Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. All sales are subject to the terms and conditions set out herein and any additional or different terms proposed by you are hereby objected to and shall be of no effect, unless accepted in writing by us.
You should print a copy of these terms and conditions for future reference.
1. Information About Us
1.1 www.slendertone.com is registered in the Republic of Ireland under company number 152947 and with our registered office at Slendertone, Bio-Medical Research Ltd, Parkmore Business Park West, Galway, H91 NHT7, Ireland.
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least eighteen (18) years old.
3. How the Contract is Formed Between You and Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Shipment Confirmation). The contract between us (Contract) will only be formed when we send you the Shipment Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Shipment Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.
4. Consumer Rights / Cooling Off Period
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) calendar days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 9 below) subject to prompt return by you of the Products in question. Your refund will be issued upon receipt of the returned order in our warehouse.
4.2 To cancel a Contract, you must inform us in writing by sending us an email to email@example.com and return the Product(s) to us immediately (within fourteen (14) calendar days of the date when you communicate to us that you are exercising the cooling off period), in the same condition and packaging in which you received them, and at your own cost and risk.
4.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Shipment Confirmation. This provision does not affect your statutory rights.
5. 60-Day Money Back Guarantee
All Slendertone products (excluding opened packs of gel pads and batteries) come with a 60-day Money Back Guarantee period which gives you great peace of mind.
We offer a full refund of the purchase price for products returned to us within 60 days, beginning on the day after you received your product. This guarantee is subject to the terms detailed below: -
- If you wish to return your product during the first 14 days after you have received the product (the “14-day Cooling Off Period”), you are entitled to do so and we will not charge you any return processing fees. See paragraph 4 for further details.
- If you wish to avail of the 60-day Money Back Guarantee, once the 14-day Cooling Off Period is over, we will charge you a return processing fee of €9.95. The return processing fee will be deducted from your refund. (For clarity, if returning a product within the 14-day cooling off period a return processing fee will not be deducted. If returning a product between 15 and 60 days following your purchase a processing fee of €9.95 will be deducted from your refund.)
- The 60-day Money Back Guarantee only applies to Slendertone products (excluding opened packs of gel pads and batteries) purchased directly from us at www.slendertone.com and if you want to avail of it, the products must be returned to us directly. The return address will be advised by our Customer Care Team.
- Shipping costs are non-refundable.
- Slendertone products purchased from other retailers are subject to those retailers’ refunds and returns policy.
- All returns require an authorisation number which is issued by our Customer Care Team. To obtain an authorisation number please contact us.
- Any products returned to us without an authorisation number will not be refunded.
- All products are your responsibility until they are received by us, therefore we recommend that you use a secure and traceable shipping method. If we do not receive your returned product(s), you will need to file a claim with the postal service directly.
- All products returned to us for a refund must be returned at your own cost.
6. Availability and Delivery
6.1 Your order will be fulfilled by the delivery date set out in the Shipment Confirmation or, if no delivery date is specified, then within thirty (30) days of the date of the Shipment Confirmation, unless there are exceptional circumstances.
6.2 Failure by us to deliver the Products within the agreed time period shall not amount to a breach of contract by us and you shall not be entitled to damages or other compensation or to cancel any contract by reason of such failure to deliver. Where technical or other queries requiring your approval cause the processing of the Product to be delayed, the delivery time is automatically extended by the time taken to answer such queries.
7. Risk and Title
7.1 As and from shipment, you are responsible for any loss or damage to or deterioration in the Products from whatever cause arising, unless otherwise agreed in writing by us.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges where relevant.
8. Price and Payment
8.1 All prices shall be payable in the currency quoted.
8.2 The price of any Product will be as quoted on our site, except in cases of obvious error. These prices include VAT but exclude delivery costs, where relevant.
8.3 All prices quoted are subject to alteration or withdrawal from time to time without notice, but changes will not affect orders in respect of which we have already sent you a Shipment Confirmation
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Shipment Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
8.6 Payment for all Products must be made by credit/debit card or any other payment mechanism made available on the site. We will require payment for the full amount on confirmation of your order.
9. Subscription Terms for Slendertone Pads
We provide a Subscription service for Slendertone gel pads for customers in accordance with the following terms and conditions.
9.1 A Subscription is deemed to be submitted by you if you have an active account on the date you are due to be billed. We will notify you in advance by email of any future orders and billings and you will be given the option to pause, cancel or skip an order as part of the Subscription Service by logging into the “Manage Subscription” page on our website.
9.2 Your submission of an order as part of the Subscription service amounts to an offer to enter into a contract with us to buy Slendertone gel pads from us, in accordance with the terms of paragraph 3.
