Sale Terms and Conditions
CoaguChek Online Shop Terms and Conditions of Sale
This website, shop.coaguchek.com, (the Website) is operated by Roche Diagnostics Limited, a company registered in England and Wales with company number 00571546 (referred to in these Terms as Roche, we, our and us).
The Terms and Conditions of Sale set out below (the Terms) tell you about us and set out the legal terms and conditions on which we sell any of the products listed on our website (the Products) to you.
Please read the Terms carefully and make sure that you understand them before using the Website. These Terms, together with our Website Terms & Conditions and our Privacy and Cookies Policy, will apply to any contract for the sale of Products by Roche to you (a Contract).
If you do not agree to be bound by these Terms then you must not use or access this Website, nor buy any Products from us.
We may amend these Terms from time to time (see clause 6). Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms will apply to all Product sales from 12 April 2017.
In the event of any conflict or inconsistency between these Terms and our Website Terms & Conditions, these Terms shall take precedence.
1.1 These are the Roche Terms and Conditions of Sale governing your use of this Website and the purchase of any Products from this Website.
1.2 These Terms of sale apply to any order you place through this Website. They apply regardless of how you access the Website, including via any technologies or devices by which we makes the Website available to you at home or on the move. You must read these Terms carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these Terms in their entirety. If you do not agree to these Terms in their entirety, you must not order any Product through the Website.
1.3 Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting our Products available in the UK and Ireland. We do not deliver Products to any locations outside the UK and Ireland.
1.4 We do not sell Products for purchase by anyone under the age of 18. If you are under 18, you may use our Website only with the consent and involvement of a parent or guardian.
2. YOUR PERSONAL INFORMATION
2.1 Usage of your personal information is governed by our Privacy and Cookies Policy, which forms part of our Contract and which can be found here. We will keep your personal information on a secure server and we will fully comply with all applicable UK data protection laws and consumer rights. We use your information only for the following reasons and as set out in our Privacy and Cookies Policy:
- 2.1.1 to process your order; and
- 2.1.2 if you agree, to advise you of products and special offers that may be of interest to you.
2.3 We may terminate your account(s) immediately in the event you breach any of these Terms or if you are late in paying or fail to pay any sums due to us.
2.4 We may suspend the operation of this Website for repair or maintenance work or in order to update or upgrade the contents or functionality of this Website from time to time. Access to or use of this Website or pages linked to it may be interrupted or contain errors.
3. OUR PRODUCTS AND PRICES
3.1 The information relating to our Products and the applicable prices are displayed on this Website for your information and to enable you decide whether you would like to make us an offer to purchase any Products.
3.2 We have taken reasonable precautions to try to ensure that prices quoted on this Website are correct and that all Products have been fairly described. However, when ordering Products through this Website, please note that:
3.3 Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this Website;
- 3.3.1 all prices are displayed in pounds Sterling inclusive of UK VAT (where applicable) unless expressly indicated otherwise
- 3.3.2 packaging may vary from that shown on this Website;
- 3.3.3 the weights, dimensions and capacities shown on this Website are approximate only;
- 3.3.4 whilst we try to display the colours of our products accurately on this Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the Product on delivery; and
- 3.3.5 all items are subject to availability. We will inform you as soon as possible if the Product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.
3.4 We reserve the right to change the prices of the Products displayed on the Website at any time. The prices for all the Products available on the Website are clearly marked in their description and are inclusive of VAT (if applicable). Any applicable delivery charges will be displayed on the Website.
3.5 We may make available offers and discounts and, in such cases, the following shall apply:
- 3.5.1 offers and discounts are made available to you solely at our discretion;
- 3.5.2 offers and discounts may be withdrawn at any time; and
- 3.5.3 errors and omissions are excepted.
4. OUR CONTRACT WITH YOU
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Any Products which form part of the same order but which are not included in the Dispatch Confirmation will not form part of the Contract.
4.4 Prior to the dispatch of any products to you, we reserve the right to decline an order for any reason, including but not limited to legal and regulatory reasons.
4.5 If we are unable to supply you with a Product, for example if (i) that Product is not in stock or no longer available or (ii) we cannot meet your requested delivery date or (iii) there is an error in the price on our Website, then we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
4.6 If the fulfillment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, we have the right to stop or cease to fulfil the order at any time, including after dispatch of Products and/or notification to you that your order has been received and is being processed. You acknowledge that we shall not incur any liability in such circumstances.
