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, BMR Ltd, Parkmore Business Park West, Galway, H91 NHT7
2. Your Status
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 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 Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch 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 Dispatch Confirmation.
4. Consumer Rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working 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 and return the Product(s) to us immediately, 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 Dispatch Confirmation. This provision does not affect your statutory rights.
5. Availability and Delivery
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 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.
6. Risk and Title
6.1 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.
6.2 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.
7. Price and Payment
7.1 All prices shall be payable in the currency quoted.
7.2 The price of any Products will be as quoted on our site, except in cases of obvious error. These prices include VAT but exclude delivery costs, where relevant.
7.3 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 Dispatch Confirmation.
7.4 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.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
7.6 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.
8. Description of Products
8.1 All Products are supplied subject to reasonable availability to us of suitable materials and we reserve the right, with notice, to substitute suitable materials.
8.2. 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.
8.3 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.
9. Complaints and Refunds
9.1 No complaint in respect of the Products shall be considered by us unless the complaint is received in writing by us within fourteen days of delivery.
9.2 You shall not be entitled to return any of the Products supplied by us unless covered by the eight-week 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 10 below). When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund 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 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.
9.3 Where a complaint has been made in accordance with the provisions of this clause and we agree that the goods are faulty due to defective workmanship, we shall at our option either:
(a) repair the goods; or
(b) when the defective goods have been returned deliver replacement goods, or
(c) cancel the agreement forthwith.
9.4 In agreeing to take such action, we shall specify whether the cost of such action shall be borne by us or by you or partly by us and partly by you.
9.5 For the purpose of paragraph 9.1, time shall be deemed to be of the essence.
9.6 Products returned by you within the seven-day cooling-off period (see paragraph 4.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
10. Our Liability
10.1 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 years from the date of delivery to you.
10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.3 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).
10.4 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.
11. Import Duty
11.1 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.
11.2 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.
12. 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 Customer Service Department PO Box 5179, Hoboken NJ 07030. 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 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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.
14. Transfer of Rights and Obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 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.
15. Force Majeure
15.1 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).
15.2 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 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.
15.3 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.
16.1 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.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 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 13 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.
18. Entire Agreement
18.1 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.
18.2 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.
18.3 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.
19. Our Right To Vary These Terms and Conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 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 Dispatch 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 seven working days of receipt by you of the Products).
20. Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by the laws of the Republic of Ireland. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.