1 The contract between us
We must receive payment of the whole of the price for
the goods that you order before your order can be
accepted. For web orders we will confirm that your order
has been accepted by sending an email to you at the
email address you provide in your order form. If your
order is made using the telephone then we will confirm
acceptance of the order during that call and these terms
and conditions apply to such an order. Our acceptance of
your order brings into existence a legally binding
contract between us. For telephone orders acceptance of
delivery of the goods shall be deemed conclusive
evidence of your acceptance of these terms and
conditions.
Self Diagnosis is a trading name of Skin Shop Ltd
(Alderney)
2 Price
2.1 The prices payable
for goods that you order are as set out in our website
or as quoted by our customer services representative on
the telephone.
2.2 All prices unless expressly stated
are inclusive of VAT
2.3 Delivery costs are detailed
on the website except for certain locations. Any
additional costs will be notified to you by email or if
the order is by telephone then any additional delivery
costs will be advised of at the time the order is made.
It must be pointed out that it may not be possible to
deliver to certain locations.
3 Right for you to cancel your
contract
3.1 You may cancel your contract
with us for the goods you order at any time up to the
end of the seventh working day from the date you receive
the ordered goods. You do not need to give us any reason
for cancelling your contract nor will you have to pay
any penalty.
3.2 You cannot cancel your contract if
the goods you have ordered are by their nature goods
which cannot be returned or are likely to deteriorate or
expire rapidly.
3.3 To cancel your contract you must
notify us by e-mail unless as stated otherwise at
sales@selfdiagnosis.co.uk . We request that goods are
returned in an unused condition, in their original
packaging and complete documentation. Due to their
nature only unopened test kits may be returned. Any
other goods that we sell to you may not be returned if
they have been opened and by their nature cannot be
returned or are likely to deteriorate rapidly.
3.4 If
you have received the goods before you cancel your
contract then unless, under clause 3.2, you do not have
a right to cancel you must send the goods back to our
contact address at your own cost and risk. If you cancel
your contract but we have already processed the goods
for delivery you must not unpack the goods when they are
received by you and you must send the goods back to us
at our contact address at your own cost and risk as soon
as possible.
3.5 Once you have notified us that you
are cancelling your contract, any sum debited to us from
your credit card will be re-credited to your account as
soon as possible and in any event within 30 days of your
order PROVIDED THAT the goods in question are returned
by you and received by us in the condition they were in
when delivered to you. If you do not return the goods
delivered to you or do not pay the costs of delivery, we
shall be entitled to deduct the direct costs of
recovering the goods from the amount to be re-credited
to you.
4 Cancellation by us
4.1 We
reserve the right to cancel the contract between us
if:
4.1.1 we have insufficient stock to deliver the
goods you have ordered;
4.1.2 we do not deliver to
your area; or
4.1.3 one or more of the goods you
ordered was listed at an incorrect price due to a
typographical error or an error in the pricing
information received by us from our suppliers.
4.1.4
if you are unable to make payment with your credit card
or your card issuer does not authorize payment.
4.2
If we do cancel your contract we will notify you by
e-mail and will re-credit to your account any sum
deducted by us from your credit card as soon as possible
but in any event within 30 days of your order. We will
not be obliged to offer any additional compensation for
disappointment suffered.
5 Delivery of goods to you
5.1 We
will deliver the goods ordered by you to the address you
give us for delivery at the time you make your
order.
5.2 Delivery will be made as soon as possible
after your order is accepted and in any event within 30
days of your order.
5.3 You will become the owner of
the goods you have ordered when they have been delivered
to you. Once goods have been delivered to you they will
be held at your own risk and we will not be liable for
their loss or destruction.
6 Liability
6.1 If the goods we
deliver are not what you ordered or are damaged or
defective or the delivery is of an incorrect quantity,
we shall have no liability to you unless you notify us
in writing at our contact address of the problem within
10 working days of the delivery of the goods in
question.
6.2 If you do not receive goods ordered by
you within 30 days of the date on which you ordered
them, we shall have no liability to you unless you
notify us in writing at our contact address of the
problem within 40 days of the date on which you ordered
the goods.
If you notify a problem to us under this
condition, our only obligation will be, at your
option:
6.2.1 to make good any shortage or
non-delivery;
6.2.2 to replace or repair any goods
that are damaged or defective; or
6.2.3 to refund to
you the amount paid by you for the goods in question in
whatever way we choose.
