Terms and Conditions
The following website page advises you of the terms and conditions on which we supply any products (‘Products’) listed on any of our websites('Sites'). Please read these terms and conditions carefully before ordering any Products from any of our Sites.
If you are a non business customer (‘Consumer’), you should be aware that these terms are our standard client agreement upon which we intend to rely. For your own benefit and protection you should read these terms carefully before ordering any of our Products because we intend that by contracting with us these terms will govern the contract between us. If you do not understand any point please contact us so that we can provide further information to you.
If you are a business customer, you understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept that these terms govern the contract between us, you should not order any Products from our Site.
1. Information About Us
1.1 Our Site is operated by Chaneco Limited (‘we, our, us'). Our main trading address is at 4 Kilvey Road, Brackmills, Northampton, NN4 7BQ. Our VAT number is GB294088133.
2. How the Contract Is Formed Between You and Us
2.1 After placing an order, you will receive confirmation from us (which, depending on the Product ordered, may be email or telephone) acknowledging that we have received your order. This does not mean that your order has been accepted as we may need to verify details about your order or confirm your acceptance of any special delivery charges that may apply for orders for delivery outside the UK. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or other order confirmation to confirm that the Product ordered has been accepted (the 'Order Confirmation'). The contract between us ('Contract') will only be formed when we send you the Order Confirmation.
2.2 We do not provide any medical advice and cannot give any medical opinion as to the suitability of any of our Products for your individual needs and it is your responsibility to consult a medical or orthopaedic professional as to the suitability of our Products for your individual requirements before you place any order. We are under a legal duty to supply Products that confirm with our contract.
3. Availability and Despatch
3.1 Orders for Orthotic Products received before 3.00pm on Monday to Friday will be despatched on the same day that we receive your order and orders placed after 3.00pm or at the weekend or on a Bank Holiday will be despatched on the next working day. Orders for any other Product will be despatched on the date specified by us. Your statutory delivery rights are not affected by our despatch obligations
3.2 We reserve the right to cancel or vary your order if:
3.2.1 we have insufficient stock;
3.2.2 we do not or are unable to deliver to the address specified in your order; or
3.2.3 the price shown for the Products ordered was incorrect.
3.3 If we cancel your order, we will notify you and will refund or credit any payment made by you and we shall not be obliged to pay any compensation to you for any disappointment suffered. If we have insufficient stock we shall contact you to discuss a suitable replacement Product but if we do so you may return the Product to us (at our cost) if the replacement Product is not acceptable to you. Your statutory rights are not affected.
3.4 If you bulk order any Products and we deliver less than the number of Products ordered, you may not reject any of the Products on the grounds that we have delivered less than the number of products specified in your order but we will either deduct from the invoice the price of any undelivered Products or we will dispatch to you like for like replacement Products to complete the bulk order. Your statutory rights are not affected by our instalment delivery policy.
4. Risk and Title
4.1 The Products will be at your risk from the time of delivery. Delivery means to the address specified in the Order or otherwise agreed with us.
4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
4.3 If you do not pay for the Products on the date that payment is due we reserve the right to treat the order for the Products as being cancelled by you whereupon the goods must be returned to us at your cost. This right is without prejudice to any other remedy available to us including without limitation our rights to charge interest on unpaid sums.
5. Price and Payment
5.1 The price of any Products will be the price quoted on our Site from time to time, except in cases of obvious error.
5.2 These prices include any applicable VAT for which you are liable to pay and there are no charges for standard delivery. If you require special delivery or the Products are to be delivered to an address outside the UK, you will be liable for the additional costs of such delivery specified by us, including without limitation any import duties or taxes.
5.3 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.
5.4 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 despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching 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 despatching the Product, or reject your order and notify you of such rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.6 Unless otherwise agreed, payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we despatch your order.
5.7 Unless otherwise agreed by us, payment must be made in full, without counterclaim, set off or any other such deduction.
5.8 If we agree to send an invoice to you and we do not receive payment from you within the date specified on the invoice for the Products, we reserve the right to claim interest at the rate of 8% above the base rate of Barclays Bank Plc from time to time from the date that payment is due to the date that we receive payment, which shall be applicable both before and after judgement.
5.9 Before ordering and using any product you must ensure that the Product that you require is suitable for your particular needs and we recommend that you consult your medical or orthotic practitioner before ordering any Product from us.
5.10 Our returns policy allows you to cancel any order placed online at our Site but we will only refund the full cost of the Product if you cancel your order within 14 calendar days of the date that you receive the Products. If you cancel your order and the Product is not faulty or is not a replacement Product for the product ordered, you must return the Product to us at your cost. Our returns policy also allows you to cancel your order after the statutory cancellation period provided that you pay an administration charge of 10% of the original cost of the Product and return the Product to us at your cost unused, its original packaging and in its original condition within 30 days of the delivery date. This customer service guarantee is in addition to any statutory rights that you may be entitled to receive.
