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This page (together with the documents referred
to on it) tells you the terms and conditions on which we supply any of the
products listed on our website www.troohealthcare.com ("our site") to
you. Please read these terms and conditions carefully before ordering any
products from our site. You should understand that by ordering any of our
Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 www.troohealthcare.com is a site operated by Troo Health Care Limited -
Companies House registered Private Limited Company number 07096390. We are a UK
VAT registered company in the UK and our VAT number is 907809992.
1.2 Our head office is at 4 Lansdowne Terrace, Gosforth, Newcastle upon Tne, NE3
1HN. You can contact us
either by post, by email or by calling our customer service department on 0845
122 2102
2. SERVICE AVAILABILITY
2.1 We accept orders from individuals resident in all countries globally.
2.2 To place an order click on the 'add to cart' button in the product
description for the product you wish to purchase
2.3 If you wish to purchase more than one item you can continue to shop and add
items to cart.
2.4 When you have finished shopping click on 'Go to Checkout'
2.5 New customers have to enter billing and shipping address details as well as
set up a password for access to your account
2.6 Continue through checkout process until payment has been processed and order
confirmed
2.7 You can login to your new account at any time using your email address and
password. This will enable tracking of current order status and faster
re-ordering
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into
binding contracts; and
3.1.2 You are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging
that we have received your order. Please note that this does not mean that your
order has been accepted. Your order constitutes an offer to us to buy a Product.
All orders are subject to acceptance by us, and we will confirm such acceptance
to you by sending you an e-mail that confirms that the Product has been
dispatched (the "Dispatch Confirmation"). The contract between us ("Contract")
will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have
confirmed in the Dispatch Confirmation. We will not be obliged to supply any
other Products which may have been part of your order until the dispatch of such
Products has been confirmed in a separate Dispatch Confirmation.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch
Confirmation or, if no delivery date is specified, then within 14 days of the
date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 Delivery options and charges are listed clearly whenever you add an item to
your cart. Should you add extra items or change the quantity of the items in
your cart the shipping charge will re-calculate accordingly. For UK orders over
£50 shipping is free.
5.3 All delivery charges are calculated based on the weight of the products.
Delivery charges include the cost incurred by us for the warehouse to pick and
pack an item, packing materials and postage charges. You can see a more detailed
break down of our shipping
terms here.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery. All products on
this site are supported by our
quality
guarantee.
6.2 Ownership of the Products will only pass to you when we receive full payment
of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time,
except in cases of obvious error. All prices listed include VAT.
7.2 Prices are liable to change at any time, but changes will not affect orders
in respect of which we have already sent you a Dispatch Confirmation.
7.3 Our site contains a large number of Products and it is always possible that,
despite our best efforts, some of the Products listed on our site may be
incorrectly priced. We will normally verify prices as part of our dispatch
procedures so that, where a Product's correct price is less than our stated
price, we will charge the lower amount when dispatching the Product to you. If a
Product's correct price is higher than the price stated on our site, we will
normally, at our discretion, either contact you for instructions before
dispatching the Product, or reject your order and notify you of such rejection.
8. OUR REFUNDS POLICY
8.1 We guarantee your satisfaction with our Products and if, for any reason, you
are not satisfied with any Product(s) you purchase, we offer a full 'no quibble'
refund or exchange policy.
8.2 Without prejudice to condition 8.1, you may cancel a Contract at any time
provided that the Products have not passed their sell-by-date. In this case, you
will receive a full refund of the price paid for the Products in accordance with
our refunds policy. This provision does not affect your statutory rights.
8.3 When you return a Product to us (for instance, because you have cancelled
the Contract between us, or have notified us in accordance with paragraph 18
that you do not agree to any change in these terms and conditions or in any of
our policies, or because you claim that the Product is defective), we will
notify you of your refund via letter or e-mail within a reasonable period of
time. We will usually refund any money received from you using the same method
originally used by you to pay for your purchase. We will usually process the
refund due to you as soon as possible and, in any case, within 30 days of the
day we received your cancellation or the day we confirmed to you via letter or
e-mail that you were entitled to a refund for delivery of the defective Product.
