Terms and Conditions of Sale
This policy is drafted in English. If there is a conflict between a translated version and the English version of these terms then, to the extent permitted under applicable law, the English version shall prevail.
We are Chiaro Technology Limited (“we/our/us”), a company registered in England and Wales with company number 08502405. Our registered office address is Second Floor, 63-66 Hatton Garden, London, England, EC1N 8LE. Our registered VAT number is 172 6300.
You can contact us by telephoning our customer service team at +44 (0)203 745 5201 or by writing to us at firstname.lastname@example.org. 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.
1. Understanding These terms and conditions
1.1 Why you should read these terms and conditions. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If there is something within these terms which you don’t understand, please contact us for further information.
1.2 Defined terms. When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). These defined terms start with capital letters even if they are not at the beginning of a sentence.
1.3 Headings and other information. We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Products.
1.4 Entire Agreement. These Terms and Conditions constitute the entire agreement between us in relation to your orders for the Products. 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 Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
2. Your orders for Products
2.1 How we will accept your order request. Our acceptance of your order will take place when we send an email confirming our acceptance of your order to the email address you have provided to us, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order request. If we are unable to accept your order, we will inform you in writing and will not charge you for the Product. We may reject an order request for several reasons including but not limited to if the Product is unavailable, 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.
2.3 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.
2.4 Products and Product packaging may vary slightly from pictures. The images of the Products and Product packaging displayed on our Platforms are for illustrative purposes only. We make every effort to display the colour, shape and size of Products and Product packaging accurately but we cannot guarantee that this will be reflected on the device through which you are browsing display. As such, your Product or Product packaging may vary to that shown.
3. Your rights to make changes
If you wish to make a change prior to shipment of your order please contact us at email@example.com. We will let you know if the change is possible. If the change is possible, the price of the Product, the timing of supply and other terms may also change. We will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
4. Our rights to make changes
4.1 Minor changes to the Products. We may change the Products:
(a) to reflect changes in relevant laws and regulatory requirements, including but not limited to compliance with the EU General Data Protection Regulation and any other applicable privacy and data protection laws; and
(b) to implement minor technical adjustments and improvements, for example to improve the functionality of our Products. These changes may affect your use of the Product, which we will endeavour to tell you about in advance.
4.2 Significant changes to the Products and these terms. As stated in the description of the Products on our Platforms, we may make changes to the Product, 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.
4.3 Product recall. The Elvie Trainer is registered as a medical device in the EU and other territories. It is registered in the EU as a MDD Class I product and in the USA as FDA Class II with a 510(k) medical device exemption. As such, we are under an obligation to maintain procedures for identifying and tracing each unit, lot or batch of the Elvie Trainer and, where appropriate, components of the product. We are also under an obligation to establish and maintain procedures to control units of the Elvie Trainer that do not conform to specified requirements and may recall non-conforming units at any time where required by law or in our discretion.
5. Providing the Products
5.1 Delivery costs. The costs of delivery will be displayed to you on our Platforms prior to you placing an order request for a Product through our Platforms.
5.2 When we will provide the Products. If we accept your order request, we will provide you with an estimated time frame within which the Products will be delivered to you. Unless we agree a different time frame with you in which to make delivery, we agree to provide the Products to you within 30 days after the day on which we send you notice of acceptance of your order.
5.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
5.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our delivery partner will follow the standard procedure it applies in the event that a Product cannot be delivered.
5.5 If you do not re-arrange delivery. If, despite our (or our delivery partner’s) reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
5.6 Your legal rights if we deliver Products late. You have legal rights if we deliver any Products late. If we miss the estimated delivery timeframe agreed for any Products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Products to you by an estimated delivery timeframe agreed by us;
(b) delivery within the estimated delivery timeframe was essential (taking into account all the relevant circumstances), and we agreed to deliver the Product to you within that estimated delivery timeframe; or
(c) you told us before we accepted your order that delivery within the estimated delivery timeframe as essential and we agreed to deliver the Product to you within that estimated delivery timeframe
If you do choose to end the contract for late delivery under paragraph 5.6 (a) – (c) you can do so in relation to Products that have or have not been delivered to you. If Products have been delivered to you, you must ensure that these Products are returned to us. In the event that paragraph 5.6 (a) – (c) applies, you may choose to rearrange delivery instead of ending the contract. To rearrange delivery please contact us via email at firstname.lastname@example.org.
5.7 When you become responsible for Products. A Product which is a good will be your responsibility from the time we deliver the Product to the address provided to us. You will own a Product which is a good once we have received payment for that Product in full.
5.9 Reasons we may delay Products being provided to you. We may have to delay supplying a Product to you if:
(a) you fail to make payment to us for the Product;
(b) if we suspect any order or transaction to be fraudulent or suspicious;
(c) we choose to deal with technical problems or make minor technical changes to the Products; and
(d) we choose to update the Product to reflect changes in relevant laws and regulatory requirements.
We will contact you in advance to tell you we will be delaying supply of the Product, unless the problem is urgent or an emergency. If we have to delay supplying you with the Product for longer than 30 days you may contact us to end the contract for a Product if we suspend it, and we will refund any sums you have paid in advance for the Product.
6. Your rights to end the contract
6.1 You may end the contract with us for any of the following reasons:
(a) the Product is faulty or not as described (see paragraph 6.2);
(b) we have done something or have told you we are going to do something in breach of contract (see paragraph 6.3); or
(c) you have changed your mind about the Product (see paragraph 6.4).
However, you don’t have the right to change your mind in relation to Products sealed for health protection or hygiene purposes (such as the Elvie Trainer), once these have been unsealed after you receive them.
6.2 If the Product is faulty or not as described. We may offer an extended warranty period in relation to some of our Products. Further information about the applicable warranty period or the option to repair or replace in relation to each Product is displayed on our Platforms. If any agreement is silent as to an extended warranty period, your legal rights in relation to faulty or not as described goods your statutory rights will remain unaffected provided that the Product in question is returned to us. We will pay the cost of postage. Please contact email@example.com for a return label.
6.3 If we have done something, or have told you we are going to do something, in breach of contract. You may be entitled to end the contract immediately, and we may have to refund you in full for any Products which have not been provided if we have done or are going to do any of the following:
(a) we have told you about an upcoming significant change to the Product or these terms which you do not agree to;
(b) we have told you about an error in the price of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Product may be significantly delayed because of events outside our control;
(d) we have suspended or delayed supply of the Product for technical reasons, or notify you we are going to suspend supply for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because we breached the contract relating to the supply of Products to you.
6.4 If you are exercising your right to change your mind under the Consumer Contract Regulations 2013. For the majority of product purchased online you have a legal right to change your mind within 14 days of you receiving the Products, and are entitled to receive a refund.
7. How to end the contract with us
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us via:
(a) Phone or email. Call customer services on +44 (0)203 745 5201 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our Platforms.
7.2 Returning products after ending the contract. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Products are faulty or not as described; or
(b) if you are ending the contract because we have told you of an upcoming change to the Product or these Terms and Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you otherwise have a legal right to do so.
In all other circumstances you must pay the costs of return. In those circumstances, if we initially pay the cost of return, we may deduct that cost from any amount to be refunded to you.
7.4 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 We may be entitled to make deductions to your refund. If you are exercising your right to change your mind:
(a) You may not be entitled to a refund of the price (excluding delivery costs) of the Product, if you have handled them in a way which renders them unsaleable, for example, by removing shrink wrapping from the Product or damaging the Product packaging.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then we will refund Products within 14 days from the date on which we receive the Product back from you and, in all other cases, within 14 days of you telling us you have changed your mind.
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your delivery address; or
(c) you do not, within a reasonable time, allow our delivery partner to deliver the Products to you.
9. Price and payment
9.1 Where to find the price for the Product. The price of the Product will be the price indicated on the order page on the Platform when you place your order.
9.2 Changes to the price. We take all reasonable care to ensure that the price of the product advised to you is correct but it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If the Product’s correct price at your order date is higher than the price stated to you we will contact you for your instruction before accepting the order request.
9.3 We will pass on changes in the rate of VAT. If the rate of VAT changes or the rate of sales tax changes between your order date and the date we supply the Product, we will adjust the rate of VAT or the sales taxes that you pay, unless you have already paid for the Product in full before the change in the rate of VAT or the sales tax takes effect.
9.4 When you must pay and how you must pay. All payments for Products through our Platforms are processed through Stripe, a third party payment provider unconnected to our Platform. You must make payment for Products prior to us providing them to you. You represent and warrant that i) you have the legal right to use any credit card(s) or other payment methods in connection with the purchase of any Products and ii) that the information you supply to us is true, correct and complete. You hereby agree that we are not responsible for any loss or damage arising from submission of false or inaccurate information.
10. Our responsibility for loss or damage suffered by you
10.1 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 you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes, but may not be limited to, liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
10.3 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.
10.4 Disclaimer of consequential damage. Except where otherwise provided under applicable law we shall not be liable to you or to any third party for any indirect, incidental, special or consequential damages, including, without limitation, damages for lost business, lost profits, loss of data or loss of use of the Products or the Platform incurred by you in connection with the Products, regardless of the nature of the claim, even if foreseeable or if we have been advised of the possibility of such damage.
10.5 Cap on damages. Except where otherwise provided under applicable law, our aggregate liability for damages under these terms and conditions and conditions to you or any third party, regardless of the nature of the claim, shall not exceed the fees paid or payable by you for the Products under these terms and conditions.
11. Other important terms
11.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person or entity if we agree to this in writing.
11.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.