In General MediPen Ltd. ("medipen.co") owns and operate this Website. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please don’t use the Website.
The terms and Conditions may be updated by us from time to time so you should check this page regularly to note any changes we have made.
Website access is provided on the understanding that we may modify or withdraw, temporarily or permanently, the Website (or any part of it). We won’t be liable to you or to any third party for any changes or withdrawal of the site. If you don’t agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
All of the text, graphics, photographs, logos, artwork, sounds, music, video, user interfaces, visual interfaces and computer code (the "Content") belongs to MediPen. This Content includes, but isn’t limited to, the design, structure, selection, coordination, expression, basically the whole "look and feel" and arrangement of it. You are not allowed to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without MediPen’s written permission in advanced. This does not apply to our press kit which may be freely used as per the conditions expressed within the press kit.
1. Product Descriptions on our Website
1.1 We take reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns policy if you are unhappy with your Order.
2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then MediPen shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
3. Pricing Policy
3.1 All Product prices are in pounds (£) sterling and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time.
3.2 Although we try to ensure all Product prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.
4. Age Restrictions
4.1 We cannot sell the MediPen to persons under the age of eighteen (18).
4.2 By placing an Order with us, you warrant that you meet the age requirement for that Product and, in any event, you are at least eighteen (18) years old and the information you provide is truthful and correct. It is an offence to buy or attempt to buy age-restricted Products if you are under age or to purchase such Products for someone else who is under age.
4.3 We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age.
5. Order Process
5.2 The technical steps to place your Order and create a contract of sale between you and us are, as follows: a) You place an Order on the Website by pressing the 'Order now' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website. b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us. c) As your Order is shipped by us we will send you a despatch confirmation email. Upon sending this email, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it. d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address.
5.3 The contract between you and MediPen will be concluded in English and subject to the laws of United Kingdom and the jurisdiction of the English courts. Title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of: a) the date on which we receive payment in full for the Product(s); or b) the date and time of delivery by us to your nominated address.
5.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched separately.
5.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons: a) A product you ordered is out of stock; b) We are unable to obtain authorisation for your payment; c) We have identified an error with a Product Description; d) You are not eligible to order a Product, as set out in clause 4 above; e) There is a system or procurement failure; f) You fail our customer validation checks; or g) there are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
6. Payment and Payment Methods on the Website
6.1 We only accept payment for Orders in pounds (£) sterling.
6.3 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7.1 All Product prices shown on the Website are inclusive of any applicable UK VAT.
8. Promotional Discounts
8.1 Any coupon, discount, offer or promotional discount offered on the Website is valid only for use as part of a purchase made via the Website, unless otherwise stated and subject to availability.
9.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
9.2 Please note that delivery of your Order may take longer during sale or other busy periods.
10. Contract Cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
10.1 If you are an EU customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order.
10.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. In order to do so, you can let us know by emailing or telephoning MediPen's Customer Services team, please refer to section 21 for details. Once we have received notification by you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge of your Order within fourteen (14) days. For more information, please see our Refunds policy below.
10.3 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched. If you decide to cancel your contract and your Order has already been dispatched, then you need to let us know within fourteen (14) days after the day on which you receive your Order, please refer to section 21 for details. Once we have received notification by you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us. Please refer to "How to return an Item" in our Returns Policy below.
11. Returns Policy
11.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with any security devices or seals still attached and in tact. We reserve the right to consider the condition of any Product that you wish to return and make the any deductions if there are indications that the Product, its security devices or seals having been used, removed, broken or tampered with.
11.2 Please note that your right to cancel or return a Product does not apply to personalised Products. Personalised products being: Products which have been made to measure, altered, or personalised in any way to your specification;
11.3 Please note that clause 13.2 does not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
11.4 In these terms and conditions, faulty goods means any goods we supply to you that do not conform to the contract. Faulty goods does not include any goods that are faulty due to fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacturer's or our instructions, or any alteration or repair carried out without the prior approval of us or the manufacturer. You should notify us as soon as possible if you discover that any goods are faulty goods , please refer to section 21 for details. If you return goods because you think they are faulty, we may charge you the cost of all transport and our actual costs and expenses in the event that the goods are not in fact faulty.
12. How to return an item
12.1 You can return a Product or Order to us by taking the following steps: a) Contact the company via email@example.com b) Send us an email detailing your issue and quoting your order reference. c) Should you not have your order reference please quote the name the order was placed under. Allow up to five working days for an email back from the team. d) Post your return back to us (we recommend through tracked mail as we cannot credit missing returns) f) Allow up to three working days for funds to be refunded from the date your return arrives.
