Terms & Conditions
- INFORMATION ABOUT US
This site is operated by My Health Online Limited and the goods you purchase will be supplied by My Health Online Limited (we). We are registered in England under company number 12555647 with our registered office and main trading address at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. You can contact us by visiting the Contact Us page at www.my-bmi.co.uk.
- YOUR PERSONAL INFORMATION
You are required to sign up to our website before placing an order. You may place an order to purchase goods advertised for sale on this site by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “submit order” button on the checkout page.
We will acknowledge receipt of your order by sending you an automatically generated e-mail confirming your order has been processed and confirmation of your order number. This is only an acknowledgement of receipt of your order, and no binding contact will be formed between us unless and until we accept your order by separate e-mail.
The contractual language is English
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
- PRICE AND DELIVERY COSTS
Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask whether you wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs.
- AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.
Delivery will be made according to the information at the checkout stage of your order.
We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 15 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for and delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
We must receive in advance before your order can be processed and the goods can be dispatched, unless we have agreed otherwise in advance in writing. Payment for goods must be made in accordance with the procedure explained at the payment methods stage.
- RIGHT TO CANCEL
You have the right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order begins on the day after you receive the delivery of the shipment to you.
To exercise your right to cancel, you must inform us of your decision to cancel by phone, mail, fax or e-mail using the contact details set out above. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
You must send the goods back to us to our trading address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) without undue delay and in any event within 14 days after the day of cancellation. Goods must be received in perfect condition before a refund can be processed
You will not have any right to cancel a purchase for the supply of any of the following goods:
- The supply of goods for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur with the cancellation period;
- The supply of goods that are made to your specifications or are clearly personalised;
- The supply of goods which are liable to deteriorate or expire rapidly;
- In the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if the goods become unsealed after delivery;
- If the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery;
- If the goods become mixed inseparably (according to their nature) with other items after delivery.
- REFUNDS POLICY
Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any). We will pay the refund within 115 days after that day:
- You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have provided a tracked returns label to return the goods; or
- We receive the goods you returned to us, where you are in receipt on the goods; or
- You provide us with a proof of return for the goods, where you have the goods but we have not yet received them.
We will refund you using the same means of payment as you used to pay for your order. Without limiting your cancellation rights in Clause 7, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:
- Provide a full refund for any product that is not what you ordered;
- Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
- At your option, repair or replace the goods at our costs (including the cost of postage), unless this would not be possible or would be disproportionally costly in circumstances, in which case we will refund to you the amount for the goods in questions.
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.
- CANCELLATION BY US
We reserve the right to cancel the contract between us if, for example:
- We have insufficient stock to deliver the goods you have ordered;
- We do not deliver to your area; or
- One or more of the goods you ordered was listed at an incorrect price.
- Our Specialists deem you unsuitable for remote treatment.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.
- TITLE AND RISK
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
To the extent not prohibited by the law, we accept no liability for any:
- Loss which Is not foreseeable (loss is foreseeable if it was not an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
- Loss which arises when we are not at fault or in breach of these Terms and Conditions; and
- Business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer Protection Act 1987; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sales goods or supply of services legislation, that may not by applicable law be excluded or limited.
- EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
If any provision of these terms and conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these terms and conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Right of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or other purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms and Conditions apply.
- LAW AND JURISDICTION
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.
We would like to get in touch with you via email about products and services the same or similar to those you have purchased from us, as well as other products and services that we supply. You can indicate that you are happy to receive marketing emails from us on providing us with your personal data. You can change your mind at any time, and if you no longer want to receive marketing emails you can unsubscribe at any time.
Links and Software
1.1 We welcome links to our website made in accordance with the terms of this policy.
1.2 This policy is intended to assist you when linking to our website. / By using our website you agree to be bound by the provisions of this policy.
2.1 This document was created using a template from SEQ Legal
3. Links to our website
3.1 Links pointing to our website should not be misleading.
3.2 Appropriate link text should always be used in links pointing to our website.
3.3 From time to time we may update the URL structure of our website and, unless we agree in writing otherwise
3.4 You must not use our logo to link to our website (or otherwise) without our express written/email permission.
3.5 You must not link to our website using any inline linking technique.
3.6 You must not frame the content of our website or use any similar technology in relation to the content of the website.
4. Links from our website
4.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
4.2 We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
5. Removal of links
5.1 You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
5.2 If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below. Unless you have a legal right to demand removal, such removal will be at our discretion.
6.1 We may amend this policy at any time by publishing a new version on our website.
7. Our details
7.1 This website is owned and operated by My Health Online Ltd.
7.2 Our principal place of business is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ
7.3 You can contact us by writing to the business address given above, by using our website contact form.
1.1 Copyright© 2020
1.2 Subject to the express provisions of this notice:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
2.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website;
subject to the other provisions of this notice.
2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.
2.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.
2.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website, save to the extent expressly permitted by this notice.
3.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
4.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.
4.2 You can let us know [by email or by using our abuse reporting form].
Enforcement of copyright
5.1 We take the protection of our copyright very seriously.
5.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
6.1 You may request permission to use the copyright materials on our website by writing to us by email, using the contact details published on the website.