Terms & Conditions

Insightergonomics.co.uk– Website Sales Terms and Conditions

These Terms and Conditions are the standard terms and conditions that apply to the sale of all Equipment by us, Insight Health Screening limited, a company registered in England and Wales under number 06992046, whose registered office address is at Suite 24 Llan Coed House, Llandarcy, Neath, SA10 6FG.

Please note that our site is not intended for Consumers. However, we understand that Consumers may purchase our Equipment.

Definitions and Interpretation

• In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Consumer” is as defined in the Consumer Rights Act 2015;

            “Contract” means the contract for the purchase and sale of the Course, as explained in clause 3;

            “Customer” means you, the individual placing an Order with us             

            “Equipment” means the Ergonomic Eequipment purchased by you from us and confirmed in our Order Confirmation;

            “Order” means your order for the Equipment;

            “Order Confirmation” means our acceptance and confirmation of your Order as described in clause 3;

            “We/Us/Our” means us, Insight Health Screening Limited, and includes all employees and agents of ours; and

            “Website” means https://www.insightergonomics.co.uk

Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.

 

2. Access to and Use of Our Website

2.1 Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website

2.2 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice.  We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.

2,3 Use of our Website is subject to our Privacy Policy, which is included on our Website. Please ensure that you have read them carefully and that you understand them.

 

3. The Contract

3.1 These Terms and Conditions govern the sale of all Equipment by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process.

3.2 Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting your order to us or accepting our Quotation. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

3.3 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept.  Our acceptance is indicated by us sending you an Order Confirmation by email.  Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.

3.4 Once we have received confirmation that the Equipment is in stock and payment has been authorised, we will contact you via email to let you know that your order has been processed.

3.5 If we, for any reason, do not accept or cannot fulfil your Order, If we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).

 

4. The Equipment

4.1 We have made every reasonable effort to ensure that the Products conform to the images and descriptions provided on our Website. However, please note that certain colours may look different to the actual colour of the Products, when displayed on your electronic device.

4.2 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice. We may also choose to change suppliers or make minor, non-aesthetic alterations to the specification of any Equipment without consulting you first.

4.3 We neither represent nor warrant that particular Equipment will be available. Stock indications are not provided on our Website.  If the Equipment is not available, the provisions of clause  8  will

4.4 The responsibility (sometimes referred to as the “risk”) for the Equipment remains with us until they have been delivered to or collected by you, at which point it will pass to you.

4.5 You own the Products only once we have received payment in full of all sums due (including any delivery charges if applicable).

4.6 Please note that due to the nature of the Equipment, it may take a reasonable amount of time in order to allow the user of the Equipment to “grow used” to it. More information on this can be located on our Frequently Asked Questions page on our website.

5. Price and Payment

5.1 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every effort to correct such errors or omissions as soon as is reasonably possible.  If there is an obvious pricing error, we will be under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing.  Prices will be checked when we process your Order.

5.2 All Equipment is priced in pounds sterling (£GDP) and, unless stated otherwise, inclusive of all delivery and shipping charges.

5.3 We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.

5.4 All payments made via the Website will go through a secure payment gateway. We accept PayPal and Klarna. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to PayPal or Klarna terms and conditions. A separate contractual relationship is created between you and the third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by the third party.

5.5 Payment for the Equipment shall be made by you in advance at the time of Order, unless an occupational health contractual agreement with Insight Health Screening is in place, you may then opt for the invoice option at the payment terms agreed in your occupational health contract.

5.6 We do not accept liability if delivery of the Equipment is delayed because you have provided us with incorrect payment details.

6. Delivery and Collection

6.1 We will typically dispatch all Orders within 1-2 working days unless we have stated otherwise. In the case of Bespoke Orders, please allow up to 4-6 weeks before dispatch.

6.2 You can choose to collect your Order from our premises, or you can select standard or next working day delivery, with timed options, as part of the Order process. We can currently only deliver to mainland UK addresses.  If we cannot fulfil your Order, clause  8 will apply.

6.3 If you wish to collect your Order, we will notify you when it is ready to collect. Our opening hours are Monday – Friday, 8:30am – 5.00 pm, excluding bank holidays in England.  You will need to provide us with as much notice as possible before collecting, and you will need to bring proof of order, together with purchase order numbers where applicable.  We reserve the right to refuse collection if you are unable to comply with this clause 6.3, in which case we may cancel your order or arrange delivery at your cost.