13. Refunds Policy
13.1 Refunds Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition. The refund of your Order's original purchase price will be refunded automatically.
13.2 Refunds will be issued back to the credit or debit card which you used to place your Order. This will appear in your account within five (5) days depending on your card issuer.
13.3 Subject to the delivery option that you selected when first placing your Order (for more information, see Dispatch and Delivery), we will also refund you one of the following: a) If you chose and paid for Standard Delivery of your Order, then we will refund you the full cost of this. b) If you chose and paid for either Nominated/Next Day delivery of your Order, then it is at our sole discretion as to whether we refund you this delivery charge. At the very least you will be refunded the cost of what the Standard Delivery for your Order would have been. d) If you are only returning part of your Order which was delivered to the same address, then there will be no refund for delivery.
13.4 In order to arrange for a refund of an original delivery charge (as outlined above), please refer to section 21 for our contact information.
13.5 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related.
14. Material and Activity Prohibited
14.1 You must not misuse the Website. You will not: upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other Users; use the Website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
14.2 We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or your MediPen Account at any time, for any or no reason, with or without prior notice, and without liability.
14.3 a) MediPen reserves the right to refuse site access if we believe a User is using proxy Internet Protocol addresses as a method to hide the use of multiple accounts or to disrupt the Website in any way. c) By submitting any material to us, you automatically grant MediPen a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
15. Linking to the Website
15.1 You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.
15.2 The Website must not be framed or embedded on any other site.
16. Compliance with Laws
16.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
17. Liability and Indemnity
17.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
17.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website.
17.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
17.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material or Content on the Website or the performance of any Product purchased through the Website, even if MediPen has been advised of the possibility of such damages.
17.5 The Website may also contain links to other websites, which are not operated by MediPen. When you activate any of these you will leave the Website and we have no control over, and will accept any responsibility or liability in respect of, the material on any website which is not under our control.
17.6 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your MediPen Account and/or your Personal Information.
17.7 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
17.8 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
18. Comments and Complaints Procedure
18.1 Please refer to section 21 for our contact information if you have any comments or complaints. We will always try to resolve any dispute as quickly as possible.
19.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
19.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
19.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
19.4 MediPen reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
20. Entire Agreement
20.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and MediPen. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of MediPen. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms and Conditions.
21. Our Details
21.1 MediPen Ltd. is registered in England with company number 09492059. Its registered office is 20-22 Wenlock Road, London, N1 7GU. Our telephone number is 0208 1335 420 or you can contact us at firstname.lastname@example.org
"Order" means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
"Personal Information" means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
"Product" means a product displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
"Terms and Conditions" means these terms and conditions.
"We", "us" or "MediPen" means MediPen Ltd.. Please note, that when arranging delivery of your Order, MediPen may instruct a third party courier or postal carrier to deliver it to you. However, MediPen will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "MediPen", will be taken to include such third parties.
"Website" means the website located at https://medipen.co/ or any subsequent URL which may replace it.
"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
"Users" means the users of the Website collectively.
"You" means a user of this Website.
MediPen’s cookies have three different functions.
Essential cookies, i.e. cookies necessary or essential for the use of the website. These cookies for example allow us to identify subscribers or members and assure access to personal pages. Performance cookies, i.e. cookies, such as Google Analytics, allowing MediPen to monitor how visitors use the website and website performance. This information MediPen uses as a tool to improve the functions of the Website, to correct any issues arising and to develop its business and customer facing information.
Functionality cookies, i.e. cookies that allow the website to remember the choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features.
MediPen does not use any behaviourally targeted advertising cookies.
There are two types of cookies:
(i) permanent cookies, which are stored on your computer for a fixed period of time and
(ii) session cookies, which are only stored during the time you are accessing the website. The session cookies disappear when you close the web browser.
Permanent cookies are used to store your personal settings as well as the choices you make on the website. MediPen uses permanent cookies to facilitate your website navigation, based on your previous visits to the website. Session cookies are used to store data in personal accounts, so that information entered will be saved until the next time you log in.
MediPen uses session cookies to enable your log in services and to store information in connection with such visitor accounts. If you do not want your personal settings to be saved by cookies, you can automatically block them, by using the safety settings menu in your web browser. You can also choose a setting option where you receive a question each time a website requests to store a cookie. Through your web browser you can erase cookies that have previously been stored on your computer. For more information, go to your web browser’s help or "how to" information site.
However, if you choose to block cookies, this may impair some of the functions on the website and MediPen cannot ensure that you will have access to all services offered on the website.