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Terms and conditions

  1. Who are we and our contact details
    1.1. We are Healthpath Ltd. We’re a company registered in England and Wales with company number 11355212 whose registered address is at 11 Breer Street, SW6 3HE.
    1.2. You can get hold of us in any of the following ways:

    • by telephoning us on 07862216400;
    • by emailing us at Hello@healthpath.com; or
    • by writing to us at 11 Breer Street, London, SW6 3HE

    1.3. In case you need it, our VAT number is VAT.

  2. What do these terms do, and why are they important?
    2.1. These terms and conditions are important. Please read them carefully before you place an order with us. They explain how we will provide you with the goods, services and/or digital content that you have ordered. They describe our payment terms and delivery times. They also set out the situations in which this contract may be amended or cancelled by you or by us, and what you should do if there is a fault with the goods, services and/or digital content that we have provided to you amongst other matters.
    2.2. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
  3. Your personal details and how we will contact you
    3.1. If we need to contact you, we will usually do this by telephoning you on the number(s) that you have given to us, by emailing you at the email address that you have given to us or by writing to you at the address you have given to us.
    3.2. We will use the personal details that you give to us to provide you with the goods, services and/or digital content that you have ordered, including the processing of payment details that you have provided to us.
    3.3. We will only use your personal details to inform you about other goods, services and/or digital content that we provide, if you consented to this during the order process, or if you have provided your consent to us to do this at some other point. If you change your mind and no longer wish to receive this information, you can ask us to stop sending you this information by contacting us on the details set out in section 1 or, if we send you an email, by clicking on the link to change your preferences contained in the email.
    3.4. We do not pass your details on to any third parties, except if the law requires or permits us to pass them on to a third party. These situations tend to be very rare.
    3.5. For more information about how we use your personal details, please see our Privacy policy
  4. Order Process and the Contract between you and us
    When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods, services and/or digital content to you. If we tell you that we cannot provide the goods, services and/or digital content to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, services and/or digital content, and we have already received payment from you, then we will promptly refund you for any goods, services and/or digital content that we cannot provide to you.
  5. About the goods
    5.1. Any descriptions or images of the goods, and the packaging in which they are provided, that are set out in our catalogues or on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.
  6. Changes to goods, services and/or digital content
    6.1. If you would like to make a change to the goods, services and/or digital content that you have placed an order for, then please contact us as promptly as you can. We will always be happy to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfill your request.
    6.2. In some circumstances, we may need to make minor changes to the goods, services and/or digital content that you ordered. As these are minor changes and will not affect your use of the goods, services and/or digital content, we will not usually contact you about these. These minor changes are likely to be:

    • because we need to update the goods, services and/or digital content to implement a change in the law or a regulatory requirement; and/or
    • because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods, services and/or digital content.

    6.3. It is possible that, exceptionally, we may need to make a more major change to the goods, services and/or digital content. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.

  7. Digital content updates
    From time to time, we may need to update, or we may ask you to update, our digital content. We will ensure that even after this update, the digital content continues to match the description of it that was provided to you during the order process.
  8. Payment details
    8.1. The price of the goods, services and/or digital content will be the price set out in our price list at the time when you place your order, unless another price has been expressly agreed and confirmed [in writing] between us. Our prices include VAT at the current rate.
    8.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the price in your order, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the price in your order, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract section 15.1 of these terms and conditions will apply).
    8.3. Any costs for delivery of the goods, services and/or digital content and other costs associated with the goods, services and or/digital content will be the amounts set out in our price list at the time when you place your order .
    8.4. When you need to pay depends on whether what we provide you with is goods, services or digital content:

    • For one-off goods, you must pay for them before we deliver them to you;
    • For subscriptions to goods, you must pay monthly;
    • For one-off services, you must make a prepayment of 100% of the price before we begin to supply the services.
    • For one-off digital content, you must pay for it before you download it;
    • For subscriptions to digital content you must pay monthly.

    We accept payment by debit/credit card.
    8.5. If you do not pay us on time, we may charge you interest at the rate of 2% a year above the base rate of England from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send to you a statement of the interest you owe us to date, and the additional amount being added each day.

  9. Delivery and Collection of goods and digital content and supply of services
    9.1. Delivery and supply times will depend on whether you have ordered goods, services and/digital content and whether these are one-off, ongoing or subscriptions:

    • For one-off goods, unless we have agreed another date with you, we will deliver them within 30 days of the date on which we accepted your order;
    • For subscriptions to goods, we will provide the goods to you during the times as told to you during the order process until the contract is cancelled by you (see section 15) or by us (see section 16) or until we withdraw the goods (see section 17);
    • For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;
    • For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 15) or by us (see section 16) or until we withdraw the services (see section 17);
    • For one-off digital content, it will be available for download by you once your order has been accepted and you have made payment (see section 8 for information about payment);
    • For subscriptions to digital content, we will provide the digital content to you during the times as told to you during the order process until the contract is cancelled by you (see section 15) or by us (see section 16) or until we withdraw the digital content (see section 17).

    9.2. We will contact you if we are delayed in delivering the goods, services and/or digital content to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods, services and/or digital content that you have paid for but not yet received.
    9.3. If we cannot post the goods through your letterbox or no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to arrange the redelivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 16.2 below will apply.

