Terms of Sale

Terms and Conditions of Sale

1. General Information

1.1. We are Femeda Limited (we/our/us) a company registered in England with the company number 04585850. Our registered office is at Unit 9, Network Centre, Colbourne Avenue, Nelson Park, Cramlington, NE23 1WD.

1.2. These Terms and Conditions of Sale set out the legal terms that apply when you place orders for Product through our website or by telephone with our sales team. You must read these Terms and Conditions carefully and agree to accept the Terms and Conditions before we will accept an order from you. If you do not accept these terms and conditions, you may not be able to purchase Products through these Platforms.

1.3. These terms 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 there is something within these terms which you don’t understand, please contact us for further information.

2. Defined terms

2.1. Product or Products – Items offered for sale through our Sales Platforms.

2.2. Sales Platform – The medium controlled under these terms through which we offer Products for sale (Website and Direct Telephone Sales)

3. Orders

3.1. Order requests may be placed by you through our Sales Platforms. We will review your request and indicate to you our acceptance by order confirmation which we will send to the email address you have provided to us. On acceptance of your order a contract will come into existence between us. We request that you review the confirmation to ensure that the Products that you have ordered are correct. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed

3.2. If we are unable to accept your order, we will inform you in writing and you will not be charged for the Product. We may reject an order request for several reasons including but not limited to Product availability, errors in pricing and or Product description, inability to meet your required delivery schedule.

3.3. We will assign an order number to your order request and quote this as a reference in any communication that we may have regarding the order. We request that you also quote this reference when contacting us in relation to the order.

3.4. We may need certain information from you so that we can accept your order and provide the Products to you, for example, your name, your email address, telephone number, credit card number, the expiration date of your credit card, billing address and delivery address. Further information relating to how we collect, manage, store and process personal data can be found in our Privacy Policy.

3.5. The Products sold through the Sales Platforms are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

3.6. 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.

4. Order Amendments

Changes made by you

4.1. If you wish to make changes to your order prior to shipment contact us by phone on 0800 681 6008 or at jane@pelviva.com and we will advise you if the changes are possible and if whether they will result in changes to the price and / or delivery schedule.

4.2. We will require you to confirm that you accept all changes that may result. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract at no cost to yourself.

Changes made by us

4.3. Minor changes to the Product may be made:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements, for example to improve the functionality of our Products. These changes may affect your use of the Product, which we will endeavour to tell you about in advance.

4.4. Should we make significant changes to the Product or these terms we will contact you before these changes take effect. You may then choose to end any existing contract for Product that is impacted by the change and receive a full refund for Product that has not been received.

5. Product Recall

5.1. Pelviva is registered in the EU under the Medical Devices Directive as Class IIa Product. As such, we are under an obligation to maintain procedures for identifying and tracing each unit, lot or batch of Pelviva and, where appropriate, components of the Product.

5.2. We are also under an obligation to establish and maintain procedures to control units of Pelviva that do not conform to specified requirements and may recall non-conforming units at any time where required by law or at our own discretion.

5.3. Should we identify non-conforming materials that are deemed necessary to recall we will contact you and request the affected Products be returned to us at the earliest opportunity. All costs related to the return of non-conforming Products will be borne by us.

5.4. We will refund, or at your request, replace non-conforming Products. All costs including original shipment costs will be refunded. Where replacement is requested costs of any additional transportation for the return of non-conforming Product and its resupply will be borne by us.

6. Delivery

6.1. We will always attempt to dispatch orders received before 3pm on the same day. Those received after 3pm on the next working day. However, this is not guaranteed, and we may offer to deliver Products up to 14 days from the date of order acceptance. During Public Holidays please allow an extra 2 working days for delivery.

6.2. An estimated delivery date will be provided to you when we confirm acceptance of your order.

6.3. If supply 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 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.

6.4. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or a signature is required, our delivery partner will follow the standard procedure it applies if a Product cannot be delivered. This will normally include leaving notification of the failed delivery with instructions of what will happen next.

6.5. If, despite our (or our delivery partner’s) reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the contract and return the Products.

6.6. If you do not provide this information to us at the time of placing an order, or within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying Products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.7. We may delay supplying a Product to you if:
a) you fail to make payment to us for the Product;
b) if we suspect any order or transaction to be fraudulent or suspicious;
c) we choose to deal with technical problems or make minor technical changes to the Products; and
d) we choose to update the Product to reflect changes in relevant laws and regulatory requirements.

Should we delay supply and the amended delivery date does not meet your requirements you have the right to end the contract. If you choose to terminate the contract, we will refund any sums paid in advance for the Product.

6.8. We may offer different delivery methods that incur a variety of delivery charges. You will be able to select which service that you require depending on your required schedule and need for security. On high value orders the services available will only include those that provide evidence of delivery. Delivery charges for each type of service will be clearly displayed on our website when they are offered to you or may be obtained by calling our customer services on 0800 681 6008.

