ACTIVE POSTURE LIMITED - TERMS OF SALE (WEBSITE PURCHASES)
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you via our website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Active Posture Limited a company registered in England and Wales. Our company registration number is 11314103 and our registered office is at Access House, 207-211 The Vale, Acton, London W3 7QS. Our registered VAT number is 11314103.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07578 013 064 or by writing to us at Access House, 207-211 The Vale, Acton, London W3 7QS or email: firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order (for example, because the product requested is out of stock) we will inform you of this and will not charge you for the product.
3.3 Your order number. 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK. You can however order products from our other affiliates here:
- Denmark: www.anodyne.dk
- Germany: www.anodyne-shop.de
- Austria: www.anodyne.at
- Switzerland: www.anodyne-shop.ch
- Netherlands: www.anodyne.nl
- Belgium: www.anodyne.be
- Luxembourg: www.anodyne.lu
- France: www.anodyne.fr
- Sweden: www.anodyne.se
- Norway: www.anodyne.no
- Finland: www.anodyne.fi
- Spain: www.activeposture.es
- Russia: www.aktivestan.ru
4 OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, 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. The packaging of the product may vary from that shown in images on our website.
5 PROVIDING THE PRODUCTS
5.1 Delivery costs.We offer free delivery for all our products.
5.2 When we will provide the products. We will aim to deliver the products to you within 1-2 business days and will provide you with an estimated delivery date when we confirm your order.
5.3 We are not responsible for delays outside our control. 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. 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.
5.4 When you become responsible for the products. Products will be your responsibility from the time we deliver them to the address you have specified or you collect them from us.
5.5 When you own products. You shall own the products once we have received payment in full.
6 YOUR RIGHTS TO END THE CONTRACT
6.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products replaced or to get some or all of your money back), see clause 9.
6.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.4.
6.3 If you have just changed your mind about the product, see clause 6.4
You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
6.4 Ending the contract because of something we have done or are going to do.If you are ending a contract for a reason set out at 6.4.1 to 6.4.3 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- 6.4.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- 6.4.2 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
- 6.4.3 you have a legal right to end the contract because of something we have done wrong.
6.5 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 30 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.6 How long do consumers have to change their minds? You have 30 days after the day you receive the products, unless your products are split into several deliveries over different days. In this case you have until 30 days after the day you receive the last delivery.
7 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- 7.1.1 Phone or email. Call customer services on 07578 013 064 or email us at email@example.com. Please provide your name, home address, details of the order (including order number) and, where available, your phone number and email address.
- 7.1.2 Online. Complete the returns form on our website.
- 7.1.3 By post. Print off the returns form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought (including order number), when you ordered or received it and your name and address.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us by completing the returns form and sending it back along with the product and package. The returns form is on the reverse of the instructions "Replacement and returns" enclosed in your package. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract. We will pay the costs of return.
7.3 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
7.4 In order to get a refund, the product must not have been dried in a tumble dryer because that will cause it to be damaged. Furthermore, the product must not have been washed above 30 degrees as that will also damage the product. We use returned products as demo-products, so we need to have these back in a condition where they are useful to us.
7.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 30 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return a product to us, see clause 7.2.
8 IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07578 013 064 or write to us at Access House, 207-211 The Vale, Acton, London W3 7QS or email firstname.lastname@example.org.
9 YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
9.1 We are under a legal duty to supply products that are in conformity with this contract and are as described, fit for purpose and of satisfactory quality.
9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return the products in person to where you bought them or post them back to us by completing the returns form and sending it back along with the product and package. The returns form is on the reverse of the instructions "Replacement and returns" enclosed in your package. If you are returning a faulty product, you must additionally provide details of the fault on the reverse of the "Replacement and returns" form.
10 PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the products (which includes VAT and delivery charges unless otherwise specified) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the products you order.
10.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. 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 products provided to you.
10.3 When you must pay and how you must pay. We accept payment with Visa, Mastercard, Klarna and via PayPal. You must pay for the products before we dispatch them (Klarna excluded – you can postpone payment 14-30 days). We will not charge your credit or debit card until we dispatch the products to you.
11 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 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; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
12 HOW WE MAY USE YOUR PERSONAL INFORMATION
13 OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13.7 Regular control of our products
Posture correcting clothing from ActivePosture® is CE marked as a medical device. This means that there are strict requirements for continuous follow-up and new scientific studies. If you have purchased a product from ActivePosture® (from our webshop), you will receive an email with a questionnaire once a year. Questions are drawn up in collaboration with scientists, doctors and therapists across universities in Europe, as part of major scientific studies. It is our obligation as a manufacturer and distributor of these products to continuously document the effect (positive as well as negative) of our products. It is completely optional to participate in the questionnaire survey and it is always 100% anonymous. You will only receive one email per year and we will always honour participation in the questionnaire with either a free product or a gift voucher for our webshop. By accepting our terms of trade, you agree to receive an invitation to the questionnaire once a year. If you do not wish to receive this email, you are welcome to contact us and have your email removed from the list.
Date of last review: 17th of May 2018 by Active Posture Limited