Terms & Conditions
Welcome to the Onuava Fertility website.
Conditions for use (together with the documents referred to on it), the following paragraphs provide the terms and conditions on which we supply the Products listed on the Website and the terms upon which you agree to use and interact with our Website and services. Please read these Conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these Conditions.
You should print a copy of these Conditions for future reference.
Please click on the button marked “I Accept” at the end of these Conditions if you accept them. Please understand that if you refuse to accept these Conditions, you will not be able to order any Products from our Website. Before you place an order, if you have any questions relating to these Conditions please contact us on 0844 415 2420 between 9.00am and 5.00pm Monday to Friday or email email@example.com.
When reviewing these terms and conditions, the following definitions will apply to capitalised words, unless either otherwise expressly stated or required by the context of use:
“Conditions” means these terms and conditions;
“Delivery Point” means the delivery address provided by you when an order is successfully placed;
“Dispatch Confirmation” means the email of confirmation from us to acknowledge the order and approval of payment and shipment;
“Product” means a product displayed for sale on the Website;
“Product Description” means that part of the Website where certain specific description and, from time to time, terms and conditions in respect of the individual Product are provided;
“Users” means the users of the Website collectively;
“Personal Information” means the details provided by you on registration;
“We/us” means Purple Orchid Pharma Ltd;
“Website” means the website located at http://onuavafertility.com/ or any subsequent URL which may replace it;
“Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer; and
“You” means a user of this Website.
Information about us
http://onuavafertility.com is a website operated by Purple Orchid Pharma Ltd. We are a company registered in England and Wales under company number 07870913 and with our registered office at Albany house, 14 Shute End, Wokingham, Berks, RG40 1BJ. Our main trading address is Purple Orchid Pharma Ltd, PO box 15079, Dunblane, FK15 5BA. Our VAT number is 156645390.
Use of the Website
Registration and Access
By placing an order through our Website, you warrant that: –
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the United Kingdom or Ireland; and
(d) You are accessing our Website from either the United Kingdom or Ireland;
(e) the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects;
(f) you will notify us immediately of any changes to the Personal Information by contacting us on 0844 415 2420 between 9.00am and 5.00pm Monday to Friday or email firstname.lastname@example.org; and
(g) you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
The Website is available only to individuals and others who meet our terms of eligibility (as from time to time prescribed), who have been issued a valid credit/debit card by a bank acceptable to us or are duly registered with an appropriate and applicable payment agent, whose applications are generally acceptable to us and who have authorised us (or such duly appointed payment agent) to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. We hereby reserve the right (at its absolute discretion) to restrict multiple quantities of an item being shipped to any one customer.
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, deny access to or modify the service we provide on our Website without notice (see below). We will not be liable if, for any reason, our Website is unavailable at any time or for any period or to any postal address.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You can browse our Website without providing any personal information, but if you choose not to provide us with certain personal information, this may result in your being unable to use certain services or features offered by us.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
- the privacy practices of such websites;
- the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Description of products
Each Product purchased is sold subject to the Conditions and its Product Description.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Discounts and promotional discount codes offered by http://onuavafertility.com from time to time are valid only for use as part of a purchase made via http://onuavafertility.com, unless otherwise stated.
When you use the Website, you will see that we may offer you recommendations, showing products we think you might like and could perhaps miss when you are browsing the site.
To the extent that we utilise such, these will be based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we may compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.
Your recommendations may change when you make a purchase and move around the site. You might like to add products that interest you to your wish list for future reference.
We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on http://onuavafertility.com. Details of the products we recommend – such as price – are correct at the time recommendations are originally made to you, but can be subject to change without notice.
Purchase of Products
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. Your order constitutes an offer to us to buy a Product. Once we have verified your order and payment details and have approved your order for shipment, we will confirm such acceptance to you by sending you a Dispatch Confirmation that confirms that the Product will be dispatched within 3 working days of receipt of such e-mail. In the unlikely event that we encounter a problem when processing your order, you will receive an email from us detailing the problem and requesting further information. The contract between us (contract) will only be formed when we send you the Dispatch Confirmation.
The contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
You will receive regular updates on your order and delivery status by email from us, as we deem appropriate.
Shipping times will vary but as the items are all sent under Royal Mail or My Hermes service, we would hope that your items will reach you approximately 48 hours from dispatch of goods and 96 hours from placing the order. Please note we cannot take responsibility for any delays to orders due to any difficulties experienced by Royal Mail or My Hermes, customs clearance or payment transaction delays.