  10. Suspension
    10.1. If something happens that means we must suspend the supply of the goods, services and/or digital content to you, for example:

    • to make minor technical adjustments or to resolve technical issues;
    • to update the goods, services and/or digital content to implement a change in law or any relevant regulatory requirement,
      then we will contact you to let you know.

    10.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods, services and/or digital content, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
    10.3. If we are going to suspend the supply of a good, service or digital content for more than 3 weeks then you may contact us to cancel the contract. We will provide you with a refund for the relevant good, service or digital content for which you have made payment but have not yet received.

  11. Responsibility for and ownership of goods
    11.1. You will be responsible for goods from the point at which we deliver the goods to you, or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
    11.2. You will only own the goods once we have received full payment for them.
  12. Your obligations
    12.1. We will inform you in the description of the goods, services and/or digital content in our brochure of information that we need from you in order
    to provide you with the goods, services and/or digital content. We will contact you to request this information.
    12.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 16.2 will apply), or we may charge you for the additional costs that we incur as a result.
    12.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, services and/or digital content, or if we do not provide any part of them to you.
  13. If there is a fault with the goods, services and/or digital content
    13.1. We hope that you are satisfied with the goods, services and/or digital content that we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 1.
    13.2. We must provide goods, services and/or digital content to you which meet your consumer rights.
    13.3. This section 13.3 provides you with a summary of your consumer rights if there is a fault with the goods, services or digital content that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on citizensadvice.org.uk or call 03454 04 05 06 or your local Trading Standards Department.

    • If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, you’re entitled to the following:
      • Up to 30 days: if your goods are faulty, then you can get an immediate refund
      • Up to 6 months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund in most cases
      • Up to 6 years: if your goods do not last a reasonable length of time, you may be entitled to some money back
    • If we have provided you with services, the Consumer Rights Act 2015 says:
      • You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it
      • If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable
      • If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time
    • If we have provided you with digital content, the Consumer Rights Act 2015 says that the digital content must be as described, fit for purpose and of satisfactory quality and:
      • If your digital content is faulty, you’re entitled to a repair or replacement
      • If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
      • If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

    13.4. If you decide to trigger your consumer rights to reject goods, then you must either post them back to us, or if the goods are not suitable for postage then allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.

  14. Our liability if you suffer loss or damage
    14.1. If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods, services and/or digital content to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
    14.2. If we provide you with digital content that is faulty and that damages your device, we will either repair the device or pay compensation to you.
    14.3. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods, services and/or digital content (a summary of which is set out in section 13.3) or for providing you with defective items under the Consumer Protection Act 1987.
    14.4. If we provide any advice to you, including in any instructions or manuals provided to you with the goods, services and/or digital content, then you should follow these carefully. We will not be liable to you for any damage which is caused due to your failure to follow such advice or instructions.
    14.5. We only provide goods, services and/or digital content for private and domestic use. We do not provide them for business or commercial use. If you do use the goods, services and/or digital content for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
  15. Your rights to cancel the contract
    15.1. If any of the following circumstances apply, you have the right to cancel this contract immediately:

    • we have informed you that there was an error with the price or the description of the goods, services and/or digital content when you placed the order, and you now do not wish to proceed based on the correct price or description;
    • we have informed you that we need to make a major change to the goods, services and/or digital content (see section 6.3) and you do not want to proceed with the change;
    • there is a significant delay in providing the goods, services and/or digital content to you, because of circumstances that are not within our control (see section 9.2);
    • we have informed you that we need to suspend the supply of goods, services and/or digital content to you, for any of the reasons set out in section 10.1, for more than one month; or
    • you have some other legal right to cancel the contract because of something we have done.

    If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)), then we will provide you with a refund for any goods, services and/or digital content that you have paid for but we have not yet provided, or we may provide you with a refund for any goods, services and/or digital content that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.
    15.2. If there is a fault with the goods, services and/or digital content that we have provided to you, please see section 13 of these terms and conditions.
    15.3. If you are cancelling the contract for any other reason that is not set out in section 15.1, including if you have changed your mind, then the contract will end immediately for any goods, services and/or digital content that you have not yet paid for.
    15.4. If you cancel the contract after we have dispatched goods then you must return the goods to us (by posting them back to us). If you cancel the contract because of circumstances set out in section 15.1 or because there is a fault with them (see section 13), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection which will be at your own cost.

  16. If you are cancelling the contract for any other reason which is not set out in section 15.1 or 15.2, then the contract will end immediately and we will provide you with a refund for any goods and/or services which you have paid for but not yet received. However, we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs which we incur due to you cancelling the contract.
  17. Our rights to cancel the contract
    16.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:

    • you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 8.4);
    • you do not allow us to deliver the goods to you and do not re-arrange delivery or collection of the goods (see section 9.3);
    • you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 9.4);
    • you do not provide us with information that we have requested from you within a reasonable time (see section 12.1).
  18. General
    17.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
    17.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
    17.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
    17.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
    17.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
    17.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts; and if you live in Northern Ireland, you can bring proceedings in Northern Irish or English courts.
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Alternatively, call us on +44 (0)207 193 1693 or email hello@healthpath.com