6.4 Orders being delivered by standard delivery will normally be despatched within 7 days after the date of our Order Confirmation.

6.5 For Orders with timed delivery, we will use all reasonable endeavours to ensure that they arrive within the specified timeframe, however, we cannot guarantee this will be possible. If, for any reason, the Order does not reach you by the specified time (except in accordance with clause 6.8), we will refund the cost of the delivery.

6.6 In any event, if your Order has not arrived by the estimated delivery date, please contact us as soon as possible so we can investigate.

6.7 If the Products are not in stock or are only partially in stock when the Contract is formed, we will contact you to advise of this and to ask if you would prefer us to deliver the Products in instalments as they arrive in stock or if you would prefer to wait for the entire delivery when we have all the Products in stock. Please note each part-delivery may incur separate delivery costs.

6.8 If no-one is available to accept the delivery, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Products. The redelivery may be chargeable.

6.9 Delivery will be to the kerbside only. If there are likely to be any delivery restrictions to your chosen address, you must contact us before placing your Order, as this may incur additional costs.

6.10 If you do not collect the Order from us or rearrange any failed delivery within 7 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we may treat the Contract as cancelled and recover any Products you have not yet paid for.

7. Cancellations for Business Customers Only

7.1 If you are not a Consumer, you may not cancel any Order which we have accepted, except with our prior written consent, and provided:

7.1.1 you inspect the Equipment on delivery. Where the Equipment cannot be examined, the delivery note or such other note as appropriate must be marked as “not examined”;

7.1.2 you inform us that you wish to return the Equipment within 48 hours of delivery;

7.1.3 the Equipment remain in their original condition, as delivered, and are returned to us in their original, un-opened packaging, with proof of purchase;

7.1.4 the Equipment is returned at your risk and you agree to bear the cost of delivery to us; and

7.1.5 you indemnify us against any cost incurred by us where the Equipment has deteriorated due to incorrect storage or use while in your possession.

7.2 If, on receipt, we prove the Equipment to be damaged or defective, and you comply with clause 7.1 above, we may refund the cost of standard delivery at our discretion. We will not reimburse for next day, timed or premium delivery.

7.3 We may offer to replace the Equipment (or the defective part of them) or offer you a credit or refund at our discretion. This will only be issued to you once we receive the original Equipment back.

7.4 If the Equipment is not returned in the original packaging, we will charge or deduct a small fee from the refund or credit as applicable.

7.5 Payment of invoices should be made in full on the invoice due date irrespective of whether delivery has been made for bespoke orders.

8. Cancellations by Us

8.1 We may cancel your Order at any time before we despatch the Products to you, if the Products are no longer in stock and we are unable to re-stock (if, for example, the Products are discontinued); or if an event outside of our control occurs (please see clause 10).

8.2 If we cancel your Order, we will confirm this in writing and if you have already paid, we will refund the payment to you within 14 days.

8.3 If you are a business customer, we may cancel any Order, suspend further deliveries, terminate your account and/or charge you interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate

8.4 if you breach your Contract with us, or if you become insolvent, bankrupt or anything similar occurs. In this event, we will have the right to request immediate payment for any Products that have been delivered but not yet paid for, and we will be entitled to require you to deliver any Products to us in which we retain ownership and, if you fail to do so, to enter upon any premises of yours or any third party during normal working hours where the Products are stored and repossess them.

9. Our Liability

9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

9.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

9.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

9.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer, where applicable. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

9.5 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance so we can investigate.

 

10. Events Outside of Our Control: We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, acts of terrorism or war, pandemic, epidemic, governmental action, natural disaster, or any other event that is beyond our control.

 

11. Data Protection: All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK GDPR and any changes to them.  For further information, please refer to our Privacy Policy on our Website.

 

12. Communication, Complaints and Feedback

12.1 If you wish to contact us in writing, please contact Insight Ergonomics, Suites 20-24, Llan Coed House, SA10 6FG, or email complaints@insightergonomics.co.uk

12.2 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.

 

13. Other Important Terms

13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.

13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

13.4 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed the Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.

13.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

 

14. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.