Terms & Conditions - Tens MED
Tens MED: TERMS & CONDITIONS OF BUSINESS
By ordering goods and/or services from us you are deemed by us to have knowledge of and to have accepted that, except insofar as they are varied in writing by a Tens MED, these express Terms and Conditions will (a) apply, and (b) prevail, if applicable, over your terms, conditions and stipulations.
Nothing in these Terms & Conditions affect your statutory rights relating to faulty or misdescribed goods or your right to cancel orders under the Consumer Protection (Distance Selling) Regulations.
2. Ownership of Goods – Title & Risk
We remain sole and absolute owner of the goods and Title to them remains with us until our account has been settled in full, but Risk in the goods passes to you upon dispatch – see 3, 4 and 5 below. Title does not pass by reason of our delivery of the goods or your acceptance of the same.
3. Loss & Damage
Please examine and test the goods upon receipt and advise us within seven days of any damage or deviation from the order you placed with us. We cannot accept a claim once seven days has passed as after this date the goods in question shall be deemed to be of merchantable quality and in accordance with your requirements, and you shall be bound to pay for the same.
Please examine and test the goods as soon as reasonably possible after delivery and notify us of any fault or damage.
4. Hire Goods
Goods which you hire from us are your responsibility while On Hire to you. We will require you in respect of any goods lost, damaged or not returned promptly upon expiry of the Hire Period or any authorised extension thereof to pay the full price of the item(s) concerned, less any hire charge already paid.
We will make refunds only in the following circumstances:
6.1 Cancellation of a Hire Reservation – We can accept a reservation cancellation prior to the dispatch of the hire goods, in which case any prepayment will be refunded in full. See also 6.2 below.
6.2 Hired but not used – Once hire goods have been dispatched for a period of more than 8 days even if they are not used, the hire charge cannot be refunded. Exceptions - if within 7 days of receiving the hired items the customer gives written notice to Tens MED by email or in a letter, that they wish to cancel and return the products for a refund then all returned products must be returned unused in the original packaging with electrodes seals in place and in a saleable reusable condition, once received back and inspected a full refund will be given as long as the products returned to us are in a fully resalable unused condition, we reserve the right to refuse a refund on the item, or deduct up to 25% of the original selling price from the refund amount.
6.3 Buying - Tens machines are usually delivered within 3 working days but, Please allow 10 working days for delivery . Refunds for purchases - if within 7 days of receiving the purchased items the customer gives written notice to Tens MED by email or in a letter, that they wish to cancel and return the products for a refund then all returned products must be returned unused in the original packaging with electrodes seals in place and in a saleable reusable condition, If we find that the products has not been returned to us in fully resalable condition, we reserve the right to refuse a refund on the item, or deduct up to 25% of the original selling price from the refund amount.
6.4 Priority Hired Tens machines are sent same working day (Monday to Friday) if ordered before 2.45pm, they are sent via Special Delivery and should arrive next working day (Mon-Fri), however we cannot be held responsible in the event that it takes any longer to arrive, as once it has left us we are in the hands of the Royal Mail, please allow 48hrs before contacting us, we will only refund the additional cost of the priority service, if there is any industrial action by the postal service, that results in the parcel being delayed.
6.5 Consumables – Refunds will be made in respect of consumables / electrodes with seals intact (i.e. visibly unused) received in good condition by us, used consumables are not resalable and therefore will not be refunded if product seals are broken.
Supplies to a handicapped person, defined by the Chronically Sick & Disabled Act 1970 as someone blind, deaf, dumb or substantially and permanently handicapped by illness, injury or congenital deformity, are eligible for VAT relief. To obtain supplies on a zero-rated VAT basis you must complete and sign a VAT Exemption Form Click Here. We reserve the right to charge VAT at the standard rate if we are not in possession of a completed form at the time of invoicing but we usually are prepared to invoice ex-VAT if you advise us that you are eligible for VAT relief. In these circumstances it is your responsibility to obtain an Exemption Form from us, if one has not been enclosed herewith, which should then be completed, signed and returned forthwith. We reserve the right to retrospectively charge the VAT plus an Administration Fee of £10+VAT if our accounts department is not in possession of a VAT Exemption Form within two weeks of invoice date.
8. Payment Terms
Prices are quoted exclusive of VAT. Unless otherwise agreed in writing payment for goods together with applicable taxes is due, with time strictly of the essence, upon the earlier of (a) one calendar month from delivery; or (b) the expiry of a Trial evaluation period.
