This section of the site explains the terms and conditions you are agreeing to when using and/or purchasing from www.medick.com or via our Customer Sales Line on 00 44 (0)845 603 6635.
UK opening hours as follows:-
Monday to Thursday 9am to 6pm
Friday 9am to 5pm
Saturday Closed
Sunday Closed
UK Bank Holidays Closed
General
These terms and conditions have been produced in accordance with The Consumer Protection (Distance Selling) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.
Healthantec Limited’s registered office is situated at Branksome House, Filmer Grove, Godalming, Surrey GU7 3AB. VAT registration number: 881346313.
We make no warranty to consumers accessing the Web site of compliance of local laws, if and to the extent local laws are applicable.
The product is a heart monitoring device called “Medick Heart Monitor” (“MHM 100”) and may be used by you to provide us with data, stored in it, to create reports based on these results (“Services”). These terms and conditions shall incorporate and are to be read in conjunction with the terms contained in the Service Agreement relating to the Services.
The Service Agreement must be entered into simultaneously with the purchase of the MHM 100 by you.
Any contract between us, whether for the purchase of the MHM 100 or the Services shall be governed by the laws of England and Wales and all parties submit to the non-exclusive jurisdiction of the English Courts. Any contract will be communicated in English and any provision of these terms and conditions which are found to be unlawful, void or for any reason unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
Every care has been taken in the preparation and the content of this Web site, however we cannot guarantee the reliability of any access to this Web site and are consequently unable to provide any guarantee that the information is up to date and free of mistakes. To the extent permitted by applicable law we disclaim all warranties (express or implied) as to the accuracy of information contained in this Web site and no liability is accepted for loss or damage arising as a consequence of problems with access. We do not accept any liability arising from any use of any information contained in the Web site.
We accept no responsibility or liability for material not under our control contained in other Web sites obtained by activating (hypertext) links to such other Web sites in this Web site.
We reserve the right to vary these terms and conditions, such variations shall become effective immediately upon posting them on to this Web site.
The content of this Web site is protected by UK and International copyright laws and no part may be copied, reproduced, distributed, redistributed, modified, displayed or performed without our prior written consent. All trademarks and trade names are the property of us and all rights are reserved by us relating thereto.
Health and Compatibility
In the event of discomfort or pain from use of the MHM 100 then stop using it immediately and, if necessary, seek advice from your doctor.
We guarantee that the MHM 100 will be supplied with the correct specification as advertised on this Web site; however we are unable to guarantee its compatibility or suitability for each individual consumer or additional user (see clauses 45 and 46 below). Please read and follow all instructions received with the MHM 100.
The use of the MHM 100 is solely for the purpose of providing the Services and nothing in these terms and conditions shall imply that the MHM 100 is able to provide any form of a cure or treatment for any heart condition or other ailment.
In the provision of the Services we shall not be liable for any loss, damage or otherwise as a result of inaccurate of faulty results caused by your misuse, including any incorrect use of the MHM 100.
Price
The price of the MHM 100, the Services and accessories shall be that quoted as the retail price on this Web site at the date of placing an order and are inclusive of VAT and delivery unless otherwise stated. We reserve the right to vary the price of the MHM 100, the Services and accessories at any time and any such variation shall be immediately effective upon posting of the price on this Web site.
In the event of any errors of price contained within the Web site we reserve the right to reject any orders placed for the MHM 100, the Services and accessories at the incorrect price and if payment has been made we shall reimburse you the full amount paid.
Placing an Order, Payments and Acceptance
You may place an order through the appropriate means on this Web site or via our Customer Sales Line 00 44 (0)845 303 6635.
UK opening hours as follows:-
Monday to Thursday 9am to 6pm
Friday 9am to 5pm
Saturday Closed
Sunday Closed
UK Bank Holidays Closed
Payment for the MHM 100 may be made in full at the time of placing an order or by instalments (see clause 19 below) by credit or debit card only and payment will be debited from your account before the dispatch of the MHM 100.
If payment of the MHM 100 is to be made by instalments the first instalment of £50 shall be paid at the time of placing an order by credit or debit card only and subsequent monthly payments at an amount as specified on the Web site at the date of placing an order.
All transactions are made through a secure third party and where applicable are subject to the Consumer Credit licence.
We reserve the right to accept or reject any order for any reason (in particular for orders of the MHM 100, the Services and accessories at incorrect prices stated for the MHM 100, the Services and accessories on the Web site, see clause 16 above).
We shall validate any orders made and credit and debit card details submitted to us before an order is accepted. Once this has been done we will confirm that your order has been received by sending an e-mail to the e-mail address provided by you during the process of placing an order. Our e-mail confirmation shall be acceptance of the order and copies of each contract shall be kept by us and may be provided to you upon your written request (in accordance with clause 42).
By placing an order you acknowledge that you have read, understood and agree to be bound by these terms and conditions and any variation thereof pursuant to clause 9.
Delivery
We shall deliver the MHM 100 to you within 30 days of the date of placing your order.
