GLOBE AESTHETIC AND MEDICAL TECHNOLOGIES LIMITED

CONSUMER TERMS OF BUSINESS FOR NATURE PULSE

1. THESE TERMS
   1. What these terms cover. These are the terms and conditions on which we supply our Naturepulse™ treatments to you when you order by phone, email or via our website at www.naturepulse.co.uk.
   2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Nature Pulse treatments to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms will form the basis of the contract between us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
   1. Who we are. We are Globe Aesthetic and Medical Technologies Limited a company registered in England and Wales. Our company registration number is 2611941 and our registered office is at Unit D7 Sandown Industrial Park, Mill Road, Esher, Surrey KT10 8BL. Our registered VAT number is GB849738662.
   2. How to contact us. If you have any query about the Nature Pulse device, or how to order additional treatments, you can contact us by telephoning our customer service team at 01372471100 or by writing to us at sales@naturepulse.co.uk or Globe AMT Ltd Unit D7 Sandown Industrial Park Esher Surrey KT10 8BL.
   3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
   1. How we will accept your order. You can place an order for our Nature Pulse treatments by phone, email or via our website. Our acceptance of your order will take place when we email or accept it over the phone (with a written confirmation to follow) following payment, at which point a contract will come into existence between you and us. This does not include an email order acknowledgement, which is auto-generated.
   2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you. This might be because of a technical error, because we have identified an error in the price or description of the treatment or because we are unable to meet a delivery deadline you have specified.
   3. We only sell to the UK. We only sell and promote the Nature Pulse product in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. NATURE PULSE
   1. We will hire out the Nature Pulse device to you so that you can have the treatment that you order. Treatments may be ordered in blocks of 10 and for your initial order we will preload the Naturepulse™ device with the number of treatments ordered and paid for by you. The device itself remains our property (subject to clause 8.1) and you must return this within one week of the end of the treatment, in good working order.
   2. We do not warrant or guarantee that the treatment will improve or heal your symptoms or that it is suitable for you personally. If you have any concerns we recommend that you take your GP's advice before placing an order and commencing treatment, and by placing the order you confirm that you have done so.
   3. Because the device remains our property (unless clause 8.1 applies), you are responsible for taking care of it while you are using it and until you return it to us. This means that you must not remove any labels from the device, interfere with it or its working parts in any way and shall only use it for its proper purpose, in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to you. In addition, you must notify us immediately after any breakdown, error, loss or damage to the device. You must keep the device in your possession and control at all times and not remove it from the premises notified to us except to return it to us.
   4. We recommend and may require that you return each device to us every 6 months so that we can carry out a routine check of it and provide a replacement if necessary, but this does not apply where you have purchased the device pursuant to clause 8.1.
5. YOUR RIGHTS TO MAKE CHANGES
   1. If you wish to make a change to order, 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 treatments, 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
   1. Minor changes to the products. We may change the Nature Pulse device and/or treatments:
      (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements. These changes will not affect your use of the device or treatment.
   2. More significant changes to the product and these terms. Where we need to make more significant changes to the device/treatment, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any treatments paid for but not used or received.
7. DELIVERY
   1. Initial order. Your initial order will be for a set number of treatments, which you specify to us at the time of placing the order. Whilst we advise on the number of treatments that you may require, the number of treatments you order is your sole decision. If your order is accepted, we will preload the ordered number of treatments onto the Naturepulse™ device and deliver this to the address you gave us in your order within 30 days of the date notified with your order. The costs of delivery will be as displayed to you on our website or notified to you before you place the order. Return delivery is prepaid and included in the price.
   2. Additional treatments. You may order additional treatments in blocks of 5 treatments at any time by contacting us by phone or email (see details in clause 2.2) and, once the order is confirmed and we have received payment in full for the additional treatments, we will contact you to let you have the necessary code to download the treatments. This will usually be within 2 working days of receipt of payment.
   3. We are not responsible for delays outside our control. If our supply of the preloaded device or code for treatments is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any treatments you have paid for but not used or received.
   4. If you are not at home when the initial order is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
   5. If you do not re-arrange delivery. If you do not collect the device from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them 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 11.2 will apply.
   6. Your legal rights if we deliver goods late. If we miss the delivery deadline, you may treat the contract as at an end straight away if any of the following apply: (a) we have refused to deliver the goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) and you told us before we accepted your order that delivery within the delivery deadline was essential.
   7. Setting a new deadline for delivery. 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 7.6, 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. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 and 7.7, you can cancel your order and we will refund any money paid for the order. If the order relates to additional treatments only, then you must return the Nature Health device to us when you cancel the order. If you have not returned the device to us within 7 days of the date of cancellation of the order, we will be entitled to take payment in accordance with clause 8.1.