6.3 Save as precluded by law,
we will not be liable to you for any indirect or
consequential loss, damage or expenses (including loss
of profits, business or goodwill) howsoever arising out
of any problem you notify to us under this condition and
we shall have no liability to pay any money to you by
way of compensation other than to refund to you the
amount paid by you for the goods in question under
clause 6.2.3 above.
6.4 You must observe and comply
with all applicable regulations and legislation,
including obtaining all necessary customs, import or
other permits to purchase goods from our site. The
importation or exportation of certain of our goods to
you may be prohibited by certain national laws. We make
no representation and accept no liability in respect of
the export or import of the goods you purchase.
6.5
Notwithstanding the foregoing, nothing in these terms
and conditions is intended to limit any rights you might
have as a consumer under applicable local law or other
statutory rights that may not be excluded nor in any way
to exclude or limit our liability to you for any death
or personal injury resulting from our negligence.
6.6
By ordering any test kits (?test kit' means any goods
sold by us which provides a result) you accept and
understand that the test kits are not 100% accurate and
you should not rely on any of the results from the test
kits. If you are worried by your symptoms or your
result, whether positive or negative, you will seek
advice from a suitable medical professional. We shall
not be liable in any way for any reliance placed on
these test kits.
6.7 By ordering any product from us
you confirm that you understand and accept that we make
no claims about the health benefits of our products. If
you are worried by your symptoms you should seek advice
from a suitable medical professional and not rely on
this product.
7 Notices
Unless otherwise
expressly stated in these terms and conditions, all
notices from you to us must be in writing and sent to
our contact address at Self Diagnosis , Emery Ltd, Unit 7 – 9,
Romsey Industrial Estate, Greatbridge Road, Romsey, SO51
0AD or by e-mail to customer sales@selfdiagnosis.co.uk and
all notices from us to you will be displayed on our
website from to time.
8 Events beyond our control
We
shall have no liability to you for any failure to
deliver goods you have ordered or any delay in doing so
or for any damage or defect to goods delivered that is
caused by any event or circumstance beyond our
reasonable control including, without limitation,
strikes, lock-outs and other industrial disputes,
breakdown of systems or network access, flood, fire,
explosion or accident.
9 Invalidity
If any part of these
terms and conditions is unenforceable (including any
provision in which we exclude our liability to you) the
enforceability of any other part of these conditions
will not be affected.
10 Privacy
Once you have placed
an order with us, your name and e-mail address will be
added to our customer file. We will not share your
information with any other companies. You can check the
information that we hold about you by e-mailing us at
sales@selfdiagnosis.co.uk. If you find any inaccuracies we
will delete or correct it promptly. The personal
information which we hold will be held securely in
accordance with our internal security policy and the
law.
11. Easy Order Service
11.1 If
you have ordered via the website or by telephone to
receive and purchase a chosen product on a monthly basis
you authorize us to retain your credit card or payment
details and to debit your credit card with the monthly
sum which will be the current price of the goods as
listed on the website at the time of monthly
despatch.
11.2 The automatic shipment service may be
cancelled at any time by telephoning your order number
written on your delivery note, in writing to Self Diagnosis,
Emery Ltd, Unit 7 – 9, Romsey Industrial Estate,
Greatbridge Road, Romsey, SO51 0AD or by e-mail to
sales@selfdiagnosis.co.uk
11.3 If you want to return the
goods then cancellation and returns must be dealt with
in accordance with these terms and conditions.
12 Third party rights
Except for
our affiliates, directors, employees or representatives,
a person who is not a party to this agreement has no
right under the UK Contracts (Rights of Third Parties)
Act 1999 to enforce any term of this agreement but this
does not affect any right or remedy of a third party
that exists or is available apart from that Act.
13 Complaints
If you have any
complaints regarding the website or any goods which you
have purchased, please e-mail us in the first instance
at sales@selfdiagnosis.co.uk where your complaint will be
dealt with fairly and efficiently.
14 Entire agreement
These terms
and conditions, together with our current website
prices, delivery details, contact details and privacy
policy, set out the whole of our agreement relating to
the supply of the goods to you by us. Nothing said by
any sales person on our behalf should be understood as a
variation of these terms and conditions or as an
authorised representation about the nature or quality of
any goods offered for sale by us. Save for fraud or
fraudulent misrepresentation, we shall have no liability
for any such representation being untrue or
misleading.
15 Governing law
The contract
between us shall be governed by and interpreted in
accordance with English law and the English courts shall
have jurisdiction to resolve any disputes between
us.