TERMS OF SALE

 

Section 1 – OVERVIEW

 

These Terms and Conditions ("Terms", "Terms of Sale") apply to the Cupris service and platform (the “Service”) provided to doctors and patients (“you”, “your”) by way of a website and any associated digital app which may be released by Cupris from time to time. The Service is operated by Cupris Ltd, who we will refer to in these Terms as “we”, “us”, “our”. We are a company registered in England at United House, North Road, London, N79DP, United Kingdom with company number 07867790 and VAT number 154 3819 04.

 

Please read these Terms carefully and make sure that they are understood before registering with us. If you do not understand or do not accept any part of these Terms, then please do not use the Service. By buying products from us you are agreeing to these Terms.

 

These Terms make a contract between you and us explaining how we will provide the Service to you.

 

Defined terms used but not defined in these Terms, shall have the meaning given to them in the EULA terms and conditions accessible here:

 

·         For medical professionals: http://www.cupris.com/doctors-terms

·         For patients and other users: http://www.cupris.com/patients-term

 

Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:

·         You are an individual.

·         You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

 

Please be aware that if you purchase products from us with a view to using them in the course of your work as a medical or healthcare professional, that you will not be considered to be a consumer.

 

Please note that some terms of this agreement only apply if you are a consumer. In particular, these terms deal with your rights to return products to us and to receive a refund in respect of them, as well as our liabilities to you. These clauses are marked with bold text below.

 

If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

 

SECTION 2 – How to Contact us

 

Questions about these Terms should be sent to us at support@cupris.com or by mail at Cupris Limited, North road, London, LND, N79DP, United Kingdom or by telephoning us at:. (0044) 0203 582 1292

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

SECTION 3 – Our contract with you

 

How we will accept your order. Our acceptance of your order will take place when we email you to confirm our acceptance of it, at which point a contract will come into existence between you and us.

 

If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing (such as by sending an e-mail) and will not charge you for the product. 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 you have specified. Any changes to prices will not affect any order that has been confirmed.

 

We reserve the right to limit or cancel quantities purchased per person, per household or per order.

 

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

Geographical restrictions. We do not deliver everywhere, unfortunately. To find out if you are resident in a country where we do deliver to, please see www.cupris.com/faq.

 

SECTION 4 - PRODUCTS

 

Products may vary slightly from their pictures on our website. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Service. 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.

 

Product packaging may vary. The packaging of the product may vary from that shown in images on our Service.

 

Limited Warranty. We warrant that on delivery, and for a period of twelve (12) months from the date of delivery (warranty period), any products shall conform with their description and be free from material defects in material and workmanship.

 

SECTION 5 – Purchasing products

 

Availability, Prices, Payment and Delivery Process.

 

Please note that unless otherwise stated, all prices on the Service are inclusive of any VAT payable but exclude delivery charges. We will use our reasonable efforts to ensure that the prices of products displayed on the Service are correct. However, despite our reasonable efforts, it may be possible that some of the products on the Service may be incorrectly priced. If an error in the price of the products you have ordered is discovered, you will be contacted and given the option of reconfirming your order at the correct price or cancelling it.

 

By purchasing products from the Service, you authorise us to take payment for these products through our payment processor partner Stripe or any other payment method which we may add to the Service from time to time. Your use of any payment services to purchase products will be subject to the terms and conditions of the applicable payment processor.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.

 

After you place an order to purchase products, we will send you an email acknowledging that your order has been received by us. However, please note that this does not mean that your order has been accepted. Acceptance will take place when you receive an email from us notifying you that the product(s) have been dispatched. We will not charge your credit or debit card until we dispatch the products to you.

 

Please note that delivery of your products will be made to the address specified when you complete the order. Delivery will be made by our delivery partners and, unless specified otherwise, should usually be made within thirty (30) days of the order being placed. Delivery charges and estimated timescales are specified during the purchase process.

 

We may require a signature on delivery. If no one is available at your address to take delivery in this case, our delivery partners will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

 

If you are a medical professional resident in the United Kingdom you may contact us directly to arrange to collect your order from us in person.

 

Your rights of return, refund and cancellation.

 

If you are a Consumer you have the following right to return goods to us. If you are a consumer resident in the European Union, then you have the right to return purchased products for a refund within fourteen (14) days of you receiving the products for any reason. The product(s) must be returned directly to us unused, and we are responsible for issuing all refunds in relation to cancelled contracts and returned products. In addition, to your legal rights, we allow you to return products outside the fourteen (14) day period.

 

Please note that, for hygiene reasons, we are unable to accept returns of goods that have been opened and/or used by you. All returned products must be returned in their sealed original packaging.

 

If you are a Consumer you have the following right to cancel a contract for goods that are faulty. If you are a consumer resident in the European Union, then you have the right to cancel your contact within thirty (30) days of you receiving the product if it is faulty. If your goods develop a fault during this period you should notify us, including details of your order, and return the product to us (as set out below).

 

All customers have the right to return goods which do not meet our warranty. To obtain a warranty service on a product purchased directly from us, contact support@cupris.com and provide the proof of purchase. If we determine that a product is eligible for warranty replacement, we shall bear the costs associated with returning a product under warranty. We are not responsible for items damaged or lost in transit.

