This page (together with the documents referred to on it) tells you the terms and conditions ("Terms & Conditions") on which:
If you do not agree to these Terms & Conditions, please refrain from using our site and will not be able to place any orders for Products or Services from our site.
The site is operated by Health Counter Limited ("We" or "Us"). Health Counter is a limited company registered in England and Wales. Registered Number: 06646711. Registered office: 5 Peterwood Park, Peterwood Way, Croydon, CR0 4UQ.
Access to our site is permitted on a temporary basis, and we reserve the right at any time to change or discontinue without notice, any aspect or feature of the site (see below).
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms & Conditions, and that they comply with them.
The Healthcounter site is only intended for use by people resident in the UK. We do not accept orders from individuals outside of the UK.
By placing an order for our Products or Services through our site, you warrant that:
Where our site contains links to other websites and resources provided by or Products or Services offered by third parties (whether affiliated with us or not) and including, without limitation the Online Doctor facility provided by Health Bridge Limited, these external links are provided for your information and convenience only. These third party websites are beyond our control and no representation or warranty is made that:
and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like informaiton about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
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, terms of supply and privacy policies. We accept no responsibility for them or for any loss or damage that may arise from your use of them.
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.
We will endeavour to ensure that TheHealthcounter.com is available 24 hours per day without any interruptions. However, we aim to update our site regularly, and may change the content at any time. We therefore reserve the right to make TheHealthcounter.com unavailable at any time or to restrict access to parts or all of TheHealthcounter.com without notice. If the need arises, we also reserve the right to close our site indefinitely. We will not be liable if for any reason our site is unavailable at any time or for any period.
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. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
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 or in accordance with these Terms & Conditions, 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.
You may use our site only for lawful purposes. You may not use our site:
You also agree:
By breaching some of these provisions, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works, TheHealthcounter.com, its style and structure, and the materials, information, Product information, Product data, photography, images, graphics, text, software and source code on the site are the copyright of TheHealthcounter.com Ltd and are protected by copyright laws and treaties and other intellectual property rights around the world. All such rights are reserved and may not be used by you except as expressly provided in these Terms & Conditions. 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 you may print off or electronically copy one copy of any page(s) of our site for the sole purpose of placing an order with TheHealthcounter.com Ltd. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
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.
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.
We may from time to time provide interactive services on our site, including, without limitation: social networks, chat rooms, bulletin boards, discussion forums, blogs, wiki, customer reviews and comments, articles with public comments.
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
If an Interactive Service is moderated:
We are, however, under no obligation to you or any other person to oversee, monitor or moderate any Interactive Service we provide on our site or any other site and may stop moderating the Interactive Service. We expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our Content Standards, whether the service is moderated or not.
The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
If you wish to complain about any Contribution posted on our site, please Contact Us. We will then review the Contribution and decide whether it complies with the Content Standards. We will deal with any Contribution which, in our opinion, violates the Content Standards.
users of our site (including via the use of our Interactive Services ), you must comply with the Content Standards set out in these Terms & Conditions. You warrant that:
illegal, obscene, abusive, threatening,
We reserve the right (but not the obligation) to remove or edit any content, material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards set out in these Terms & Condtions.
If you do post content or submit material to our site (including any Contribution) this will be considered non-confidential and non-proprietary, and unless we indicate otherwise, you:
grant us and sub-licensees the right to use the name that you submit in connection with such content, if we or they choose;grant us the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We may exercise all copyright and publicity rights in the material contained in your content, material or Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that 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.
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.
Please also note that, in accordance with the Content Standards, you must ensure that your content, material or Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your content, material or Contribution to our site, you are warranting that you have the right to grant us the non-exclusive copyright licence described above. If you are not in a position to grant such a licence to Us, please do not submit your content, material or Contribution to our site.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. Furthermore, 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.
We will determine, in our discretion, whether there has been a breach of this term or of our Content Standards. When a breach has occurred, we may take such action as we deem appropriate, including (without limitation) taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this term.
These content standards apply to any and all material which you contribute to our site ("contributions"), and to any Interactive Services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
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, &, 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.
You may place an order to purchase a Product or Service 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 or Service. 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 or Service being delivered (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 or Services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products or Services which may have been part of your order until the dispatch of such Products or Services 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:
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.
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.
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.
The price of any Products or Services 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 outside the UK, 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 before placing your order. 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. We will not be liable for any breach by you of any such laws. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
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 ourReturns Policy.
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 our Returns Policy which can be found on our site.
Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.
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 may therefore communicate with you by email or provide you with information 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.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or by posting notices on the site. Notice will be deemed received and properly served immediately when posted on our site, 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.
If any of these Terms & Conditions is declared invalid, unlawful or unenforceable to any extent by any court or competent authority, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
If you experience problems with ordering from the site, have any questions with regard to an order or have any concerns about material which appears on our site, please feel free to Contact Us.
These Terms & Conditions were last updated in April 2012.