Terms & Conditions
Online Terms and Conditions for the Supply of Goods, Services and Digital Content.
1. These terms and conditions
1.1 What these terms and conditions cover
These are the terms and conditions on which we supply products (‘Products’) to you, whether these are goods, services and/or digital content.
1.2 Why you should read them
Please read these terms and conditions carefully before you submit your order to us. By signing up to our website and/or making a purchase through our website, you are accepting these terms and conditions, and are confirming that the information you have provided to us is accurate and up-to-date.
Certain Products listed on the Site are subject to age restrictions imposed by law. We are therefore not permitted by law to supply these Products to individuals who do not satisfy the relevant age requirement and, if you are underage, you must not attempt to order these Products.
These terms and conditions tell you who we are, how we will provide 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. If you think that there is a mistake in these terms and conditions, please contact us to discuss.
1.3 Are you a business customer or a consumer?
In some instances, you will have different rights under these terms and conditions depending on whether you are a business or a consumer. You are a consumer if "You are an individual".
You are buying Products from us wholly or mainly for your personal use or as a gift, but not for use in connection with your trade, business, craft or profession.
1.4 If you are a business customer this is our entire agreement with you
If you are a business customer, these terms and conditions constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and conditions, and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
2. Information about us and how to contact us
2.1 Who we are
We are Mythbreaker Limited trading as Nuffield Health Online Shop, a company registered in England and Wales (company registration number 5581441), a wholly owned subsidiary of Nuffield Health (company registration number 576970). Our registered office is at Epsom Gateway, Ashley Avenue, Epsom, Surrey KT18 5AL. Our group registered VAT number is 564 2911 37.
2.2 How to contact us
You can contact us by telephoning our customer service team on 0330 058 8373 or by writing to us at email@example.com or at Nuffield Health shop customer services, 15 The Broadway, Haywards Heath. West Sussex RH16 3AQ.
2.3 How we may contact you
If we have to contact you, we will do so by telephone or in writing to you at the email address or postal address you provided us with in your order. When we use the words “writing” or “written” in these terms and conditions, this includes emails.
3. Our contract with you
3.1 How we will accept your order
We will send you an email confirming that we have received your order after you have submitted your order to us. Our acceptance of your order will take place when we email you to inform you that we have accepted your order and dispatched the Product(s) you have ordered, at which point a contract will come into existence between you and us. If you have ordered Products from us that are being delivered by different suppliers, then each Product will have a separate dispatch confirmation.
3.2 If we cannot accept your order
If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the Product. This might, for example, be because the Product is out of stock, or because of unexpected limits on our resources that we could not reasonably plan for, or because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
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 and sale of our Products in the UK. Unfortunately, we are unable to accept orders from addresses outside the UK.
Additional delivery charges may apply for certain Products, for example large or bulky products, for delivery to non-mainland UK addresses. Our website will make it clear where this is the case.
4. Our products
4.1 Products may vary slightly from their pictures
Images of Products on our website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device’s display of the Products accurately reflects the Products. Your Product may vary slightly from those images.
4.2 Product packaging may vary
The packaging of the Products may vary from that shown in images on our website.
4.3 Product information
We will always try to ensure that Product information and details are up to date but we are reliant on Product manufacturers and suppliers to us and sometimes delays in our receiving that information and updating our website can occur. It is your responsibility to ensure that you check the Product information on the packaging and any product details you receive when you receive your Product(s) in case this differs or has changed in any way from the Product information and details on our website.
5. Your rights to make changes
If you wish to make a change to the Product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the Products
We may change the Product(s):
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product(s) or, where they do or may affect your use, we will inform you in writing of the affect.
6.2 More significant changes to the Products and these terms and conditions
We may make significant changes to these terms and conditions and/or the Product(s), but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received. Significant changes may, for example only and without limitation, include changes imposed by the manufacturer of the Products, including (but not limited to) the ingredients, composition, contents and constituents of the Product(s).
6.3 Updates to digital content
We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Delivery of the products
We will deliver your Product(s) to the delivery address you have specified on check out and as confirmed in your order. We are unable to deliver to multiple addresses or to addresses outside of the UK. You may receive your order where necessary in multiple packages.
7.1 Delivery costs
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the Products
- If the Products are goods – If the Products are goods, we will deliver them to you as soon as reasonably possible and usually within the delivery timeframe specified, but we cannot commit to a specific delivery date or time.
- If the Products are one-off services – We will begin the services on the date set out in the order or such other date as you and we may agree.
- If the Product is a one-off purchase of digital content – We will make the digital content available for download by you as soon as we accept your order.
- If the Products are ongoing services or a subscription to receive goods or digital content – We will supply the services, goods or digital content to you until either the services are completed, or the subscription expires (if applicable) or you end the contract as described in Clause 8 or we end the contract by written notice to you as described in Clause 10.
7.3 We are not responsible for delays outside our control
All delivery dates and times are approximate and subject to availability. The precise timing of a delivery cannot be specified. We will endeavour to deliver in the timeframe specified but we cannot guarantee to do so.