Acceptance of any order and subsequent delivery of the Product will be subject to the overall legal and regulatory framework applicable to both Purple Orchid Pharma Ltd and the person submitting the order. Accordingly, we reserve the right to reject any order or part thereof, to the extent we believe (in our absolute discretion) that to fulfill all or part of such order would be in contravention of the applicable legal or regulatory requirement.
Contract cancellations under the Distance Selling Regulations
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price and (to the extent required in accordance with the relevant statutory obligations) delivery charge, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the Products in the same condition in which you received them, and at your own cost and risk.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
Personal Information and Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure and will conduct ourselves in accordance with the procedures that we have set out and detailed to you in these Conditions but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
In addition to the logistical steps set out above, the technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the Products you have ordered. This is not an order confirmation or order acceptance from us.
- Once your order is verified and payment details have been approved and your order ready for shipment, we will send you a Dispatch Confirmation.
- Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the provisions of these Conditions.
Non-acceptance of an order may be a result of a number of reasons including one of the following:
- The Product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Conditions.
The contract will be concluded in English.
The details of your specific order will not be filed by http://onuavafertility.com. If you do require any information regarding orders you have placed with us please contact us on 0844 415 2420 between 9.00am and 5.00pm Monday to Friday or email email@example.com.
Availability and Delivery
Orders placed through the Website are delivered on our behalf by our chosen delivery partners, Royal Mail and MyHermes. Accordingly, these deliveries are conducted in accordance with the terms and conditions applicable to such services as set out on their website. On this basis, you are advised to review such terms and conditions prior to submitting an order and (by placing an order) shall be deemed to have agreed to such.
Unless otherwise agreed in writing by us, delivery of the Products will take place at the Delivery Point.
Any dates specified by us for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
Subject to the other provisions of these conditions we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the contract unless such delay exceeds 180 days.
If for any reason you fail to accept delivery of any of the Products when they are ready for delivery, or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Products shall pass to you (including for loss or damage caused by our negligence);
(b) the Products shall be deemed to have been delivered; and
(c) we may store the Products until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
You shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading and unloading the Products.
Your signature on the delivery note shall constitute acceptance of the Products including but not limited to their quality and quantity
We may deliver the Products by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the contract.
Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to repudiate or cancel any other contract or instalment.
Risk and Title
Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the (i) Products; and (ii) all other sums which are or which become due to us from you on any account.
Until ownership of the Products has passed to you, you shall:
(a) hold the Products on a fiduciary basis as our bailee;
(b) store the Products (at no cost to us) separately from all other products of you or any third party in such a way that they remain readily identifiable as our property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
(d) maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks to the reasonable satisfaction of us. On request you shall produce the policy of insurance to us.
Price and Payment
The price of any Products will be as quoted on our Website, except in cases of obvious error and may be amended by us from time to time.
Products ordered that are a total less than £50 in value will be subject to a packaging and freight charge.
The price for the Products are inclusive of VAT. Any additional charges (such as those applicable to orders under £50 in value) will be provided at the checkout of an order. Except for orders under £50 in value, the price shall be inclusive of all costs or charges in relation to packaging, loading, unloading, carriage and insurance.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with cards as listed on our Website from time to time.
Return of Product
Products may only be returned to us if we have given our prior written consent and issued a returns reference number.
Products shall be deemed to be in accordance with your order unless you notify us in writing within 48 hours of delivery.
We do not supply products on a “Sale or Return” basis.
Products returned by you 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.
Products returned by you within the seven-day cooling-off period once successfully received (in accordance with the requisite Conditions) will be refunded in full, including the cost of sending the item to you in the event of a product defect only, through your original payment method. Please be aware that payments can take up to 14 working days to process depending on your bank or payment provider. However, you will be responsible for the cost of returning the item to us.
We warrant to you that upon delivery and for the period from the date of delivery to the best before date any Product purchased from us through our site is of satisfactory quality. Where we are not the manufacturer of the Product, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your rights to cancel the contract in certain circumstances.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any situation including:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses; or
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to submit an order) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to firstname.lastname@example.org or Purple Orchid Pharma Ltd, PO box 15079, Dunblane, FK15 5BA, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 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, which such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
Events outside our Control
We reserve the right to defer the date of delivery or to cancel the contract or reduce the volume of the Products ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of us including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, you shall be entitled to give notice in writing to us to terminate the contract.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Any waiver by us of any breach of, or any default under any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
If any of these terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Our Right to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time.
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 or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contract (Rights of Third Parties) Act 1999
You agree with us that we do not intend that any term of the contract to be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
Law and Jurisdiction
Contracts for the purchase of Products through our Website will be governed by the laws of England and Wales. You agree to irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.