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Conditions of Use

Terms and Conditions

Agreement between User and Kinetic Enterprises Limited

This website is operated by the Kinetic Enterprises Limited, with registered number 02565441 and registered address at 24 Bedford Row, London, WC1R 4TQ, UK (“we”, “us” and “our”). Our website(s) (the “Site”) are offered to you conditioned on your acceptance of these terms.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THIS SITE. By accessing or using this Site, you agree to these terms and any other documents referred to in these terms, all of which will form a legal contract between us and you. If you do not agree to these terms you may not use this Site.

Modification of these Terms

We reserve the right to change these terms from time to time. Your use of the Site will be subject to the most recent version of the terms available on this Site so we recommend that you regularly review these terms.

If you are an existing customer we will email you and give at least one month’s written notice of any changes to these terms before they take effect. You can choose to cancel your order in accordance with these terms and our Shipping and Returns Policy available here.

Use of Site. Personal and Non-Commercial Use Limitation

You warrant that you are 18 years old or over [and a resident in the United Kingdom or Ireland]. Unless otherwise specified, the Site is for your personal and non-commercial use and the Products are intended to be distributed only in the [EU/United Kingdom and Ireland]. We do not accept orders from or deliver to addresses outside of these territories. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. In addition, you may not remove any copyright or other proprietary notices contained in the material on the Site. The Site is currently made available to you free of charge, but we reserve the right to charge for access to the Site in future. We will give you reasonable notice before implementing any charges.

Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.

If you have created an account, you agree that you will provide accurate, current and complete information about yourself, and maintain and promptly update your personal information contained in your account profile. For more information about how we will use your personal information please see our Privacy Policy available here.

If you have created an account, you agree not to share your account password and to keep your password confidential.

You are responsible for making all arrangements necessary for you to have access to the Site.

Complaints or Queries

If you have any queries or complaints about the Site, please contact us using the information available on the Contact Us page of the Site.

Security

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attach or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Harassment in any manner or form on the Site, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including our employees, host, or representative or other members or visitors on the Site is prohibited.

Data Protection and Privacy

To purchase our products made available on the Site, you will be required to provide personal information about yourself (including your name, billing and delivery addresses, telephone number, email address and payment details). Any personal information that we collect from you as you browse and use the Site will be used in accordance with our Privacy Policy and you consent to such use by accepting these terms. For more information about the data we collect from you and how we use it please see our Privacy Policy available here.

Price, Payment and Availability

All products are subject to availability.

The images of the products on the Site are for illustrative purposes only.

Please check that the details in your order are complete and accurate before you submit the order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.

When you submit any order to us, this does not mean we have accepted your order for the product(s); all orders are subject to availability and confirmation of the order price. Payment will be taken once the order has been accepted and you will receive an email confirming that your order has been accepted.

All fees are inclusive of VAT (if applicable). Delivery charges are in addition and will be added to the cost of your order, which will be clearly displayed to you on the Order Confirmation page.

You may only pay using the methods of payment displayed on the payment page; no other methods of payment will be accepted. [Payment will be in pounds sterling (£) only].

You may make a change to your order at any time before we dispatch the products by contacting us. Where this means a change in the total price of the products, we will notify you of the amended price in writing. In these circumstances, you can choose to cancel the order in accordance with these terms.

Delivery, Cancellation and Refunds

Our charges for delivery can be found in our Shipping and Returns policy available here.

We will make reasonable efforts to avoid any delay in the dispatch of your product(s), however we will not be liable for any delays resulting from postal delays or any events outside of our reasonable control (please see the section on Availability below).

If no one is available at your address to take delivery, we will leave you a note that the product(s) have been returned to our premises or at our carrier’s nearest location, in which case, please follow the instructions in the delivery note or contact us to rearrange delivery.

If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will contact you and we will deliver the order in instalments. We will not charge you extra delivery costs for this.

Delivery of an order shall be completed when we deliver the product(s) to the address you gave us and the product(s) will be your responsibility from that time.

You own the product(s) once we have received payment in full.

As a consumer, you have legal rights in relation to products that are faulty or not as described. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms shall affect your statutory rights. For more information please see https://www.citizensadvice.org.uk/.