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.
7.4 If you are not at home when the Product is delivered
If no one is available at your address to take delivery, or you haven’t specified a safe place or neighbour who can accept it on your behalf (if the option is available) or the Products cannot be posted through your letterbox, we will re-arrange delivery Some deliveries may require a signature to confirm receipt. If a signature cannot be obtained, the carrier may ask a neighbour to sign for the delivery. Deliveries that require a signature will not be left if a signature cannot be obtained.
7.5 If you do not re-arrange delivery or are not available to accept a re-delivery
If you are not able to accept the delivery of the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery, are not available to accept the re-arranged delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.6 When you become responsible for the Products
Where a Product is goods, these will be your responsibility from the time we deliver the Product to the address you gave us. Where a receipt signature is required and is given by someone other than you, or the Products are left at your local post office, the order will be treated as having been delivered.
7.7 When you own Products
You own a Product which is goods once we have received payment in full.
7.8 What will happen if you do not give required information to us
We may need certain information from you to enable us to supply the Products to you. If so, this will have been stated in the description of the Products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of Products to you
We may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes in relation to the Product and/or to our website;
- update the Product to reflect changes in relevant laws and regulatory requirements;
- make changes to the Product as requested by you or notified by us to you (see Clause 6).
7.10 Your rights if we suspend the supply of Products
We will contact you to tell you we will be suspending or have suspended the supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 30 days we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
7.11 We may also suspend supply of the Products if you do not pay
If you do not pay us for the Products when you are supposed to (see Clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see Clause 14.7). We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see Clause 14.6).
8. Your rights to end the contract
8.1 You can end your contract with us
Your rights when you end the contract will depend on what you have purchased, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back – See Clause 12 if you are a consumer and Clause 13 if you are a business.
- If you want to end the contract because of something we have done or have told you we are going to do – See Clause 8.2.
- If you are a consumer and have just changed your mind about the Product – See Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any Products.
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind) – See Clause 8.7.
8.2 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 (a) to (e) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 6.2);
- 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;
- there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (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 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms and conditions.
8.4 Our goodwill guarantee for consumers
As a goodwill guarantee offered by Mythbreaker Limited trading as Nuffield Health Online Shop to its UK consumer customers, we are offering a 28 day period to change your mind, which is more generous than your legal rights under the Consumer Contracts Regulations 2013. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 12.1).
If any Product you purchase is damaged, faulty or incorrect, we may offer an exchange or refund as appropriate, in accordance with your legal rights under the Consumer Rights Act 2018 (the “Act”)
8.5 When consumers do not have a right to change their minds
Your right as a consumer to change your mind does not apply in respect of:
- Products which are (i) perishable items (e.g. food); (ii) medicines; (iii) personalised for you; (iv) made to measure; (v) made to order;
- digital Products after you have started to download or stream these;
- services, once these have been completed, even if the cancellation period is still running;
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;
- any Products which become mixed inseparably with other items after their delivery;
- any Products that are not in their original state and/or packaging, or which have been used.
8.6 How long do consumers have to change their minds?
If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
- Have you bought services? – If so, you have 28 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Have you bought digital content for download or streaming? – If so, you have 28 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- Have you bought goods? – If you have purchased Products which are goods, you have 28 days after the day you (or someone you nominate) receives the Products, unless:
- Your Products are split into several deliveries over different days – In this case you have until 28 days after the day you (or someone you nominate) receives the Products.
- Your Products are for regular delivery over a set period – In this case you have until 28 days after the day you (or someone you nominate) receives the first delivery of the Products.
8.7 Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the Product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) any costs that we incur.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:
- Phone or email – Call customer services on 0330 058 8373 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order including order number and, where available, your phone number and email address.
- Online – Complete the contact form on our website.
9.2 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, call our customer services on 0330 058 8373, or email us at email@example.com, we will then give you an authorisation number and advise you as to the address where to post the product or if advised, allow us or our supplier to collect them from you. If you are a consumer exercising your right to change your mind you must return the Products within 28 days after delivery.
You should return the Products to us unused (except to the extent reasonably necessary to examine them), and in the same condition in which you received them together with the original Product packaging, in accordance with our Returns Procedure for the Product(s).
Please note that refunds are unable to be processed in any Nuffield Health gyms, clinics or hospitals and they will not be able to accept any Products that are needing to be returned.
9.3.1 When we will pay the costs of return
We will pay the costs of return:
- if the Products are faulty, damaged or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.3.2 When you must pay the costs of return
Except as otherwise expressly provided in 9.3.1 above, you are responsible for all return postage costs of Products if you change your mind, want to exchange and want to return the Products to us.
9.3.3 Condition of returned Products and refunds
You must ensure that the Products are returned to us new, unused, damage free and in a resaleable condition in their original packaging. If any returned Products are damaged on return, they will be refused and we will not provide you with any refund of the price of those Products.
