility, and therefore will not offer any refunds for your order.