6.9. Delivery costs may vary depending on the service selected, the destination, and size and value of the order. Higher value orders may have delivery charges waved at our discretion. It will always be clear on the order documentation the charges that have been made for delivery.

6.10. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

7. Your Rights to End a Contract

Product Which is Faulty or Not as Described

7.1. In the event a Product is found to be faulty or not as described (including Product that is damaged on receipt), you may return it to us for investigation, Femeda will pay for the return postage. Please contact us on 0800 681 6008 to report this and obtain a returns reference, returns form and shipment labelling.

7.2. Femeda will investigate returns that are alleged to be faulty or not as described. You will be kept informed of the progress of any investigation and may be contacted if additional information is required.

7.3. Where Femeda find the Product to be faulty or not as described a full refund will be provided including any delivery charges that were added to your order. Your statutory rights, will not be affected provided the Product in question is returned to us.

7.4. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 681 6008 or write to us at jane@pelviva.com.

Should we do Something or Tell you we Intend to do Something, in Breach of Contract

7.5. You may be entitled to end the contract immediately, and we may have to refund you in full for any Products which have not been provided if we have done or are going to do any of the following:
a) we have told you about an upcoming significant change to the Product or these terms which you do not agree to;
b) we have told you about an error in the price of the Product you have ordered, and you do not wish to proceed;
c) there is a risk that supply of the Product may be significantly delayed because of events outside our control;
d) we have suspended or delayed supply of the Product for technical reasons, or notify you we are going to suspend supply for technical reasons, in each case for a period of more than 30 days; or
e) you have a legal right to end the contract because we breached the contract relating to the supply of Products to you.

Should You Change Your Mind

7.6. Under the Consumer Contract Regulations 2013, for the majority of Products purchased on line you have the legal right to change your mind within 14 days of receiving the Product. If during this period you change your mind and decide that Pelviva is not right for you we will accept returns of unopened / undamaged Products and provide a full refund of the cost of the Product.

7.7. Please contact our customer services by phone on 0800 681 6008 or email at jane@pelviva.com to obtain a returns reference. A Returns Form quoting this reference must accompany the returned goods to enable us to facilitate a refund. Returns must be sent within 14 days of you notifying us of your wish to change your mind, you will be responsible for the cost of the return postage.

How We Will Refund You

7.8. Where a refund is applicable we will refund the price paid for the Product and in the case of faulty goods the costs of any shipping charges that were incurred. Refunds will be provided within 14 days of receipt of the Product or completion of our investigation and will be by the method of payment you used to purchase the Product.

7.9. Where you are exercising your right to change your mind refunds will not be possible where the packaging or the tamper evident labelling has been damaged. It will be your responsibility to ensure returned Products are effectively packed to prevent damage during return postage.

8. Our Right to End the Contract

8.1. We may end the contract at any time if:
a) you fail to make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your delivery address; or
c) you do not, within a reasonable time, allow our delivery partner to deliver the Products to you.

9. Price and Payment

9.1. The price of the Product will be the prices displayed on our website at the time you place your order request. The price charged will be clearly stated on your Order Confirmation and Invoice.

9.2. If the rate of VAT changes between your order date and the date we supply the Product we will adjust the VAT that you pay, unless you have paid for the Product in advance of the change to the VAT rate.

9.3. Normally you will be required to make payment for the Product before it is provided to you, unless otherwise agreed between you and Femeda. You will be required to submit payment details through our Sales Platforms. For clarity, if you elect to pay through an instalment plan (which may have additional terms and conditions attached to it) you shall not be the legal owner of the Product until payment has been made in full by you.

9.4 You represent and warrant that
a) you have the legal right to use any credit cards or other payment methods used to purchase the Product.
b) that the information that you supply is true, correct and complete.

10. Responsibility for Loss or Damage

YOUR ATTENTION IS PARTICULARILY DRAWN TO THIS CLAUSE

10.1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
a) 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.
b) 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 Services.
c) 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 or business or re-sale purpose our liability to you will be limited as set out below.

10.2. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
a) 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), or fraud or fraudulent misrepresentation, or any liability where it would be unlawful to do so.
b) Subject to clause 10.2(a) above, 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.
c) 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 the fees paid by you for the Product under such Contract

11. Transfer, Application and Jurisdiction

11.1. Subject to the terms of our Privacy Policy, we may transfer our rights and obligations under these terms to another organisation.

11.2. You may only transfer your rights or your obligations under these terms to another person or entity if we agree to this in writing.

11.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

11.4. 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.

11.5. 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.

11.6. These Terms and Conditions constitute the entire agreement between us in relation to your orders for the Products. 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 shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.

11.7. The Terms and Conditions of Sale and contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms of Sale and the Contract to the exclusive jurisdiction of the English courts. If you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in the Scottish, Northern Irish or the English courts.

Last updated 09.10.18

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