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.
Indigo Health 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@homechec.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 Indigo Health
, Emery Ltd, Unit 7 – 9, Romsey Industrial Estate, Greatbridge Road,
Romsey, SO51 0AD or by e-mail to customer sales@homechec.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@homechec.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 Indigo Health,
Emery Ltd, Unit 7 – 9, Romsey Industrial Estate, Greatbridge Road, Romsey,
SO51 0AD or by e-mail to sales@homechec.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@homechec.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.