 

Process to return. To be eligible for a return and in order for a refund under these Terms to be granted you must: (i) send a return request to support@cupris.com. You will receive a Return Merchandise Authorisation (RMA) for use (by default we will provide you with an electronic copy of the RMA, but can send you a physical copy if you wish); (ii) return the product with the RMA. As stated above, unless the product is faulty, it must be in the original packaging; and (iii) you must provide a receipt/invoice or proof of purchase.

 

The product must be received by us within three (3) weeks (fifteen (15) working days) from the date on which the RMA was issued.

 

To return the product, you should mail the product to: Cupris Health, United House, North road, London, N79DP, United Kingdom. Save for the case of return of defective products, the shipment costs for the return of products shall be borne by you. Shipping costs are non-refundable. We recommend you consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive the returned item. You assume all risk of loss or damage to the product while in transit back to us.

 

Refunds and Replacements. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. Where you have returned a product because you believe that it is faulty we shall also notify you of our approval or rejection of your request for a refund. If the product is returned to us in accordance with these Terms, we shall credit the account you used to make the original purchase with the full purchase price you paid for the product and any applicable taxes minus any shipping and handling charges you paid when purchasing the product. You are responsible for and must prepay all return shipping charges and assumes.

 

The time to credit your account may vary, depending on processing time. Please allow up to fourteen (14) days for us to credit the account used to make the original purchase.

 

Alternatively, if you wish us to replace your products, please specify this on your RMA and we will endeavour to comply with your request if we are able to do so.

 

Purchases through an Authorised Dealer:  If you purchased the product from a retailer or distributor authorised by us, you should contact that retailer or distributor and follow the return policy of that authorised retailer or distributor.

 

Please note that we will not be liable for a product’s failure to comply with the warranty if the product: (i) is used in any manner that is inconsistent with the intended purpose or design of the product as described in our instruction manual for the product, (ii) is altered in any way, (iii) is used or maintained in any manner that is inconsistent with our instructions or warnings included with the product; (iv) is subjected to any other misuse, abuse, neglect, accident, or external forces; (v) is used by you after giving us notice or a defect; or (vi) defect arises as a result of fair wear and tear, wilful damage or negligence.

 

These Terms shall apply to any repaired or replacement products supplied by us, as set out in this paragraph.

 

Process to obtain a warranty. Replacement products provided under the Limited Warranty will only be dispatched to addresses within countries where our product is available for you to buy and if you are located in such countries, and is not transferable.

SECTION 6 – OuR responsibility for loss or damage suffered by you if you are a business

 

We are not liable for delay outside of our control. We shall not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

 

To the extent permitted by applicable law, we shall not be liable to you or any third party for any indirect or consequential losses of any kind arising under or in relation to your use of our goods, nor for any (i) loss of profits, business, sales, goodwill or revenue; (ii) loss or corruption of data; whether or not such loss or damage arises directly or indirectly and whether or not any relevant action or claim is based on contract or in tort (including negligence) or any other legal theory of liability, and even if either party was aware of the possibility of such loss or damage.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

 

Notwithstanding anything in these Terms to the contrary, we do not in any way exclude or limit our liability for:

(i)                  death or personal injury caused by our negligence;

(ii)                fraud or fraudulent misrepresentation; or

(iii)               any other liability which may not be limited or excluded under applicable law.

 

SECTION 7 – OuR responsibility for loss or damage suffered by you if you are a consumer

 

If you are a Consumer, then some or all of the above limitations may not apply. In those circumstances the following exemptions to the limitations of liability set out above shall apply:

 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage suffered by you that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time these Terms are entered into.

 

We are not liable for business loss. If you are a Consumer we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.

All of your Statutory Rights are unaffected. Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable skill and care, and any goods provided are of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those implied statutory warranties which may not be excluded or limited under applicable law.

Section 8 - How we may use your personal information

 

By providing us with any personal information in the context of the Service, by registering to the Service or by using the Service you expressly accept our Privacy Policy (www.cupris.com/privacy-statement) and consent to the collection, use and disclosure of your personal information and data in accordance with the Privacy Policy as it may be amended from time to time.

 

SECTION 9 – Other Important Terms

 

Termination. Please be aware that we may terminate these Terms at any time if: (i) you breach these Terms; (ii) you become or threaten to become insolvent or bankrupt; or (iii) we decide to suspend or terminate the Service.

 

These Terms do not affect your legal rights, as a consumer. For more information about your legal rights in relation to any product purchased that is faulty or is not as described, you may wish to visit your local Citizens Advice Bureau or Trading Standards Office.

 

Misuse of the Service. You agree to compensate and reimburse us fully for any claims or legal proceedings which are brought against us as a result of your breach of these Terms or misuse of the Service.

 

Transfer of these Terms. You may not transfer your rights or obligations under these Terms to anyone else without our written permission. We may transfer our rights and obligations to another party, but this will not affect your rights or our obligations to you under these Terms.

 

Discontinuation of Service. We have the right to discontinue the Service or any individual service or feature or part of it at any given time without specifying any reason.

 

Third party rights. No provision of these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

Severability. Each of the paragraphs in these Terms operates separately. If any courts or relevant authority decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

Governing law and jurisdiction. Your use of the Service, including any dispute or claim arising out of or in connection with it, will be governed by English law. If you are a business you submit to the exclusive jurisdiction of the English courts. If you are a consumer, you have the right to start legal proceedings in the country in which you are resident in.

 

Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider and if you are not satisfied with the outcome you can still bring legal proceedings. Please note, if you are resident in the EU, any disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.