Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Goods) listed on our website www.active-minds.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1 Information about us
www.active-minds.co.uk 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 Unit 25, 14-22 Coleman Fileds, London, N1 7AD.
2 Service availability
We are unable to accept orders from certain countries. These restrictions will be brought to your attention in the checkout process.
By placing an order through our site, 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.
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 does not mean that your order has been accepted.
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 The prices payable for Goods that you order are as set out in our site from time to time, except in cases of obvious error.
4.2 These prices 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 in our site.
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 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 a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised 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. We will not take payment until we are ready to despatch your order.
5 Consumer rights for you to cancel your contract
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund for the price paid in accordance with our refund policy in clause 9.
5.2 To cancel a Contract, you must inform us in writing or by email to the addresses set out on our “Contact Us” page.
5.3 You must also pay the costs of returning the Goods to us and must return them in the same condition in which you received them, and at your own risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession.
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
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 Delivery will be made by the 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.
8.1 If Goods are returned to us because you have cancelled the Contract within the seven-day cooling-off period under clause 6.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for paying the cost of returning the item to us and if you return the Goods with insufficient postage paid, we reserve the right to deduct any costs we incur in paying for the missing postage (and any penalties) from the refund due.
8.2 When you return Goods to us for any reason other than under clause 6.1 (for instance, because you claim that the Goods is 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 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 warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the Goods in question.
9.3 If you do not receive the Goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Goods.
9.4 If you notify a problem to us under this condition, our only obligation will be, at your option:
9.4.1 to make good any shortage or non-delivery;
9.4.2 to replace any Goods that are damaged or defective; or
9.4.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
9.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause 10.4.3 above.
9.6 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.
9.7 Notwithstanding the foregoing, nothing in these terms and conditions 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 nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or due to our fraud.
10.1 All notices given by you to us must be given in writing to Active Minds at Unit 25, 14-22 Coleman Fields, London, N1 7AD 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 posting 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 post 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, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions 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 UK, 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 and conditions
We have the right to amend these terms and conditions from time to time and you will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies.
16 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
17 Entire agreement
Version dated: 01 June 2011