5.11 If you order Orthotic Products as part of your business we reserve the right to change our returns policy set out by informing you of any such change when you place your order with us. Any such notification shall be deemed to vary these terms and will apply to any orders for Products placed with us after we inform you of the change to our returns policy.
5.12 If you are a Consumer we will pay for the cost of returning any Product to us if you cancel your order because the Product is faulty or the Product was a replacement item sent to you as a suitable alternative Product for the Product originally ordered by you.
5.13 We will refund any money received from you using the same method originally used by you to pay for your purchase.
5.14 Time for payment is of the essence.
5.15 Our returns policy does not affect your statutory rights.
6. Our Liability
6.1 We are unable to make any medical diagnosis of your condition and we will not provide any professional orthotic advice or opinion about the suitability of any of our Products for your individual condition. Our Products are sold to you on the basis that you have sought relevant advice from a qualified medical, orthotic professional or similarly experienced practitioner and the Products are provided on the basis that you have made all relevant and reasonable enquiries that the Product you have ordered is suitable for your own individual needs.
6.2 Apart from where we accept liability under paragraphs 6.4.1 to 6.4.4 below, we shall not be liable in any way for any loss or damage that you suffer or incur as a result of you ordering a Product which is unsuitable for your condition or where we custom make a Product to your specification or prescription and the specification or prescription that you provided to us contains material errors or otherwise renders the Product unsuitable for your use. Nothing in this clause 6 shall be deemed to limit or exclude your statutory rights.
6.3 We warrant to you that when used in accordance with the manufacturer’s instructions any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied when used in accordance with the instructions received from your medical or orthotic practitioner. This warranty applies for 45 days for Footwear Products and 90 days for Orthotic Products. Your statutory rights are not affected by this warranty.
6.4 Save where otherwise stated in this agreement, our liability for losses you suffer as a result of us breaking this Agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability:
6.4.1 for death or personal injury caused by our negligence;
6.4.2 under section 2(3) of the Consumer Protection Act 1987;
6.4.3 for fraud or fraudulent misrepresentation; or
6.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.5 We are not responsible for indirect losses which happen as a consequence of our breach of the terms of this agreement, including but not limited to:
6.5.1 loss of income or revenue
6.5.2 loss of business
6.5.3 loss of profits or contracts
6.5.4 loss of anticipated savings
6.5.5 loss of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
7.1 If you order Products from our Site for delivery outside the UK, the Products 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.
7.2 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.
7.3 You will also be liable to pay any additional costs of delivery to any address outside the UK. We will inform you of any such additional costs before your order is confirmed, if requested (subject to a minimum charge of £4.50).
8. Written Communications
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 letter, e-mail or provide you with information by posting notices on our Site. 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 us by writing to the address set out on our Site. 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 that such e-mail was sent to the specified e-mail address of the addressee.
10.1 We are committed to protecting and respecting your privacy.
10.2 For the purpose of the Data Protection Act 1998 (the 'Act'), the data controller is Chaneco Ltd of 4 Kilvey Road, Brackmills, Northampton.
10.2 We may collect the following information about you:
10.1.1 information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Site;
10.1.2 if you contact us, we may keep a record of that correspondence;
10.1.3 information collected if you complete any survey that we use for research purposes;
10.1.4 details of transactions you carry out through our Site and of the fulfilment of your orders; and
10.1.5 details of your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
10.2 We may collect information about your computer, including where available your IP address, operating system and browser type and for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
10.3 We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Site and to deliver a better and more personalised service. They enable us:
10.3.1 to estimate our audience size and usage pattern;
10.3.2 to store information about your preferences, and so allow us to customise our Site according to your individual interests;
10.3.3 to speed up your searches;
10.3.4 to recognise you when you return to our Site.
10.6 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
10.7 We use information held about you in the following ways:
10.7.1 to ensure that content from our Site is presented in the most effective manner for you and for your computer;
10.7.2 to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
10.7.3 to carry out our obligations arising from any contracts entered into between you and us;
10.7.4 to allow you to participate in interactive features of our service, when you choose to do so;
10.7.5 to notify you about changes to our service; and
10.7.6 we may also use your data to provide you with information about our Products which may be of interest to you and we may contact you about these by post, by email or telephone. If you do not want us to use your data in this way, please tick the relevant opt box situated on our Site.
10.8 You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing contacting us by email.
10.9 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
11. Transfer of Rights and Obligations
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 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.
11.3 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.
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
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.
14. Entire Agreement
14.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
15. Our Right to Vary These Terms and Conditions
We intend that 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).
16. Law and Jurisdiction
The Contract between us shall be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
17. Complaints and Disputes
17.1 If you have any complaint about our Products or our service you must in the first instance contact us with the details of your order and your complaint. We are members of the British Healthcare Trades Association (BHTA) and adhere to their code of practice. If we are unable to resolve your complaint to your satisfaction you may contact them directly and we will adhere to BHTA’s conciliation and arbitration procedures. Details of how you can contact us and/or BHTA can be obtained from our Sites.