MediPen

Terms and Conditions

MediPen Ltd. ("medipen.co") owns and operates this Website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our Privacy Policy govern MediPen's relationship with you in relation to this Website. These Terms and Conditions apply between you, the User of this Website and MediPen, the owner and operator of this Website.

Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this Website. Please read these terms and conditions carefully, as they affect your legal rights. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

The content of the pages of this website are for your general information and use only. It is subject to change without notice. Website access is provided on the understanding that we may modify or withdraw, temporarily or permanently, the Website (or any part of it). We are not liable to you or to any third party for any changes or withdrawal of the site. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, you should stop using the Website immediately.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Headings used in these terms and conditions are for convenience only and shall not affect their interpretation.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Availability of the Website

We may make improvements or changes to the information, services, products and other materials on this website, or terminate this website, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this website. Accordingly, your continued access or use of this website is deemed to be your acceptance of the modified Terms and Conditions.

Any online facilities, tools, services or information that MediPen makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. MediPen is under no obligation to update information on the Website.

Whilst MediPen uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers. MediPen accepts no liability for any disruption or non-availability of the Website.

MediPen reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Third Party Content

Any link contained on this Site which provides access to third party resources or content is provided for convenience only. MediPen does not express any opinion on or endorsement of the content of any such third party links and expressly disclaims any liability for the quality, content, nature, or reliability of any such third party resources and the information, products and services found thereon.

Intellectual property and acceptable use

All of the text, graphics, photographs, logos, artwork, sounds, music, video, user interfaces, visual interfaces and computer code (the "Content") belongs to MediPen. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission. You are not allowed to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without MediPen’s prior written permission.

You must not otherwise reproduce, modify, copy, distribute or use any Content without the written permission of MediPen.

You may not use the Website for any of the following purposes:

a) in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website.

b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.

c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Prohibited Activity

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.

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.

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. 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.

Linking to the Website

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.

The Website must not be framed or embedded on any other site.

Compliance with Laws

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.

Product Descriptions on our Website

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

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. We are unable to guarantee that a Product's images are an accurate representation of the actual merchandise.

Product Availability

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.

Pricing Policy

All Product prices are in pounds (£) sterling and are inclusive of UK value added tax ("VAT"), 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.

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.

Age Restrictions

We cannot sell any MediPen products to persons under the age of eighteen (18).

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.

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.

Order Process

MediPen takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our privacy policy.

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 'Checkout' 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.

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.

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.

e) There is a system or procurement failure.

f) You fail our customer validation checks.

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.

All Products purchased from this website are for personal use only and not for resale.

The contract between you and MediPen will be concluded in English and subject to the laws of the United Kingdom and the jurisdiction of the English courts.

Payment and Payment Methods on the Website

We only accept payment for Orders in pounds (£) sterling.

To process your order, you will be asked to provide customary billing information such as name, billing address and credit card, debit card or bank account information to its third party payment processor. MediPen will never store your bank account details. If you are directed to MediPen’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your transaction is complete you will receive a confirmation email summarising your order.

Payment by bank/credit/debit card will be taken at the point of dispatch by our Customer Service team.

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.

VAT

All Product prices shown on the Website are inclusive of any applicable UK VAT.

Promotional Discounts

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.

Delivery

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.

Please note that delivery of your Order may take longer during a sale or other busy periods.

Cancellation

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.

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. 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.

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. 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.

Warranty

The conditions below describe the prerequisites and scope of our warranty. They do not affect your statutory rights.

MediPen will rectify defects affecting the purchased product which are clearly attributable to material and/or manufacturing faults, provided they are reported immediately after being identified, and within 24 months of the date of purchase (the “Warranty Period”).

We reserve the right to invalidate the warranty, if repairs or other interventions are performed by persons not authorised by us to take such action.

Warranty provision will be free of charge and we will decide whether this will take the form of a repair or the replacement of the purchased item.

Returns Policy

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 intact. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its security devices or seals having been used, removed, broken or tampered with.

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.

Your statutory rights are unaffected in regards to faulty or incorrectly supplied Products.

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. 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.

How to return an item

You can return a Product or Order to us by taking the following steps:

a) Contact the company via (support@medipen.co).

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 sending all returns via 1st class 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.

Please make all returns to MediPen Ltd, Vision Court, Caxton Place, Cardiff, CF23 8HA.

Refunds Policy

Refunds are due 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. Refunds will be issued back to the credit or debit card which you used to place your Order.

Subject to the delivery option that you selected when first placing your Order, 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/Express/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.

c) If you are only returning part of your Order which was delivered to the same address, then there will be no refund for delivery.

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.

Liability and Indemnity

The choice of our product for any particular intended use is the sole and exclusive responsibility of the customer; and MediPen shall in no event ever have any responsibility for, nor incur any liability for any particular use or application of its product by the customer. MediPen’s products are NOT medical devices and do not purport to be.

By using this Site you acknowledge that the material provided is for informational purposes only. Nothing on this website should be construed as or deemed to be advice or counsel regarding any health or medical condition, or the diagnosis or treatment of any health or medical condition.

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.

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.

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.

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.

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 not accept any responsibility or liability in respect of, the material on any website which is not under our control.

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 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.

We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.

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.

Comments and Complaints Procedure

Please contact us (support@medipen.co) if you have any comments or complaints. We will always try to resolve any dispute as quickly as possible.

Cookie Policy

MediPen’s website uses cookies, in order to personalise our service to you. If you do not want cookies to be used, you can set your internet browser to deny them. Cookies are small text files which are stored on your computer or mobile device and which can be used to track your activities on the website.

There are two types of cookies:

a) Persistent cookies, which are stored on your computer for a fixed period of time.

These are used to store your personal settings as well as the choices you make on the website. MediPen uses persistent cookies to facilitate your website navigation, based on your previous visits to the website.

b) Session cookies, which are only stored during the time you are accessing the website.

The session cookies disappear when you close the web browser. 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 settings in your web browser.

MediPen’s cookies have three different functions:

a) 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 and orders.

b) 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.

c) 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.

In your web browser you can control which types of cookies you allow. You can turn cookies on or off using your browser's settings. You can also delete cookies and clear your browser's cache (history). But 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.

If you have any questions in relation to MediPen’s use of cookies, please contact support@medipen.co

General

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.

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.

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.

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.

Entire Agreement

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.

Our Details

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 support@medipen.co

All mail correspondence and returns must be sent to MediPen Ltd, Vision Court, Caxton Place, Cardiff, CF23 8HA in order to prevent avoidable delays in processing.

Definitions

"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.