In the event that we are unable for any reason to deliver the MHM to you within 30 days of you placing your order we shall notify you by email as soon as possible and provide you with an estimated date of delivery. We do not accept any liability for any losses or costs incurred as a result of failure to meet delivery dates and times.
If your order cannot be fulfilled within 30 days you have the right upon written request to us (in accordance with clause 42) to be given a full refund for the relevant order.
Risk and Retention of Title
Risk in the MHM 100 shall pass to you upon delivery to the delivery address provided by you at the time of placing your order.
Title to the MHM 100 (when paid for in full at the time of purchase), shall pass to you upon delivery of the MHM 100.
Title to the MHM 100 (when paid for in instalments) shall pass to you upon payment in full of the MHM 100.
In the event of cancellation (see clauses 35 - 40) title to the MHM 100 shall pass to us upon return and refund (if applicable) by us of the total amount paid for the MHM 100, less any applicable deductions.
Damaged or Faulty Goods, Warranty and Repairs
If the MHM 100 is found to be damaged immediately upon delivery please contact our customer support department (see clause 43). Please retain all original packaging for the damaged MHM 100. We shall arrange for collection and prompt replacement or refund as directed by you.
The MHM 100 is sold with a warranty of 24 months from the date of dispatch, the terms of which is contained within the Medick Warranty and shall be incorporated into and read in conjunction with these terms and conditions.
If the MHM 100 is found to be faulty (not as a result of any misuse, accident or neglect by you) at any time within the warranty period please contact our customer support department (see clause 43) and we will arrange for collection within 3 working days and provide a replacement for the faulty MHM 100 within 10 working days.
We reserve the right to examine any MHM 100 which has been found to be faulty or damaged by you and in the event that following an examination the damage or fault was caused as a result of your misuse or other act by you, you accept that we shall not make any refund or replacement for your MHM 100 under the Healthantec Warranty.
Cancellation
Subject to clause 39 you shall have the right to cancel an order within seven working days by contacting our customer support department (see clause 43) and providing written notice in accordance with clause 42. In the event that you have received your MHM 100 and wish to cancel within the seven working day period we shall arrange for a convenient time for collection.
In the event of cancellation, in accordance with clause 35, we shall refund you the full amount paid within 30 days of notice of cancellation or date of return by the same method of payment used by you. No amounts can be refunded in excess of the original purchase price.
In the event of cancellation you will be under a duty to look after the MHM 100 and not damage it in any way whilst in your possession.
Returns
All costs associated with returns shall be our responsibility save where the failure is caused by misuse, accident or neglect.
Due to the nature of the MHM 100 your rights of cancellation and return (including without limitation refunds) are not applicable in the event that you have opened the sealed packaging surrounding the MHM 100. For the avoidance of doubt the MHM 100 must be unopened and in its original condition in order for refunds to be made pursuant to clause 36.
We reserve the right to examine all returned MHM 100’s pursuant to clause 35 and in the event that the MHM 100 is damaged as a result of your misuse or other act by you, you accept that we shall not be liable to refund the amount paid by you for the MHM 100.
Complaints and Enquiries
In the event you have a complaint or enquiry about this Web site or the MHM 100 you may provide us with details of such complaint or enquiry by telephone to our customer support department (see clause 43) or by written notification in accordance with clause 42.
Notification
All notices or communications, except those concerning returns (see clause 35 above), are to be addressed to Healthantec Limited and made by post to Healthantec Ltd, PO Box No. 5850, Milton Keynes MK10 1DZ or e-mail: support@medick.com.
Customer Support department is contactable on 00 44 (0)845 603 7282.
UK opening hours as follows:-
Monday to Thursday 9am to 6pm
Friday 9am to 5pm
Saturday Closed
Sunday Closed
UK Bank Holidays Closed
Additional Users
The MHM 100 can be used by up to 5 individuals, including you.
In the event that the MHM is to be used by more than one individual, in accordance with clause 44 above, you shall remain responsible for ensuring the MHM 100 is used correctly by such other individual(s) and in accordance with all and any additional instructions supplied with the MHM 100 or contained herein.
Data Protection
We shall not disclose any Personal Data (as defined in the Data Protection Act 1998) supplied by you to any third party except to persons who are supplying Services and others who may need to have access for the better performance of the Services (“Permitted Third Parties”) and by accepting these terms and conditions you accept the dissemination of your Personal Data to Permitted Third Parties.
Exchange or Sale of the MHM 100
Nothing contained within this Web site or these terms and conditions shall provide you with any right of re-sale, re-supply or distribution of the MHM 100 to any third party.
Miscellaneous
You will be able to print a copy of these terms and conditions at the time of placing your order and download any variations at any time via this Web site.
For the avoidance of doubt “us” or “we” shall mean Healthantec Limited and “you” shall mean the consumer placing the order.
These terms and conditions shall be subject to our privacy policy.
By purchasing an MHM 100 you warrant that you reside in the UK and not in any other jurisdictions, territory or country. This product is not for use in any country other than the United Kingdom.
By purchasing an MHM 100 you warrant that you are over 18 years of age.
By purchasing an MHM 100 you warrant that you will not use the product in the context of any clinical or medical activities for gain. This product is for non health professional use only.
