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Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions (Terms & Conditions) on which we supply any of the products (Products) listed on our website www.TheHealthcounter.com (the Site) to you. Please read these Terms & Conditions carefully before ordering any Products from our website ("www.TheHealthcounter.com"). You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions. You can print a copy of these Terms & Conditions by selecting the print option from the "File" menu of your browser. You should also read our Privacy Policy.

Information About Us

The Site is operated by TheHealthcounter.com Ltd (we/us). TheHealthcounter.com is a limited company registered in England and Wales. Registered Number: 6646711. Registered office: Hill House, 41 Richmond Hill, Bournemouth, Dorset, BH2 6HS.

We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Site. External links are provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content is at your own risk. When visiting external links you must refer to that external website's terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to the Site without our express prior written permission. Please contact us if you would like to link to the Site or would like to request a link to your website.

Availability of TheHealthcounter.com

We will endeavour to ensure that TheHealthcounter.com is available 24 hours per day without any interruptions. However, we reserve the right to make TheHealthcounter.com unavailable at any time or to restrict access to parts or all of TheHealthcounter.com without notice. TheHealthcounter.com is a general information service. We will endeavour not to make it misleading, but we cannot guarantee that the information accessible on or via TheHealthcounter.com is accurate, not-misleading, complete or up to date.

Use of TheHealthcounter.com

TheHealthcounter.com is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell TheHealthcounter.com or any materials or information in TheHealthcounter.com or the structure, overall style and program code of TheHealthcounter.com without our consent. If you wish to make a request for consent, please contact webmaster@TheHealthcounter.com.

Your Contributions

You agree to only use TheHealthcounter.com for lawful purposes and that any information that you provide in connection with, or which forms part of, TheHealthcounter.com will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the TheHealthcounter.com.

Links

TheHealthcounter.com includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to TheHealthcounter.com you may only do so at http://www.TheHealthcounter.com. Details of our linking arrangements may be obtained from webmaster@TheHealthcounter.com.

Data Protection

It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may come into contact with using the TheHealthcounter.com. For information & a description of how we use your personal data, please see our Privacy Policy.

Intellectual Property

TheHealthcounter.com, its style and structure, and the materials and information on the Site are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in these terms and conditions.

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You are responsible for all activities that occur under your account or password. You must take all necessary steps to ensure that your password is kept confidential and secure and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being , or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the 'My Account' area of the Site.

We reserve the right to refuse access to the Site, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Reviews, Comments, Communications and other Content

You may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, but these must not be illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content. If you do post content or submit material, and unless we indicate otherwise, you:

1. grant us a non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
2. grant us and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

The rights you grant above shall be irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents at our request.

You warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to us: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable law, policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.

Our Liability

We shall not be liable to you for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network. Except as expressly provided, unless you are dealing as a consumer. we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

Save as provided below, unless you are dealing as a consumer, we will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with your use of the Site for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.

Unless you are dealing as a consumer our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising shall be limited to £50. Notwithstanding any other provision, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.

All content of this Site is for information purposes only and is not a substitute for professional medical advice, rather it is designed to support, not replace, the relationship between you and your healthcare providers. You should make sure that you carefully read all product packaging and labels prior to use. If you have, or suspect you may have a health problem you should consult your doctor. Please consult your doctor before taking any new product, particularly if you are already under medical care.

Small Print

You may not transfer any of your rights or delegate any of your obligations without our prior written consent. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in these terms and conditions shall confer on any third party any benefit or the right to enforce any term. NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "Proceed to Secure Payment" button on the "Order Confirmation" page. At this point you will be asked for the 'Card Holder Details' and 'Payment Details', your order is not confirmed until the 'Submit Transaction' button is clicked within the 'Payment Area'.

After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving an order number and a summary of 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 will only be formed when we send you the Dispatch Confirmation.

Our contract with you 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.

We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.

We may be unable to process your order if:

1. the Product you ordered is out of stock or discontinued; or
2. there is a problem with authorisation of the payment on your credit card.

We do not sell Products for purchase by children. If you are under 18, you may use our Site only with the involvement of a parent or guardian.

Delivery

We will deliver the Products to you in accordance with the delivery option specified by you when you placed our order (e.g. express or standard delivery).

We may deliver all Products comprised in your order in one delivery or in different deliveries. We will deliver directly to the delivery address specified in your order. Please see Delivery Information for details of where we deliver and the available delivery options. We cannot deliver items within the same order to multiple addresses. Deliveries will be made to your door. We are not responsible for any additional carrying or positioning of products ordered.

Risk and Ownership

Once delivered, the Products ordered become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept and liability for their loss, damage or destruction after they have been delivered.

Ownership of the Products will only pass to you on: delivery of the Products to you; or us receiving full payment of all sums due in respect of the Products, (including delivery charges) whichever is the later.

Price and Payment

The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options as set out in Delivery Information. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the "Order Summary" page.

By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

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 rectify any such errors as soon as possible once we become aware of them. If a Product's correct price is different from 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.

When ordering Products for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs officer for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.

OUR CANCELLATION, RETURNS AND REFUND POLICY

Except in relation to the Products specified in the next paragraph, you may cancel your order (or any part of it) at any stage before the Products are delivered to you, and up to 14 days afterwards. You may do so by simply returning the Products in accordance with our returns policy and the provisions below or by contacting our Customer Services team at help@TheHealthcounter.com or on 0800 072 7741.

You may not cancel your order if the Products consist of perishable items, such as food items, or there are health and safety or hygiene issues, relating to products such as medicines and sanitary products, unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.

Where you decide to cancel an order after we have dispatched the Products, you will be under a duty to return them to us at your own risk. All such Products should be returned within 14 days after the Products have been delivered to you. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused (except to the extent reasonably necessary to examine them), and in the same condition in which you received them together with the original Product packaging, by one of the means set out in our Returns Procedure.

After you cancel your order and return the Products, any sum debited by us to your credit/debit card will be refunded in full. We 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. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of you cancelling your order.

If any Product you purchase is damaged, faulty or incorrect, when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should return the Product to us in accordance with the Returns Procedure. If you have any questions regarding returns, please Contact Us.

Our policy on cancellations, returns and refunds does not affect your statutory legal rights.

Please read and our Returns Policy of which can be found on our website.

Notices

Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.

When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

General

If any of these terms and conditions is declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these terms and conditions and the remaining provisions shall remain in full force and effect.

We have the right to revise and amend these terms and conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these terms and conditions.

You and we agree that English law applies to these terms and conditions and that any dispute between us arising out of or in connection with these terms and conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. Purchases can be concluded in English only.

Contact Us

If you experience problems with ordering from the Site or have any questions with regard to an order, please feel free to Contact Us.

Updates

These terms and conditions were last updated in October 2009.

Copyright

Information, Product information, Product data, photography, images, graphics and text including our software and source code for this website are copyright of TheHealthcounter.com Ltd. All rights are reserved. No part of the web site may be reproduced in any form or by any means without the prior written consent of TheHealthcounter.com Ltd with the exception that parts of the web site may be electronically copied or printed for the sole purpose of placing an order with TheHealthcounter.com Ltd.

All trademarks are acknowledged as or registered trade marks of their owners. TheHealthcounter.com Ltd name and logo and all related product and service names are the trade names, service marks or trademarks of TheHealthcounter.com Ltd and may not be used without prior written consent.