9.3 By signing up to the Subscription service, you agree to us taking payment for the Slendertone pads during the chosen timeframe. You confirm that unless you have paused, cancelled, or skipped an order in the “Manage Subscription” page on our website, that we can take payment and proceed with your order for Slendertone gel pads.
9.4 All Subscriptions are charged on your scheduled billing date. We will notify you in advance by email of any future order date and billings. You can access your payment information in the “Manage Subscription” page on our website, which gives you the option to change your payment information prior to any charges being taken.
9.5 You can withdraw from the Subscription service at any time prior to the acceptance of an order by us and the issue of the Shipment Confirmation pursuant to paragraph 3 above. You can withdraw from the Subscription service by updating your information in the “Manage Subscription” page on our website.
9.6 You are responsible for ensuring that any change to an order or your withdrawal from the Subscription service is issued and received by us on time prior to the despatch of an order. Where your instruction is provided by you too late, you may not be eligible to return the Products and receive a refund.
9.8 We may refuse any application to join our Subscription service for any reason whatsoever.
10. Description of Products
10.1 All Products are supplied subject to reasonable availability to us of suitable materials and we reserve the right, with notice, to substitute suitable materials.
10.2. All drawings, specifications, brochures, catalogues, labels, price lists and advertising matter are intended merely to present a general idea of the goods or services provided by us and are not intended thereby to constitute a sale by description nor shall they form part of any contract.
10.3 All drawings and specifications are and shall remain our property and must not be copied, reproduced or divulged either directly or indirectly to any other person without our prior written consent.
11. Complaints and Refunds
11.1 No complaint in respect of the Products shall be considered by us unless the complaint is received in writing by us within fourteen (14) days of delivery. No complaint in respect of the delivery of Products shall be considered by us unless the complaint is received in writing by us within twenty-eight (28) days of delivery.
11.2 You shall not be entitled to return any of the Products supplied by us unless covered by the fourteen (14) day cooling off period, the 60-Day Money Back Guarantee or the Products are found to be defective in workmanship or materials during the two (2) year warranty period (referred to at paragraph 12 below). You shall be responsible for all shipping costs to return the Product to us during the fourteen (14) day cooling off period and the 60-Day Money Back Guarantee. When you return a Product to us (for instance, because you have cancelled the Contract between us during the fourteen (14) day cooling off period or the 60-Day Money Back Guarantee, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund (for the price paid for the Product) via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we received your cancellation, or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
11.3 Where a complaint has been made that a Product* is defective and we agree that the goods are faulty due to defective workmanship, we shall at our option, following the return of the defective Product either: (a) deliver a replacement Product, or
(b) cancel the agreement forthwith and provide a refund for the cost of the Product purchased from us, provided the Product has: -
- been used for its intended purpose and in the manner described in the instruction manual that was included with your product
- not been connected to an unsuitable power source
- not been subjected to misuse or neglect
- not been modified or repaired.
The provisions in this paragraph do not affect your statutory rights as a consumer.
* Excluding consumables (e.g. gel pads, batteries, belts, USB cables, accessories, etc.), which are subject to normal wear and tear.
11.4 For the purpose of paragraph 11, time shall be deemed to be of the essence.
11.5 Products returned by you within the fourteen (14) day cooling-off period and the 60-Day Money Back Guarantee (see paragraphs 4 and 5 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for any costs associated with returning the Product to us.
12. Our Liability
12.1 We warrant to you that any Product purchased from us through our site is of merchantable quality and will comply with specifications in accompanying documentation and will be free from defects in design, materials and workmanship for a period of two (2) years from the date of delivery to you.
12.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
12.3 The exemptions from the provisions of Sections 13, 14 and 15 of the Sale of Goods Act (as inserted by Section 10 of the Sale of Goods and Supply of Services Act 1980 ("the 1980 Act ") contained in this Clause shall, in all cases other than a contract for the international sale of goods (as defined in the 1980 Act) be subject to the restrictions on such exemptions contained in Section 55(4) of the 1893 Act (as inserted by Section 22 of the 1980 Act).
12.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13. Import Duty
13.1 If you order Products from our site for delivery outside the European Union, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Slendertone, Bio-Medical Research Ltd, Parkmore Business Park West, Galway, HP19 NHT7, Ireland. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 14. Notice will be deemed received and properly served immediately when posted on our website, twenty-four (24) hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of Rights and Obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, including any Product warranty or guarantee rights without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Force Majeure
17.1 Without prejudice to the generality of any previous exclusion or limitation of liability, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21. Our Right To Vary These Terms and Conditions
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Shipment Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within five (5) calendar days).
22. Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by the laws of Ireland. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Ireland.
Last Review: 20/08/2021