TERMS AND CONDITIONS FOR SALE OF GOODS – ARC4SPORTS
These are the terms and conditions on which we supply our Goods to you.
Please read these terms carefully before you submit your Order to us. These Conditions tell you who we are, how we will provide our Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
In these Conditions the following definitions apply:
The terms and conditions set out in this document;
The legally-binding agreement between us and you for the sale and purchase of Goods which incorporates these Conditions;
The address for delivery of the Goods as set out in the Order;
The Goods and related accessories, consumables and documentation as set out in an Order;
Intellectual Property Rights
patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, any rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world
Your order for the Goods from us, as set out in your order form supplied through the website;
Value Added Tax or VAT
Value added tax under the Value Added Tax Act 1994 or any other similar sale or fiscal tax applying to the sale of the Goods;
We, us or our
Applied Microcurrent Technology Limited, registered office: Pharmacy Chambers, High Street, Wadhurst, East Sussex, TN5 6AP, Company No. 6718393
2. Application of these Conditions
2.1 Any price or quotation provided by us for the provision of Goods prior to you submitting an Order:
2.1.1 is for information purposes only. It is not a binding offer by us to supply Goods on the terms of the quotation and these Conditions; and
2.1.2 will be valid for 28 days only from the date of issue.
2.1.3 When you place an Order to purchase Goods from us and tick the box indicating your acceptance of these Conditions, you make a binding offer to purchase those Goods in accordance with these Conditions.
2.1.4 After your placing of an Order, we will email you an acknowledgement of receipt of your Order. This does not mean that your Order has been accepted.
2.1.5 We reserve the right at all times to reject any Order, in whole or in part, at our sole discretion.
2.1.6 A Contract will be formed in respect of the Goods described in our acceptance of your Order, upon the sending by us of an email to you confirming that your Order has been accepted and is being processed.
2.1.7 We will not accept any variation to these Conditions, an Order or quotation from us unless the variation is expressly agreed by us and confirmed by email.
2.1.8 If we are unable to accept your order, we will inform you of this and will not charge you for the Goods. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
2.1.9 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The Goods may vary slightly from those images.
3.1 The price for the Goods will be as set out in the Order or in default of such provision, will be calculated in accordance with our standard scale of charges in force on the date of your Order as set out on our website.
3.2 The price:
3.2.1 includes Value Added Tax (where applicable); and
3.2.2 does not include the delivery charges.
3.3 The costs of delivery will be as displayed to you on the website.
3.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
4.1 You must pay for the Goods included in your Order by submitting your credit or debit card details with your Order. We will deduct payment for the Goods set out in our acceptance notice of your Order.
4.2 VAT will be charged by us (but included in the price of the Goods), and paid by you at the then applicable rate.
5. Title and risk
5.1 Risk in the Goods will pass to you on delivery. We will not be liable for any loss or destruction of the Goods occurring after they are delivered to you.
5.2 Ownership to the Goods will pass to you once we have received payment in full from you. (Not applicable to any instances where we agree to loan the Goods to you.)
6. Cancellation and Suspension Rights
6.1 You may cancel any Order at any time in writing to us up to the end of the fourteenth business day from the date of delivery of the Goods.
6.2 If you cancel an Order after delivery of the relevant Goods, you must send the Goods back to us at your own cost and expense. You must take reasonable care of the Goods and they must be returned to us in their original, unopened packaging. You remain liable for the Goods, including for their accidental loss or destruction, until delivery of the Goods back to us.
6.3 We shall reimburse any sums paid by you for the Goods as soon as possible and in any event within 30 days of receipt of cancellation of your order, less our reasonable direct costs of recovering the Goods if you fail to pay the costs of sending the Goods back to us, subject to your taking reasonable care of the Goods until delivery of them back to us.
6.4 We may have to suspend the supply of Goods to:
6.4.1 deal with technical problems or make minor technical changes; and/or
6.4.2 update the product to reflect changes in relevant laws and regulatory requirements
6.5 We will contact you in advance to tell you we will be suspending supply of the Goods, unless the problem is urgent or an emergency. You may contact us to end the contract for Goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for Goods in respect of the period after you end the contract.
7.1 We warrant that upon delivery and for a reasonable period after delivery, which we consider will be for a period of 24 months from the date of delivery, the Goods (but not the related accessories, consumables and documentation) will:
7.1.1 conform in all material respects to their description;
7.1.2 be free from material defects in design, material and workmanship;
7.1.3 be of satisfactory quality; and
7.1.4 be fit for any purpose held out by us.