8.4 Products returned by you for any reason will be refunded in full.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of
satisfactory quality.
9.2 Our liability in connection with any Product purchased through our site is
strictly limited to the purchase price of that Product.
9.3 This does not include or limit in any way our liability for death or
personal injury caused by our negligence or for fraud or your statutory rights
as a consumer.
9.4 We accept no liability for any loss or damage cased by us or our employees
or agents:
9.4.1 where there is no breach of a legal duty of care to you by us or by any of
our employees or agents;
9.4.2 where such loss or damage is not a reasonably foreseeable result of any
such breach;
9.4.3 for any increase in loss or damage resulting from breach by you of any
terms of this contract.
10. IMPORT DUTY
10.1 If you order Products from our site for delivery outside the UK, they may
be subject to import duties and taxes which are levied when the delivery reaches
the specified destination. You will be responsible for payment of any such
import duties and taxes. Please note that we have no control over these charges
and cannot predict their amount. Please contact your local customs office for
further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and
regulations of the country for which the products are destined. We will not be
liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send
to you should be in writing. When using our site, you accept that communication
with us will be mainly electronic. We will contact you by e-mail or provide you
with information by posting notices on our website. For contractual purposes,
you agree to this electronic means of communication and you acknowledge that all
contracts, notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in
writing. This condition does not affect your statutory rights.
12. NOTICES
All notices given by you to us must be given to Troo Health Care Ltd, 4
Lansdowne Terrace, Gosforth, Newcastle upon Tyne, NE3 1HN, U.K. or by
email. We may give
notice to you at either the e-mail or postal address you provide to us when
placing an order, or in any of the ways specified in paragraph 11. Notice will
be deemed received and properly served immediately when posted on our website,
24 hours after an e-mail is sent, or three days after the date of posting of any
letter. In proving the service of any notice, it will be sufficient to prove, in
the case of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an e-mail, that such e-mail was sent to
the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our
respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or
any of your rights or obligations arising under it, without our prior written
consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a
Contract, or any of our rights or obligations arising under it, at any time
during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under a Contract that is caused by
events outside our reasonable control ("Force Majeure Event").
14.2 A Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without
limitation) the following:
14.2.1 Strikes, lock-outs or other industrial action.
14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster.
14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport
or other means of public or private transport.
14.2.5 Impossibility of the use of public or private telecommunications
networks.
14.2.6 The acts, decrees, legislation, regulations or restrictions of any
government.
14.3 Our performance under any Contract is deemed to be suspended for the period
that the Force Majeure Event continues, and we will have an extension of time
for performance for the duration of that period. We will use our reasonable
endeavours to bring the Force Majeure Event to a close or to find a solution by
which our obligations under the Contract may be performed despite the Force
Majeure Event.
15. WAIVER
15.1 If we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under the Contract or any of these
terms and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance with such
obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any
subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to you in
writing in accordance with paragraph 11 above.
16. SEVERABILITY
If any of these terms and Conditions or any
provisions of a Contract are determined by any competent authority to be
invalid, unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms, conditions
and provisions which will continue to be valid to the fullest extent permitted
by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them
represent the entire agreement between us in relation to the subject matter of
any Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has
relied on any representation, undertaking or promise given by the other or be
implied from anything said or written in negotiations between us prior to such
Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made
by the other, whether orally or in writing, prior to the date of any Contract
(unless such untrue statement was made fraudulently) and the other party's only
remedy shall be for breach of contract as provided in these terms and
conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time
to time.
18.2 You will be subject to the policies and terms and conditions in force at
the time that you order products from us, unless any change to those policies or
these terms and conditions is required to be made by law or governmental
authority (in which case it will apply to orders previously placed by you), or
if we notify you of the change to those policies or these terms and conditions
before we send you the Dispatch Confirmation (in which case we have the right to
assume that you have accepted the change to the terms and conditions, unless you
notify us to the contrary within seven working days of receipt by you of the
Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through
our site will be governed by English law. Any dispute arising from, or related
to, such Contracts shall be subject to the non-exclusive jurisdiction of the
courts of England.
