Terms of Sale
HeartMath Terms of Sale
1. About us
1.1 We are HeartMath Ltd (“We”, “Our”, “Us” “HeartMath”). We are registered in England and Wales under company number 07372918 and have our registered office atSt James House, 9-15 St James’ Rd, Surbiton KT6 4QH.
1.2 You can contact us by writing to us at info@heartmath.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 14.2 below.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Products by us to you (Contract). These Terms are in addition to and should be read in conjunction with any terms governing your use of our website (the Website Terms of Use) and our terms about how we process any personal data we collect from you or you provide to us (the Privacy Policy).
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the item(s) specified in the order (Products) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive a notification from us on the order page acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it and confirm that the Products have been dispatched or are available for download, at which point the Contract between you and us will come into existence.
3.5 If we cannot accept your order. If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
4. Our Products
4.1 Any images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images.
4.2 The packaging of your Products may vary from that shown on any images on our site.
4.3 We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
5. Cancellation and Returns Process
5.1 For any Products bought online, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days from the day you receive the Product and receive a refund. However, you will lose this statutory right to cancel the contract if the Product is digital content once you start to download such content, and you shall not be entitled to receive a refund.
5.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us by posting them to us at Cumbrae Lodge, Ditton Hill, Surbiton, Surrey, KT6 5EN. If you are exercising your statutory right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
5.3 We will pay the costs of return if:
(a) the Products are faulty or misdescribed;
(b) you are ending the contract because we have told you of an upcoming change to the Product 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; or
(c) if you are exercising your statutory right to change your mind.
In all other circumstances, you must pay the costs of return.
5.4 In addition to your statutory rights set out in clause 4.1, HeartMath offer a 60-day money back guarantee on all biofeedback Products. You may cancel the Contract and receive a refund, or receive a replacement Product if you notify us in accordance with our Warranty and Returns Policy.
6. Delivery, transfer of risk and title
6.1 We will contact you with an estimated delivery date, which will be within 30 days after the date on which we email you to confirm our acceptance of your order. If for any reason we anticipate not being able to send over the Products within 30 days, we shall contact you to agree an alternate delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 (Events outside our control) for our responsibilities when this happens.
6.2 All our Products are sent within the UK and Ireland using Royal Mail Tracked 24 or Royal Mail Tracked 48 and a signature is required for delivery. International shipping may be via the most appropriate courier and in all cases we will provide tracking. Delivery is complete when it is signed for irrespective of whether the individual had authority to sign on your behalf. The Products will be at your risk from that time. If for any reason you do not receive your Product within 5 days of us having confirmed that the Product has been dispatched, please contact us to let us know as soon as possible.
6.3 You own the Products once we have received payment in full, including of all applicable delivery charges.
6.4 If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement Products of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products.
6.5 If you fail to take delivery by the earlier of the date falling 10 days after the day on which we notified you that the Products were ready for delivery or the date the Product is returned to us by Royal Mail, we may resell part of, or all the Products and, after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
7. Delivery charges
7.1 Delivery charges are as displayed to you when you place your order.
7.2 If you order Products from our site for delivery to a destination outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount and you are solely responsible for paying any such charge or tax.
8. Price of Products and delivery charges
8.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 7.4 for what happens if we discover an error in the price of Products you ordered.
8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Products includes VAT (where applicable).
8.4 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Products’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Products’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
9. How to pay
9.1 You can pay for Products using our payment partner, Paypal, or by using a debit card or credit card. A list of the cards accepted by us is displayed to you during the check-out process.
9.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card we accept your order.
10. Our warranty for the Products
10.1 The Products are intended for use only in the UK. We do not warrant that the Products comply with laws, regulations or standards outside the UK.
10.2 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall:
(a) subject to clause 3, conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship.
10.3 Subject to clause 9.4, if:
(a) you give us notice in writing within a reasonable time of discovery (not being later than 7 days) that some or all of the Products do not comply with the warranty set out in clause 9.2;
(b) we are given a reasonable opportunity of examining the Products; and
(c) we ask you to do so, you return the Products to us at your cost,
we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
10.4 We will not be liable for breach of the warranty set out in clause 9.2 if:
(a) you make any further use of the Products after giving notice to us under clause 9.3;
(b) you alter or repair the Products without our written consent;
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(d) the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.5 We will only be liable to you for the Products’ failure to comply with the warranty set out in clause 9.2 to the extent set out in this clause 9.
10.6 These Terms also apply to any repaired or replacement Products supplied by us to you.
11. Our liability: your attention is particularly drawn to this clause
11.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
11.3 We only supply the Products for domestic and private use, or for internal business use. You agree not to use the Products for any resale purposes.
11.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Rights Act 2015;
or any other liability which cannot be excluded or limited by law.
11.5 Subject to clause 10.4, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed either the price paid for the Products or £100.
12. Termination
12.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so; or
(b) you fail to pay any amount due under the Contract on the due date for payment.
12.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. Communications between us
14.1 When we refer to “in writing” in these Terms, this includes email.
14.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
14.3 A notice or other communication is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
14.4 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 email, that such email was sent to the specified email address of the addressee.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. General
15.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
15.3 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.5 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.