Terms and Conditions
These terms of sale (Terms of Sale) set forth the terms and conditions on which we, Active Healthcare Solutions Ltd, supply any of the products (Goods) listed on our website www.active-minds.org/us (our site) to you. Please read these Terms of Sale carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be exclusively bound by these Terms of Sale. Please note that we are not accepting any deviating terms of sales of our customers unless we expressly recognize them in writing in the individual case.
You should print a copy of these Terms of Sale for future reference.
1 Information about us
www.active-minds.org/us is a site operated by Active Healthcare Solutions Ltd (also trading as Active Minds) (we). We are registered in England and Wales under company number 07634634 and with our registered office at 72 Leonard Street, London, EC2A 4QX, UK. You can reach us by phone under the following number: +44 (0)203 488 2001 or by using the following email address firstname.lastname@example.org.
2 Service availability
We are unable to accept orders from certain countries. These restrictions will be brought to your attention in the checkout process. For orders placed under www.active-minds.org/us we enter into English language contracts only.
By placing an order through our site by clicking on “Place Order”, you warrant that you are legally capable of entering into binding contracts and that you are not a resident and/or accessing our site from any country not listed in the delivery address section of the checkout process. You further warrant that all details you provide to us for the purpose of ordering or purchasing Goods are true, accurate, current and complete in all respects and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the Goods ordered.
Orders may be placed by individual consumers and by legal entities for personal use and not for resale. Any resale of the Goods acquired through our site is strictly prohibited.
3 How the contract is formed between you and us
3.1 Your order constitutes an offer to us to buy the Goods as set out in that order. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this acknowledgment email does not mean that your order has been accepted. We may, in our sole discretion, choose to not process or accept your order in certain circumstances. This may occur, for example, if the Goods ordered are out of stock, if we suspect the order is fraudulent, or in other circumstances we deem appropriate in our sole discretion.
3.2 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 Goods have been dispatched (the Order Confirmation)
3.3 The contract between us (Contract) will only be formed when we send you the Order Confirmation.
3.4 The Contract will relate only to those Goods whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Order Confirmation.
4.1 These prices on the site are shown in GBP and exclude delivery. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on our site.
4.2 The final prices payable for Goods, including applicable delivery charges and value added taxes (as applicable), are set out in the Order Summary in the field “Order Total” .
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
4.4 We strive to provide accurate pricing information regarding the Goods available on our site. We cannot, however, insure against pricing errors. If there is an error on our site and the correct price is higher than that stated, we are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and could have reasonably been recognized by you as a mis-pricing. We will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
4.5 Payment for all Goods must be by the methods indicated on our site. Currently, we accept the following payment methods: Credit or debit card, bank transfer or cheque. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods. We will not take payment until we are ready to dispatch your order. You are responsible for any costs associated with money transactions.
4.6 We reserve the right to remove any Goods from sale on our site at any time.
5 Statutory right of revocation in respect of Goods
Subject to the further terms set out below (including some important exceptions), when you purchase Goods from www.active-minds.org/us you have a statutory right of revocation:
Information regarding the statutory right to cancel:
You have the right to cancel your contract with us within 14 days without giving any reasons. The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires possession of the last item in your order.
To exercise the statutory right to cancel you must inform us by contacting us in one of the following ways:
You may also use the attached cancellation form, but you are not obliged to do so.
To meet the cancellation deadline, you must send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
What happens after you have told us you wish to cancel:
If you cancel the contract under the statutory right to cancel, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You must return the items you no longer want to us without undue delay, and in any event not later than 14 days from the day on which you told us you were cancelling the contract.
You will be required to pay the return shipping costs.
You are only obliged to cover any depreciation in the value of returned items if the depreciation is attributable to your improper handling of the returned items when examining their condition, properties and function.
(If you wish to cancel the contract, please complete this form and return it to us)
Attn: Healthcare Solutions Ltd, 72 Leonard Street, London, EC2A 4QX, UK, telephone: +44 (0)203 488 2001, e-mail: email@example.com
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*):
— ordered on (*)/received on (*)
— name of customer(s)
— address of customer(s)
— signature of consumer (s) (only if this form is notified on paper),
(*) Delete as appropriate
The right of cancellation expires prematurely for contracts subject to sealed goods which have been unsealed after delivery and which are not suitable for return due to hygienic reasons.
* * * End of notice * * *
6 Cancellation by us
6.1 We reserve the right to cancel the Contract between us if either:
6.1.1 we have insufficient stock to deliver the Goods you have ordered; or
6.1.2 we do not deliver to your area.
6.2 If we do cancel your Contract we will notify you by e-mail and will re-credit to your account any sum deducted by us in the same method as the payment was made as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7 Delivery of Goods to you
7.1 We will deliver the Goods ordered by you to the address you give us for delivery at the time you make your order.
7.2 We will use reasonable efforts to provide delivery by the estimated delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
7.3 You will become the owner of the Goods you have ordered when they have been delivered to you. Once Goods have been delivered to you they will be held at your own risk.
7.4 We attempt to provide accurate descriptions of Goods offered through our site. In addition, we have made every effort to display as accurately as possible the colors and styles of the Goods that appear on our site, but we cannot guarantee that your computer monitor's display of any color or style will be accurate. We do not warrant that the descriptions of the Goods are accurate, complete, reliable, current or error-free. If any of the Goods offered through our site are not as described, please make use of your statutory right of revocation (cf. Article 5 above).
8 Returns / Refunds
8.1 Please contact us if Goods purchased from our website are defective.
8.2 When you return Goods to us because you claim that the Goods are defective, we will
8.2.1 examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time;
8.2.2 process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods.
8.3 Goods returned because of a confirmed defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.1 We shall be liable – regardless of the legal reason – only in case of a violation of a duty which is material to the contract. Said liability shall be limited to the extent of the damage which we have typically expected on conclusion of the contract given the circumstance known at the time. The typically foreseeable damage shall be the value of the Goods you have complained about.
9.2 EXCEPT AS OTHERWISE PROHIBITED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING LOSS OF PROFITS, BUSINESS OR GOODWILL).
9.3 Any claims for damages due to willful intent or gross negligence on our part, the culpable violation of a duty which is material to the contract in a manner which jeopardizes the achievement of the purpose of the contract (cardinal obligation), due to the product liability act, due the assumption of warranty or due to injury of life and limb or health shall not be limited or excluded by the provisions in this section.
9.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
9.5 Notwithstanding the foregoing, nothing in these Terms of Sale is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.
10.1 All notices given by you to us must be given in writing to Active Minds at 72 Leonard Street, London, EC2A 4QX, UK or by email to firstname.lastname@example.org
10.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order or by posting a notice on our site.
10.3 Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of mailing 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 mail and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11 Information about you and your visits to our site
12 Events beyond our control
We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, acts of God, war, riots, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Terms of Sale is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14 Import duty
14.1 If you order Goods from our site for delivery outside the US, 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.
14.2 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.
15 Our right to vary these Terms of Sale
We have the right to amend these Terms of Sale from time to time and you will be subject to the policies and Terms of Sale in force at the time that you order products from us. You should consult the most updated version of the Terms of Sale at any time by clicking the link "Terms of Sale” before making your purchase.
16 Governing law
The contract between us shall be governed by and interpreted in accordance with English law, subject to mandatory provisions applicable in the country you reside. The English courts shall have jurisdiction to resolve any disputes between us. If you are a consumer, however, you may also bring proceedings in the courts of the country you reside. In addition, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform here.
17 Entire agreement
Version dated: October 17th, 2019