Products returned will be at your own risk. We will not be responsible for any loss or damage to the Products in transit.
9.4 What we charge for collection
If you are responsible for the costs of return and we or one of our third party providers are collecting the Product(s) from you, we will charge you the direct cost to us or our supplier of collection.
9.5 How we will refund you
If you are entitled to a refund under these terms and conditions, 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.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind
If you are exercising your right to change your mind:
- We may reduce your refund of the price of the Products to reflect any reduction in the value of the Products, if this has been caused by your handling them. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- Where the Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 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:
- If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us or our supplier. For information about how to return a Product to us, see Clause 9.2. Please ensure that you obtain and retain proof of postage when you return products to us.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it
We may end the contract for a Product at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information or accurate information that is necessary for us to provide the Products;
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
- you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 Costs and refunds where we end the contract
If we end the contract in the situations set out in Clause 10.1, we will refund any money you have paid in advance for Products we have not provided but we may deduct any costs we incur in doing so.
10.3 We may withdraw the Product
We may write to you to let you know that we are going to stop providing the Product. We will let you know if we are stopping the supply of the Product but we will only be able to do so once we have been informed by the manufacturer or supplier of the Product, or by a legislative or regulatory body and we will refund any sums you have paid in advance for Products which will not be provided.
11. 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 on 0330 058 8373 or write to us at firstname.lastname@example.org or Nuffield Health shop customer services, 15 The Broadway, Haywards Heath, West Sussex RH16 3AQ.
12. Your rights in respect of defective products if you are a consumer
If you are a consumer, we are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
If your Product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
- Up to 30 days: if your Products are faulty, then you can get an immediate refund.
- Up to six months: if your Products cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
- Up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
See also Clause 8.3.
If your Product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you are entitled to a repair or a replacement.
- If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
See also Clause 8.3.
If your Product is services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill or get some money back if we cannot fix it.
- If you have not agreed a price beforehand, what you are asked to pay must be reasonable.
- If you have not agreed a time beforehand, it must be carried out within a reasonable time.
See also Clause 8.2.
12.2 Your obligation to return rejected Products
If you wish to exercise your legal rights to reject Products, please call customer services on 0330 058 8373 or email us at email@example.com to obtain an authorisation number and details of where to post the Product or if advised otherwise, allow us or our supplier to collect them from you. We may offer an exchange or refund as appropriate.
13. Your rights in respect of defective products if you are a business
If you are a business customer, we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period) any Products which are goods shall:
- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
Subject to Clause 13.3, if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a Product does not comply with the warranty set out in Clause 13.1;
- we are given a reasonable opportunity of examining such Product; and
- you return such Product to us at our cost,
we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
- you make any further use of such Product after giving a notice in accordance with Clause 13.2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the Product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
Except as provided in this Clause 13, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in Clause 13.1.
These terms shall apply to any repaired or replacement Products supplied by us under Clause 13.2.
14. Price and payment
14.1 Where to find the price for the product
The price of any Products will be as quoted on the website. Such prices include VAT at the applicable local rates but exclude delivery costs. Delivery costs will be added to the total amount due once you have selected a delivery service from the available options.
We use our reasonable efforts to ensure that the price of the Product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the Product you order.
14.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong
It is always possible that, despite our reasonable efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you to see if you would like to continue with the order 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 goods provided to you.
14.4 When you must pay and how you must pay
- For Products which are goods, you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
- For Products which are digital content, you must pay for the Products before you download them.
- For Products which are services, you must pay the price of the services in full before we start providing them, unless otherwise stated. If we do not require payment in full in advance, then we will invoice you for any balance of the price of the services when we have completed them.
14.5 Our right of set-off if you are a business customer
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 What to do if you think an invoice is wrong
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 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.
15.2 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 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Products under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.4 When we are liable for damage caused by defective digital content
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 We are not liable for business losses
If you are a consumer, we only supply the Products for to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in Clause 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to Clause 16.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Products under such contract.
17. How we may use your personal information
17.1 How we will use your personal information
We use a third party provider SIPL – SIPL Consulting Services Limited a limited company incorporated in England with registered number 09163167 whose registered office is 3 Parkwest, Southdown Park, Haywards Heath, West Sussex RH16 3SG to operate and manage our website as our agent and to fulfil customer orders.
18. Other important terms
18.1 We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
18.2 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. However, if you are a consumer you may transfer our guarantee at Clause 8.4 to a person who has acquired the Product or, where the Product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 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, except as explained in Clause 18.2 in respect of our guarantee. Neither you nor we will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 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.
18.5 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.
18.6 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.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business?
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
CANCELLATION FORM FOR CONSUMER CUSTOMERS
Complete and return this form only if you wish to withdraw from the contract.
To Nuffield Health shop customer services, 15 The Broadway, Haywards Heath, West Sussex RH16 3AQ. Telephone number 0330 058 8373 and firstname.lastname@example.org
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods*/for the supply of the following service*,
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
*Delete as appropriate