7.2 We will, at our option when it is reasonable to do so replace or refund the price of defective Goods, provided that and subject to condition 8:
7.2.1 you inform us promptly on discovery that some or all of the Goods do not comply with condition 7.1.
7.2.2 you give us a reasonable opportunity to examine the defective Goods;
7.2.3 you return the defective Goods to us at our expense.
7.3 These Conditions will apply to any Goods repaired or replaced under condition 7.2.
7.4 We will not be liable for any failure of the Goods to comply with condition 7.1 where that failure is the result of your use of the Goods:
7.4.1 in the normal course of use of the Goods or as a result of wilful damage or your negligence;
7.4.2 to the extent caused by your failure to comply with our user manual supplied or included with the Goods (“User Manual”) as to storage, installation, commissioning, use or maintenance of the Goods;
7.4.3 where you repair or alter any Goods without our prior written agreement; or
7.4.4 where you use any of the Goods after notifying us that it does not comply with condition 7.1;
7.4.5 as referred to in condition, 10 below, where you use accessories that are not recommended/manufactured by us; or
7.4.6 where you do not use the Goods on a regular basis.
7.5 The Goods are only for use specifically as directed on humans. The device (but not the related accessories, consumables and documentation) is moisture and dust resistant. The Applied Microcurrent Technology Limited or its distributors, employees, agents and directors cannot take any responsibility for any use of the Goods, other than as specifically directed by us in our User Manual.
7.6 The warranty set out in condition 7.1 is transferrable, if the Goods (but not the related accessories, consumables and documentation) are sold on by a consumer to a private individual (but not a company), provided proof of the original purchase by the original consumer is provided to us.
8.1 Nothing in these Conditions is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so, including:
8.1.1 for death or personal injury caused by our negligence; or
8.1.2 for breach of the terms implied by section 12 of the Sale of Goods Act 1979 (as from 1 October the Consumer Rights Act 2015) and by section 2 of the Supply of Goods and Services Act 1982;
8.1.3 for defective products under the Consumer Protection Act 1987; or
8.1.4 for fraud or fraudulent misrepresentation.
8.2 We will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions. Except in unusual or exceptional circumstances, these losses will be limited to the price for the Goods concerned per incident or series of related incidents caused by the failure of any Goods.
8.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity under these Conditions for supply of our Goods to consumers.
9. Intellectual Property, Registered Designs, Copyright & Trade marks
All Intellectual Property Rights in the Goods, User Manual and associated documentation are owned or licensed to us and, where applicable, shall remain at all times, our property. You shall acquire no rights in the Goods, User Manual and associated documentation and may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any of the Goods owned by or developed on behalf of us, without our written consent.
10. Third Party Accessories
The Goods are only CE approved for use with our plugs charger, conductive gel and Arc Pads. We do not permit our Goods to be used with any accessories supplied by third parties, even if CE approved. There is more information on each component on our website by selecting “Shop”, and then the individual component.
11. Your And Our Rights To End The Contract
11.1 We may end the Contract if you break it. We may end the Contract at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods; or
11.1.3 you do not, within a reasonable time, allow us to deliver the Goods to you.
11.2 Tell us you want to end the contract. To end the contract with us, please let us know by using our contact details below.
12. When Will I Be Refunded?
12.1 If you are not entirely happy with the Goods you can return the Goods within 28 days of the date of delivery, for a full refund of the original price.
12.2 Subject to condition 12.1 above, once we have received the returned Goods, if appropriate, a refund will be credited to the payment card account within 2 weeks of the date we received the returned Goods. Please note that it may take up to 14 days for your bank to credit your account. We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process.
13. Returns Period
13.1 If you make a purchase online but change your mind once you've received your order, you are entitled to a full refund (via the original payment method) provided you notify us within 14 days of receipt that you wish to cancel your contract.
13.2 You will then have a further 14 days to return your product. You can return your Goods either by post or directly to the Arc Family office (contact details below).
14. Faulty Or Damaged Goods
14.1 If you make a purchase online but find, when you receive the Goods, it is either faulty or damaged, then you have up to 30 days to reject the Goods, from the date of purchase, and return your Goods either by post or directly to the Arc Family office (contact details below), to receive a full refund of the purchase price.
14.2 Please be aware that the delivery unit along with the ancillary items are not waterproof, nor will they stand up to being dropped, chewed or trodden on. It is fully the user’s responsibility to ensure that the delivery unit along with the ancillary items are prevented from getting wet, as well as being dropped, chewed or trodden on. Goods returned that have clearly sustained water or physical damage will not be replaced or refunded.
15. Your Responsibility And Our Liability for Returning Goods
15.1 Whilst you are deciding whether to retain the Goods, you do have a statutory duty to take reasonable care of our Goods and they remain your responsibility until they arrive safely and in reasonable condition at the Arc Family office.