9. Late Payment - Interest Charges & Other Remedies
If payment is not made on or by the due date we will be entitled without further notice each month or part thereof to charge you interest on the overdue amount at the greater of 2% or £10, without prejudice to any other remedy which we may have.
Unless a different period is declared, all goods are guaranteed for one year from invoice date, or delivery if later.
Your statutory rights are not affected.
11. Credit/Debit Card Payments
If you are a Mail Order customer your credit/debit card will be debited before dispatch of your goods. Should any item amongst these be On Trial and the subject of a deposit, only the deposit will be debited upon dispatch. The balance will only be debited (a) if you advise us that the Trial was satisfactory, or (b) if you fail to return the item upon or before the expiry of the Trial period, as we will take this to mean that you wish to retain and pay for it.
12. Returning Goods
You are responsible:
12.1 for the cost of returning anything to us unless the item is faulty; and
12.2 for any damage or loss to the goods until we receive them.
We therefore recommend that goods to be returned by mail are sent by Registered Post, a Royal Mail service offering full compensation and guaranteed delivery. Recorded Delivery is a cheaper option but we do not recommend this as compensation is limited and delivery is not guaranteed. In any event, you should ask for a free-of-charge “Certificate of Posting” and keep this for a minimum of three months.
13. Patents, Registered Designs, Copyrights & Trademarks
Regardless of whether or not our products and designs are protected by patent, registration, copyright, trademark or other legal device you agree that except with our prior written permission you will not:
13.2 copy; and/or
13.3 derive commercial advantage from our products or designs or from any characteristic, aspect, feature, part and/or property of our products or designs.
14. Third party accessories
Our stimulators are only CE approved for use with our lead wires and our electrodes. We do not permit our stimulators to be used with lead wires and/or electrodes supplied by third parties even if CE approved, and you agree not to use third party accessories.
15. Intended Purpose of Use
Our stimulators are for your personal use or for commercial resale through a distribution channel where the end users purchase the units. You agree not to hire out our stimulators, nor to supply them along a distribution channel where the end users hire rather than purchase the units.
16. No Waiver
A failure by us at any time or for any period to enforce any one or more of the Terms and Conditions shall not be a waiver of the right to enforce such Terms and Conditions on a future occasion.
17. Headings and Singularities/Pluralities
The headings used in these Terms & Conditions are for convenience only and have no legal effect. Singulars and Plurals are interchangeable as circumstances require.
18. Governing Law & Jurisdiction
All matters arising out of the relationship between you and us shall be interpreted or construed in accordance with English Law and you and we agree to submit to the jurisdiction of the English courts.
19. The success of TENS is neither guaranteed or implied.
20. The TENS unit will be supplied to the best of our ability in perfect working order ready for use. All rental units are tested immediately prior to dispatch.
21. Only one price discount offer at a time will apply. Customers using an NHS discount code are not entitled to additional discounts.
22. Free Shipping & Free Return Postage is to the UK & N.Ireland Only
23. Free Return postage is only given for a hired Tens Machines return and faulty products return.
24. A TENS machine should only be used in accordance with the instructions provided and only by the Customer named on the submitted order form.
Where the words we and us are used this shall refer to “Tens MED” the owners and operators of this website.
TENS MED is the trading name of Mr J Davies Business Address Tens MED The Barn, Landimore, Swansea. SA3 1HD
Ofcom's website and material relating to information, products and services (or to third party information, products and services), is provided 'as is'. It is provided without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We do not accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website. We do not warrant that the functions contained in the material in this site will be uninterrupted or error free. Also, we do not warrant that defects will be corrected, or that this site or the server that makes it available is free of viruses or represent the full functionality, accuracy, and reliability of the materials.
In no event will Tens MED be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of this website
These Terms and Conditions shall be covered by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
WEEE Waste Disposal
One of the provisions of the European Directive 2002/96/CE is that anything electrical or electronic should not be treated as domestic waste and simply thrown away. To remind you of this Directive, all affected products are now being marked with a crossed-out wheelie bin symbol.
To comply with the Directive most efficiently, please dispose of the unit at the ‘civic amenity site’ as directed by your local authority. Alternatively, contact us to receive a postage-paid label which you may use post the unit back to us for disposal. Upon receipt we will send your old device for components recovery and recycling to help to conserve the world's resources and minimise any adverse effects on the environment.