8. PRICE AND PAYMENT
   1. The cost of hiring the device and ordering treatments and subsequent purchase of the device. We hire out the device to you free of charge for the duration of your treatment. When you order your block of treatments, you will be informed of the window during which the treatments should be used. At the end of that window you should return the device to us or, if you decide you would like further treatments, you should order additional treatments. If within one week after the expiry of the treatment window, you have not either returned the device to us or ordered additional treatment, we will require you to purchase the device from us. When you place your initial order you will be informed of the cost of this device and will be asked to provide us with authorisation to charge your debit or credit card if the device is not returned at the end of the treatment window and we will then process that transaction if the device is not returned or additional treatment booked as mentioned above - unless otherwise agreed with us in writing.
   2. The price: the price for the treatment course you have ordered and cost of purchasing the device if not returned will be notified to you by email, over the phone or in writing by post and confirmed in our order acknowledgement.
   4. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the device or treatments, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
   5. When you must pay and how you must pay. We accept payment with Paypal, American Express, Mastercard, Visa or Debit Cards. When you must pay depends on what you are buying: (a) For the initial order of treatment, you must pay for the Naturepulse™ treatments before we dispatch the device. We will charge your paypal account, credit or debit card on order acceptance. (b) For additional treatments, you must pay for the treatments before you download them or use the code. (c) For the device: as set out in clause 8.1.
   6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
   7. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
9. YOUR RIGHTS TO END THE CONTRACT
   1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2; (c) If you have just changed your mind about the treatment, see clause 9.3.
   2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any treatments which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the device/treatment or these terms which you do not agree to (see clause 6.2); (b) we have told you about an error in the price or description of the treatment you have ordered and you do not wish to proceed; (c) there is a risk that supply of the device/treatment may be significantly delayed because of events outside our control; (d) we have suspended supply of the device/treatments for technical reasons; or (e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).
   3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
   4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of: (a) The Naturepulse™ device, once this has been unsealed after delivery to you; or (b) Additional treatments downloaded or where the treatment code is activated by you.
   5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. (a) In relation to the additional treatments you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you activate the code. (b) In relation to the Naturepulse™ device you have 14 days after the day you receive the goods, unless you remove the seals from the device within that period in which case your right to change your mind finishes.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: (a) Phone or email. Call customer services on 01372471100 or email us at sales@naturepulse.co.uk, or. Please provide your name, home address, details of the order and, where available, your phone number and email address. In addition you should return the Nature Pulse device to us at the address specified in 10.1(c) below. (b) By post. Simply write to us at Globe AMT Ltd Unit D7 Sandown Industrial Park Esher Surrey KT10 8BL and post it to us, together with the Naturepulse™ device, including details of what you bought, when you ordered or received it and your name and address.
    2. Returning device after ending the contract or after expiry of treatment window. If you end the contract for any reason after the device or treatments have been dispatched to you or you have received them, or if your treatments finish and you do not order additional treatments, you must return the device to us within 7 days of informing us (see clause 10.1 on how to inform us). You must either return the device in person to where you bought them or post them back to us at Globe AMT Ltd Unit D7 Sandown Industrial Park Mill Road Esher Surrey KT10 8BL. If you are exercising your right to change your mind you must send off the device within 14 days of telling us you wish to end the contract. You should keep proof of posting.
    3. When we will pay the costs of return. We will pay the costs of return: (a) if the device/treatment are faulty or misdescribed or the treatments cannot be downloaded or activated; (b) if you are ending the contract because we have told you of an upcoming change to the device/treatment or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
    4. How we will refund you. We will refund you the price you paid for the treatments and delivery costs (where applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
    5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Naturepulse™ device, if this has been caused by your handling it in a way which is not appropriate or not in accordance with the operating guidelines. If we refund you the price paid before we are able to inspect the device and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount. (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
    7. Charging your card. If you do not return the device within 7 days of the end of the treatment window and have not ordered additional treatments for that device, your card will be charged for the cost of the device, pursuant to clause 8.1.
11. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due; (b) you do not, within a reasonable time, allow us to deliver the device/treatment to you or collect them from us; (c) you do not return the device to us.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for treatments you have not used but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. IF THERE IS A PROBLEM WITH THE DEVICE
    1. How to tell us about problems. If you have any questions or complaints about the device, please contact us immediately. You can telephone our customer service team at 01372471100 or write to us at sales@naturepulse.co.uk or Globe AMT Ltd Unit D7 Sandown Industrial Park Esher Surrey KT10 8BL.
    2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. If the Naturepulse™ device is faulty or you cannot use the treatments, you should give us clear detail of the problem so that we can try to rectify it. If we cannot do this without you returning the device, we will refund you the postage costs, unless you purchased the device from us pursuant to clause 8.1 more than 12 months previously in which case it will be at your own cost.
    3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject the device/treatments you must return them in person to where you bought them or post them back to us.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the device/treatments; and for defective products under the Consumer Protection Act 1987.
    3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the device or treatments for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we will use your personal information. We will use the personal information you provide to us: (a) to supply the device/treatments to you; (b) to process your payment for the device/treatments; and (c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
    2. We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not return the device and we do not chase or immediately take payment, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.