15.2 We reserve the right to inspect all Goods that are returned to us so please do not damage the Goods whilst you inspect them. This includes any original packaging and labels, particularly if the packaging forms part of the Goods.
15.3 We do not accept liability for any Goods that do not reach the Arc Family office, nor can we accept liability for any Goods that may be returned to us by mistake. It is therefore advised that any Goods you may wish to return are done so via a recorded delivery service and retain the proof of postage.
15.4 Where Goods are returned damaged or not in their original packaging, we reserve the right to refund you in full less any deductions due by way of compensation for any damage that may have been caused. In the event that substantial damage has been caused then we reserve the right to refuse a refund or exchange.
15.5 Once we have received the Goods, if appropriate, a refund will be credited via the original payment method within 14 days. Please note this usually takes between 3 - 5 days but may take up to 14 days.
16. Returns Outside The Returns Period
16.1 If you return your purchase by post or courier after the periods outlined above (with the exception of faulty or damaged Goods), we reserve the right not to offer you a refund in full.
16.2 We may instead return your purchase to you. Prior to sending it, you will be charged the delivery fee applicable to the Goods and your location.
17. Refunding Delivery Charges
17.1 When you make a purchase online you have up to 28 days to cancel and return your unwanted Goods to the Arc Family office. You will be entitled to a full refund, provided you meet the terms of our Conditions applicable to returns and refunds, excluding delivery charges. You will also be responsible for the cost of returning your Goods to us.
17.2 If you are returning faulty Goods, then we will reimburse you for the standard delivery cost of returning the Goods to the Arc Family office.
18. Terms and Conditions for Sale of Goods – Business-to-Business
In addition to the terms set out above (expect where those specifically relate to a consumer) the following terms and conditions (“B2B Terms”) apply to the order by you and supply of goods by us to you where you are a business. No other terms are implied by trade, custom, practice or course of dealing.
19. Our Liability: Your Attention Is Particularly Drawn To This Clause
19.1 In accordance with these specific B2B Terms, we only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
19.2 Nothing in these Terms limits or excludes our liability for:
19.2.1 death or personal injury caused by our negligence;
19.2.2 fraud or fraudulent misrepresentation;
19.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
19.2.4 any other liability that cannot be limited or excluded by law.
19.3 Subject to condition 19.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
19.3.1 any loss of profits, sales, business, or revenue; or
19.3.2 loss or corruption of data, information or software; or
19.3.3 loss of business opportunity; or
19.3.4 loss of anticipated savings; or
19.3.5 loss of goodwill; or
19.3.6 any indirect or consequential loss.
19.4 Subject to conditions 19.2 and 19.3, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price paid by you for the Goods.
19.5 Except as expressly stated in these B2B Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
20.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if;
20.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 21 days of you being notified in writing to do so;
20.1.2 you fail to pay any amount due under the Contract on the due date for payment;
20.1.3 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
20.1.4 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
20.1.5 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
20.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
20.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
21. Events Outside Our Control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).
21.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
21.2.1 we will contact you as soon as reasonably possible to notify you; and
21.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
22. International Delivery
22.1 If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
22.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
22.3 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
22.4 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
Time is not of the essence of any date or period specified in these Conditions.
Notices under this Agreement will be in writing or email and sent to the persons and addresses set out in the Order. They may be given, and will be deemed received:
23.2.1 by first-class post: two Business Days after posting;
23.2.2 by airmail: seven Business Days after posting;
23.2.3 by hand: on delivery; or
23.2.4 by email: on receipt of a delivery or read receipt mail.
23.3 Waiver, Severability and Transfer
23.3.1 No delay, act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
23.3.2 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.3.3 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
23.4 Rights of Third Parties
This Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The terms of these Conditions prevail over those of the Order.
23.6 Entire Agreement
The Contract constitutes the entire agreement between you and us in relation to its subject matter. No other terms apply, including, but not limited to, terms which are implied by trade, custom, practice or course of dealing.
This Contract will bind and benefit each of your or our successors and personal representatives.
23.8 Our Rights To Make Changes
23.8.1 Minor changes to the Goods. We may change the Goods:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Goods.
23.8.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the Goods on our website, we may make additional changes to these Conditions or the Goods, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any products paid for but not received.
23.8.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
23.9 Governing Law & Jurisdiction
23.9.1 This Contract will be governed by the law of England and Wales.
23.9.2 Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.
24. Contact Details – Applied Microcurrent Technology Ltd
Unit 7, Woodland Enterprise Centre,
East Sussex TN5 7PR