4.7 We will assign an order number to your order and tell you what it is in the Dispatch Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
4.8 You can contact us about your order by telephoning our Customer Care Line on 0808 100 7666, sending an email to email@example.com or writing to us at Roche Diagnostics Limited, Roche House Charles Avenue, Burgess Hill, West Sussex, RH15 9RY.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to any Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and 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 (see Clause 8 – Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the Product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat.
6.2 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
6.3 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6..4 We may need to revise these Terms as they apply to your order from time to time, for instance to reflect changes in relevant laws and regulatory requirements.
6.5 If we have to revise these Terms as they apply to your order, or make any significant change to a Product you have ordered, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel all of your order, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. If you opt to cancel part of your order you will have to return (at our cost) any relevant Products you have already received and we will arrange a refund of the price you have paid for those Products you have returned. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted.
7.1 Any applicable costs of delivery will be as displayed to you on our Website. Some countries may impose an import tax or other duties on deliveries from overseas, which you are responsible for paying. We have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information before placing your order.
7.2 Please note that timescales for delivery will vary depending on the availability of the Products and your address. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days from the day you receive the Dispatch Confirmation.
7.3 We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
7.4 Delivery will be to the address specified in your order.
7.5 If no one is available at your address to take delivery and the Product cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Product from a local depot.
7.6 If you do not re-arrange delivery of the Product or collect it from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 12.1 will apply.
7.7 A Product will be your responsibility from the time we deliver the Product to the address you gave us.
7.8 You own the Product once we have received payment in full, including all applicable delivery charges.
8. LATE, DELAYED OR SUSPENDED DELIVERY
8.1 You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if any of the following apply:
- 8.1.1. we have refused to deliver the Products;
- 8.1.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- 8.1.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
8.2 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 8.1, you can give us a new deadline for delivery (which must be reasonable) and you can treat the Contract as at an end if we do not meet the new deadline.
8.3 If you do choose to treat the Contract as at an end for late delivery under clause 8.1 or 8.2, you can cancel your order for any of the Products or reject Products that have been delivered to you. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you must post them back to us or allow us to collect them from you, and we will pay the cost of this. For more information, or to arrange a return or collection, please contact us using the details set out in clause 4.8.
8.4 We may have to suspend the supply of a Product to:
- 8.4.1. deal with technical problems or make minor technical changes;
- 8.4.2. update the Product to reflect changes in relevant laws and regulatory requirements;
- 8.4.3. make changes to the Product as notified by us to you (see clause 6).
8.5 We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we suspend the supply of a Product, or tell you we are going to suspend it, for a period of more than 60 days then you may contact us to end the Contract. We will refund any sums you have paid for the suspended Product.
9. YOUR RIGHTS OF CANCELLATION AND RETURN
9.1 Any changes to your order must be notified to us in writing and within a reasonable time from placing your order. If you amend or change your order you may find that there are changes to your delivery timetable and/or the price you pay for the Product. You will be charged the current selling price on the day you amend your order.
9.2 We hope you will be completely satisfied with your purchases. Please contact us using the details set out in clause 4.8 if you are not entirely satisfied with our Products or our service, so that we can rectify the situation.
9.3 You may cancel your order for Products at any time before we dispatch the Products by contacting us using the details set out in clause 4.8.
9.4 You have the legal right to cancel your Contract with us from any time after you receive your Dispatch Confirmation to up to 14 days after receiving your Product(s) from us. If you have ordered more than one Product and your order has been split into more than one delivery, you have 14 days from the date that the last Product from that order is delivered. Please note we must receive notification from you within the 14 day deadline for you to exercise your legal right to cancel. If you are posting, phoning or emailing notice of your cancellation to us then your cancellation is effective from the date you post the letter to us, call us or send us the e-mail (as applicable).
9.5 The cancellation right set out in clauses 9.3 and 9.4 do not apply:
- 9.5.1. to any personalised Products you have purchased from our Website;
- 9.5.2. to any securely sealed Products which you have unsealed;
- 9.5.3. to any Products which become mixed inseparably with other items after their delivery; or
- 9.5.4. if you are purchasing from our Website as a business customer.
9.6 We are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms and, in particular, we will perform our obligations under these Terms with reasonable care and skill.