If you change your mind: You will be entitled to a full refund if you change your mind about your order within 14 days of receiving your product(s). Please note that we will not be able to provide you with a refund for products where the hygiene seal has been removed. Wherever possible, we politely ask that you return the product(s) with any labels, in its original packaging (or suitable alternative packaging if this is not possible) and with a copy of the applicable invoice.

Before the products are delivered: Before the products are delivered, you have the following rights to cancel an order including where you choose to cancel because we are affected by an event outside of our reasonable control or we change these terms to your material disadvantage:

- you may cancel any order for products at any time before we dispatch the products or by contacting us. We will confirm your cancellation in writing;

- if you cancel an order prior to dispatch and you have made any payment in advance for products that have not been delivered to you, we will refund these amounts to you and any delivery charges;

- unfortunately, if you cancel an order prior to dispatch and we have already despatched your product(s) to you, we will not be able to cancel your order until it is delivered. In this case, if you return the product(s) to us, you will have to pay the cost of returning the product(s) back to us. This will not affect your refund for the product(s) and any standard delivery charges.

Failure to deliver: If we miss the delivery deadline (as set out in your order confirmation) for any products then you may cancel your order straight away if we have refused to deliver the products, delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to cancel your order straight away, or do not have the right to do so under this clause, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline. If you do choose to cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. 

Defective, damaged or incorrect products: In the unlikely event that a product you ordered is defective, damaged or incorrect please follow the process outlined below for returning a product or contact us using the contact details available on the Contact Us page of the Site.

Process: To cancel your order please log into your account, view the order using the “Complete Orders” link under “My Account” and click the “Return Item(s)” button. Once you have informed us that you wish to cancel your order, you must return the product(s) to us within 14 days. 

Our address for any returns is Kinetic Enterprises Limited, Units 1, Central Park, Central Way, London, NW10 7FY, UK. Alternatively, please call customer services on 0845 0725825 or email us at sales03@kinetic4health.co.uk to arrange collection.

Delivery costs: Once we have received the returned product(s), we will reimburse you the cost of your order (including delivery charges) within 14 days, or if earlier, within 14 days from the day you provide evidence that you have returned the product(s) to us.

We will only make refunds to the same method of payment which you used to make your purchase.

For more information, please see our Shipping and Returns Policy available here.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Site. 

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own non-commercial use and place an order with us to purchase products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without our prior written permission is strictly prohibited. If you copy or use any part of the Site made available through it in breach of these terms, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.

Typographical Errors

We will use our reasonable endeavours to ensure that all prices and details of the products listed on the Site are correct, however errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the order with the correct price, or cancelling the order and receiving a full refund. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect order as cancelled, and you will receive a full refund.

Links to and from the Site

You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Site in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in any way.

Availability

We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to operate the Site, or supply products to you due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour, materials or a failure of public or private telecommunications networks.

If an event outside of our reasonable control takes place that affects the performance of our obligations under these terms we will contact you as soon as reasonably possible to notify you and if you have made any payment in advance for products that have not been delivered to you, we will refund these amounts to you. Our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.

You may cancel the contract if an event outside of our reasonable control takes place and you no longer wish us to provide the products. Please see your cancellation rights under the Delivery, Cancellation and Refunds section above. We will only cancel the contract if the event outside of our reasonable control continues for longer than 4 weeks in accordance with our cancellation rights in the Delivery, Cancellation and Refunds section above.

Disclaimer

We make no warranties or representations whatsoever about the accuracy, availability or completeness of the Site's content and we do not guarantee that the Site will always be secure or free from bugs or viruses.

Special Offers

All our special offers and deals are for exclusive use and are not valid for use in conjunction with any other discounts or promotional codes.

Limitation of Liability

You acknowledge that the Site has not been developed to meet your individual requirements. You agree not to use the Site for resale purposes.

We only supply the products for domestic and private use. You agree not to use the products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

Nothing in these terms excludes or limits our liability for:

- death or personal injury caused by our negligence; 

- fraud or fraudulent misrepresentation;

- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

- breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); 

- defective products under the Consumer Protection Act 1987; or 

- any other liability which cannot be excluded or limited by law.

Applicable Laws

Your use of this Site shall be governed in all respects by your local law and the jurisdiction of your local courts. 

General

These terms do not create or infer any rights that are enforceable by any person who is not a party to them.

We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if we agree in writing.

If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

Each of these terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.

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