Condition of Sale

1. Introduction

1.1 These terms and conditions shall govern the sale and purchase of products through our website.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2. Interpretation

2.1 In these terms and conditions:

(a) “we” means Therapy Hand Ltd or Therapy Hand and

(b) “you” means our customer or prospective customer,

and “us”, “our” and “your” should be construed accordingly.

3. Order process

3.1 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

4. Products

4.1 The following types of products are available for purchase on our website: electronic massage devices

5. Prices

5.1 Our prices are quoted on our website.

5.2 We will from time to time change the prices quoted on our website 

5.3 All amounts stated in these terms and conditions or on our website are stated [inclusive of VAT] 

5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you during the checkout process.

6. Payments

6.1 You must, during the checkout process, pay the prices in UK sterling (GBP) of the products you order.

6.2 Payments may be made through the companies listed on the website at checkout.

6.3 If you fail to pay to us the amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we will withhold the products ordered and cancel the contract of sale for the products.

6.4 If you make an unjustified credit card, debit card payment you will be liable to pay us, within 14 days following the date of your initial order: 

(a) an administration fee of GBP 25.00 including VAT

7. Credit accounts

7.1 To be agreed directly with Therapy Hand Ltd.

8. Deliveries

8.1 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process (see delivery policy).

8.2 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

9. Distance contracts: cancellation right

9.1 This Section 9 applies if and only if you offer to contract with us as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

9.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, 14 days after the day on which the last of those products, comes into your physical possession or the physical possession of a person identified by you to take possession of them).

9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel. You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by email or by phone. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired, 14 days after the purchase date.

9.4 If you cancel a contract on the basis described in this Section 9, you must send the products back to us. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you.

9.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

9.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. 

9.8 We will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

10. Risk and ownership

10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.

10.2 Ownership of a product that you purchase from us will pass to you upon the later of: 

(a) delivery of the product and receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

11. Warranties and representations

11.1 You warrant and represent to us that: 

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions[ and our delivery policy.

11.2 We warrant to you that: 

(a) we have the right to sell the products that you buy

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c) you shall enjoy possession of the products you buy, except as specified in these terms and conditions

(d) the products you buy will correspond to any description published on our website

(e) the products you buy will be of satisfactory quality.

11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence

(b) limit or exclude any liability for fraud or fraudulent misrepresentation

(c) limit any liabilities in any way that is not permitted under applicable law

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: 

(a) are subject to Section 12.1

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software[, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply].

12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage[, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply].

12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Scope

13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

14. Variation

14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

16. No waivers

16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

17. Severability

17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

18. Third party rights

18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

19.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

20. Law and jurisdiction

20.1 These terms and conditions shall be governed by and construed in accordance with the applicable law.

21. Statutory and regulatory disclosures

21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2 These terms and conditions are available in the English language only.

21.3 The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr.[ The online dispute resolution platform may be used for resolving disputes.]

22. Our details

22.1 This website is owned and operated by Therapy Hand Ltd.

22.2 We are registered in Scotland under registration number SC 654460 and our registered office is at 3 Millar Road, New Cumnock Ayrshire KA18 4AJ.

22.3 Our principal place of business is at the above address.

22.4 You can contact us:

(a) by telephone on (01290) 558077 

(b) by email hello@therapyhand.co.uk