9.7 If you are ending a Contract because either:
- 9.7.1. we have told you about an upcoming change to the Product or these Terms which you do not agree to (see clause 6);
- 9.7.2. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
- 9.7.3. there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- 9.7.4. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons (see clause 8.5); or
- 9.7.5. you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clause 8.1),
then the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation.
9.8 Any Products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
9.9 Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 To end the Contract with us, please let us know by doing one of the following:
- 10.1.1. Phone or email. Call the Customer Care Line on 0808 100 7666 or email us at firstname.lastname@example.org.
- 10.1.2. By post. Post your cancellation request to us at the address set out in clause 4.8 (including the date of your request).
When you contact us to end the Contract, you must inform us of your decision by a clear statement and provide us with the following information: (i) your name; (ii) your home address; (iii) your order number; (iv) the Product description; (v) the date you received the Product (if applicable); (vi) your phone number (if you placed your order by phone); and (vii) your email address (if you placed your order online).
10.2 If you choose to return any Products to us, we will not be responsible for any loss or damage to them in transit. If returned Products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
10.3 You must take reasonable care of the Products while in your possession and they must be returned to us along with your customer delivery note and returns form before we can issue a refund. All refunds will be made in accordance with clause 11.
11.1 When you send a Product back to us in compliance with these Terms we’ll process the returned Product then notify you of your refund. You can expect a refund in the same form of payment originally used for purchase and we aim to process all refunds within 14 days of receiving the returned Product. Unless you are returning a Product because of an error on our part or because it is damaged or defective, any refund of delivery charges is entirely at our own discretion.
11.2 We will refund the delivery charges and reimburse your reasonable costs in returning any damaged or defective Products and any Products that have been sent to you in error. You should include the details of any damage, defect or error on the returns form.
11.3 If you choose to cancel your Contract we will refund you the price you paid for the Products and any delivery charge you may have paid. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (for example if they have been used). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you may be required to pay us an appropriate amount.
11.4 We will make any refunds due to you as soon as possible and in any event within:
- 11.4.1. 14 days after the day on which we receive the Product back from you; or
- 11.4.2. if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
11.5 We will refund you by the same method that you used to pay for the Products.
11.6 Where we refund any delivery costs you have paid, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract for a Product at any time by writing to you if you do not:
- 12.1.1. within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
- 12.1.2. within a reasonable time, allow us to deliver the Products to you.
12.2 If we end the Contract in the situations set out in clause 12.1 then we will refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
12.3 We may write to you to let you know that we are going to stop providing the Product. We will let you know at in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard and American Express.
13.2 Payment for the Products and all applicable delivery charges is in advance. Your debit or credit card will be debited immediately upon placing your order. Ownership or title to the Products will not pass to you, the buyer, until we have received your payment in full.
13.4 If for any reason your payment is not received and you have already received the Products you ordered from us, you must pay for or return those Products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
14. COMPLIANCE AND OUR LIABILITY TO YOU
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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 we entered into the Contract.
14.2 We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, loss of goodwill, loss of anticipated saving, loss or corruption of data, information or software or any indirect or consequential loss.
14.3 You agree that you will not use, sell or supply any product(s) purchased from us in an unlawful manner and, in particular, will comply with all export controls and sanctions rules. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
14.4 We do not in any way exclude or limit our liability for:
- 14.4.1. death or personal injury caused by our negligence;
- 14.4.2. fraud or fraudulent misrepresentation;
- 14.4.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 14.4.4. defective products under the Consumer Protection Act 1987.
14.5 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms. We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
14.6 You must follow any advice we give you to keep Products we supply to you safe, including any instructions or product manuals (in any form) provided with the Products. You must not use the Products for any purposes other than those stated in the Product instructions. We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
14.7 We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on the Website if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 These Terms constitute the entire agreement between us and you and take the place of all prior agreements, representations, statements and understandings between us and you regarding the use of the Website and the purchase of Products.
15.7 The section titles in these Terms are for convenience only and have no legal or contractual effect.
15.8 These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in respect of any claim or dispute in relation to and arising from these Terms (including non-contractual disputes or claims).
15.9 If you are not happy with how we have handled any complaint you may make, you may want to submit your complaint for online resolution to the European Commission Online Dispute Resolution platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN