Effective: June 26, 2021
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITES
Please note the provisions of clauses 1 to 11 and 23 to 39 are of general application. The provisions of clauses 12 to 22 are only relevant to the purchase of products through our Sites.
1.1 These are the terms and conditions ("Terms of Service") which apply to:
1.1.1 your use of, and any services or features provided in connection with, the website operated by us at https://www.medik8.com.cy and any related social media (the “Sites”); and
1.1.2 the purchase of products (including e-gift cards) by you through the Sites.
1.2 The Site are only for users in the Cyprus ("Territory") and are directed to people currently residing in the Territory. We do not represent that content available on or through our Sites is appropriate for use or available in other locations. Products made available for purchase on the Sites are for sale to customers who currently reside in and select a shipping address in the Territory. If you reside, or select a shipping address, in a country outside the Territory you should use one of our other sites, as appropriate.
1.3 Any reference to “we” or ”us” or ”our” or "Pangaea" in these Terms of Service is a reference to Pangaea Laboratories Limited whose registered office is at Pergamou 3, Germasogeia, 4041. Any reference in these Terms of Service to "you" or "your" or “yours” or ”yourself” or ”yourselves” means you, the user of the Sites or customer or prospective customer for products available for purchase on the Sites.opriate.
1.4 You must be at least 18 years of age to use our Sites. By using our Sites or agreeing to these Terms of Service, you warrant and represent to us that you are at least 18 years of age.e.
1.5 These Terms of Service refer to the following additional terms, which also apply to your use of our Sites:
1.5.3 our Medical Disclaimer; which clarifies the purpose of and limitations relating to any medical information given on any of our Sites;
1.5.4 our Shipping Policy; which sets out additional terms applicable to the delivery of any products purchased through our Sites;
1.5.5 our Refund Policy; which sets out details of the cancellation and refund policies that may apply to the purchase of products through our Sites; and;
1.5.6 our Competition Terms and our Promotion Terms; which apply in addition to these Terms of Service in respect of any prize competitions, prize draws or promotions that we may operate from time to time.
1.6 The section headings contained in these Terms of Service are inserted for convenience and reference purposes only and shall not in any way affect the meaning or interpretation of the clauses and provisions contained in these Terms of Service.
1.7 These Terms of Service do not affect any statutory rights you may have as a consumer.
2. ACCEPTANCE OF THESE TERMS OF SERVICE
2.1 By using our Sites, you accept these Terms of Service in full and agree to comply with them; accordingly, if you disagree with these Terms of Service or any part of these Terms of Service, or any change that we may subsequently make to these Terms of Service, you must not use our Sites.
2.2 You will be asked, either when you register for an account, or at the point of placing an order for the purchase of any products on our Sites, or possibly at other times when you submit material to the Sites, to give your express agreement to these Terms of Service.
2.3 Please read these Terms of Service carefully as they affect your rights and liabilities. We recommend you keep a copy of these Terms of Service for your future reference. Note that these Terms of Service are only available in English. If you have any queries regarding these Terms of Service then please contact us.
3. USE BY YOU OF MATERIAL ON OUR SITES
3.1 We are the owner or the licensee of all intellectual property rights in our Sites and in the material published by us on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 Medik8® is one of the many registered and unregistered trade marks that we own. Please see here for a more complete list of the marks we own. You are not permitted to use any of our marks without our approval, unless they are part of material you are using as expressly permitted under these Terms of Service.
3.3 All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all our products or services or third-party products or services, whether or not appearing in large print or with any trade mark symbol, belong exclusively to us or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trade mark or copyright laws and other similar laws. The use or misuse of these trade marks or materials, except as permitted under these Terms of Service, is expressly prohibited, and nothing otherwise stated or implied on the Sites confers on you any licence or right under any trade mark of ours or any third party.
3.4 You may:
3.4.1 view pages from our Sites in a web browser;
3.4.2 download pages from our Sites for caching in a web browser;
3.4.3 print pages from our Sites;
3.4.4 stream audio and video files from our Sites; and
3.4.5 use our Sites' services by means of a web browser;
subject to the other provisions of these Terms of Service.
3.5 Except as expressly permitted by clause 3.4 or the other provisions of these Terms of Service, you must not download any material from our Sites. This does not prevent you from downloading or printing a copy of these Terms of Service.
3.6 Except as expressly permitted by these Terms of Service, you must not edit or otherwise modify any material on our Sites. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.7 Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
3.8 Unless you own or control the relevant rights in the material, you must not without our express and revocable written permission:
3.8.1 republish material from our Sites (including republication on another website);
3.8.2 sell, rent or sub-license material from our Sites;
3.8.3 show any material from our Sites in public;
3.8.4 exploit material (including any product listings, descriptions, or prices) from our Sites for a commercial purpose; or
3.8.5 redistribute material from our Sites.
3.9 We reserve the right to restrict access to areas of our Sites, or indeed the entirety of any of our Sites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Sites.
3.10 You must not use meta tags or any other hidden text using any of our trade marks (including Medik8®) without our express written consent.
4. ACCEPTABLE USE OF OUR SITES
4.1 You may use our Sites only for lawful purposes. You may not use our Sites:
4.1.1 in any way that breaches any applicable local, national or international law or regulation;
4.1.2 in any way that is, or whose purpose or effect is, unlawful, fraudulent or harmful;
4.1.3 for the purpose of harming or attempting to harm minors in any way;
4.1.4 to bully, insult, intimidate or humiliate any person;
4.1.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in clause 10 below;
4.1.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
4.1.7 to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4.1.8 to conduct any systematic or automated data collection activities (including, by way of example only, scraping, data mining, data extraction and data harvesting) on or in relation to our Sites without our express written consent.
4.2 You also agree:
4.2.1 not to reproduce, duplicate, copy or re-sell any part of our Sites in contravention of these Terms of Service;
4.2.2 not to access or otherwise interact with our Sites using any robot, spider or other automated means, except for the purpose of search engine indexing;
4.2.3 not to violate the directives set out in the robots.txt file for our Sites;
4.2.4 not to use data collected from our Sites for any direct marketing activity (including, by way of example only, email marketing, SMS marketing, telemarketing and direct mailing) or to otherwise contact any person;
4.2.5 not to access without authority, interfere with, damage or disrupt or take any action that may interfere with, damage or disrupt:
(a) any part of our Sites;
(b) any equipment or network on which our Sites are stored;
(c) any software used in the provision of our Sites; or
(d) any equipment or network or software owned or used by any third party.
4.2.6 not to attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Sites;
4.2.7 not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or other underlying code used to provide the Sites (except as may be expressly permitted by law);
4.2.8 not to attack our Sites via a denial-of-service attack or a distributed denial-of service attack;
4.2.9 not to advocate, encourage or assist any third party in doing any of the above.
4.3 By breaching the above provisions you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
4.4 You represent and warrant that (i) you are not located in a country that is subject to any embargo or sanction imposed by the UK government, the United States government, the UN Security Council or the EU, or that has been designated by any of the foregoing governments or bodies as a "terrorist supporting" country, and (ii) you are not listed on any list of prohibited or restricted parties published by the UK government, the United States government, the UN Security Council or the EU.
5. INTERACTIVE SERVICES
5.1 We may from time to time provide interactive services on our Sites, including, by way of example:
5.1.1 chat rooms; and
5.1.2 bulletin boards; ("interactive services").
5.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
5.3 We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
5.4 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
6. REGISTRATION AND ACCOUNTS
6.1 You may register for an account with our Sites by completing and submitting the account registration form on our Sites.
6.2 You must not allow any other person to use your account to access the Sites.
6.3 You must notify us in writing immediately if you become aware of or suspect any unauthorised use of your account.
6.4 You must not use any other person's account to access the Sites.
6.6 The personal data referred to in clause 6.5 may include mandatory information for example, but not limited to, your name, your gender, your age, any referral details, your password, your email address, your billing address and where applicable a different delivery address. Where mandatory information is not adequately supplied, you may not be able to register for an account. You may also be asked to provide other information such as social media account details, user profile picture and before and after photographs.
6.7 During the registration process, once you click on the “save”, “submit” or an equivalent button, this information will be stored in our customer database. You can access, update or correct your personal account details via the "My Account" or equivalent button.
7. USER LOGIN DETAILS
7.1 If you register for an account with our Sites, you will be asked to choose a password. You must keep your password confidential.
7.2 You must not use your account for or in connection with the impersonation of any person.
7.3 You must notify us in writing immediately if you become aware of or suspect any disclosure or unauthorised use of your password. Please email us, at the email address published on our Sites, in this situation.
7.4 You are responsible for any activity on our Sites arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7.5 You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
8. CANCELLATION, SUSPENSION AND EDITING OF ACCOUNT
8.1 We may:
8.1.1 suspend your account; and/or
8.1.2 cancel your account;
at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
8.2 We may edit or update your account details:
8.2.1 where you ask us to do so; or
8.2.2 where in our reasonable opinion it is necessary to do so to ensure the accurate management of your account and/or orders.
8.3 You may cancel your account on our Sites using your account control panel on the Sites, or if that is not possible, by requesting in writing for us to do so on your behalf. In case of the latter, we reserve the right to require suitable identification and that you cooperate with our reasonable procedures so as to ensure the account you wish request us to close belongs to you. You acknowledge that even where you have cancelled your account it may be necessary for us to retain certain information about you and/or your orders in order to comply with our legal responsibilities.
9. YOUR CONTENT: LICENCE
9.1 In these Terms of Service, "your content" means all works and materials (including, by way of example only, text, graphics, images, your name and likeness, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Sites for storage or publication on, processing by, or transmission via, our Sites. This will include, by way of example only, product reviews, your user profile picture, before and after photographs, product photographs and submissions in relation to any prize draws, prize competitions and other promotions.
9.2 You remain the owner of all rights in your content. However you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, prepare derivative works of, publish, perform, translate and distribute your content:
9.2.1 in relation to each of our Sites and any other websites, sub-domains, extensions and locales that we own or operate and any related online platforms, social media, applications and software systems; and
9.2.2 in any existing or future media such as, by way of example only, leaflets, brochures, adverts, posters and the like.
9.3 You grant to us the right to sub-license the rights granted under clause 9.2. Without limiting the generality of this right to sub-license, this will enable us to authorise the use of your content by stockists of our brands in their marketing and advertising, and the use by bloggers, vloggers and other websites who are publishing content related to our brands, and use by partners we may work with from to time to time such as a media buyers, marketing agencies or branding consultancies.
9.4 You hereby waive all your moral rights in your content (such as, but not limited to, the right to be identified as the author of your content and the right to object to derogatory treatment of your content) to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights owned by any third parties in your content have been waived to the maximum extent permitted by applicable law.
9.5 You may edit your content to the extent permitted using the editing functionality made available on our Sites.
9.6 Our rights to use your content will continue even after you have edited your content or deleted your content from our Sites.
10. YOUR CONTENT: CONTENT STANDARDS
10.1 Your content must comply with the content standards set out in this clause. You will be liable to us and must indemnify us for any breach of that obligation. This means that you will be responsible for any loss or damage that we suffer as a result of your breach of this obligation (including, but not limited to, reasonable administrative and legal costs). The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any of your content as well as to its whole.
10.2 Your content must:
10.2.1 be accurate (where it states facts);
10.2.2 be genuinely held (where it states opinions);
10.2.3 comply with the laws applicable in the Territory and in any country from which it is posted.
10.3 Your content must not:
10.3.1 be obscene, indecent, offensive, hateful, blasphemous or inflammatory;
10.3.2 bully, insult, intimidate or humiliate;
10.3.3 promote or contain sexually explicit material (including child sexual abuse material);
10.3.4 promote violence or depict violence in an explicit, graphic or gratuitous manner;
10.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
10.3.6 infringe any copyright, moral right, database right, design right, trade mark or other intellectual property rights of any other person;
10.3.7 infringe any right of confidence, right of privacy or right under data protection legislation or be in breach of official secrets legislation;
10.3.8 be likely to deceive any person;
10.3.9 breach any legal duty owed to a third party, such as a contractual duty;
10.3.10 constitute negligent advice or contain any negligent statement;
10.3.11 promote any illegal content or activity;
10.3.12 be in contempt of court or in breach of any court order;
10.3.13 consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
10.3.14 contain any material that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, company or corporation;
10.3.15 be likely to harass, upset, embarrass, alarm or unduly annoy any other person;
10.3.16 impersonate any person or misrepresent your identity or affiliation with any person;
10.3.17 give the impression that your content emanates from Pangaea, if this is not the case;
10.3.18 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
10.3.19 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
10.3.20 contain any advertising or promote any services or web links to other sites.
10.4 We have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, their right to privacy or any other legal rights.
10.5 We exclude our liability for all action we may take in response to breaches of these content standards.
10.6 You are solely responsible for securing and backing up your content.
10.7 We do not store terrorist content.
11. REPORT ABUSE
11.1 If you learn of any unlawful material or activity on our Sites, or any material or activity that breaches these Terms of Service, or wish to complain about content uploaded by other users please let us know.
11.2 You can let us know about any such material or activity by using the form on the "Contact Us" pages of the Sites.
12. PRODUCTS AVAILABLE FOR PURCHASE
12.1 We may periodically change the products available on our Sites, and we do not undertake to continue to supply any particular product or type of product.
12.2 The images of the products on our Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
12.3 The packaging of our products may vary from that shown in images on our Sites.
13. ORDER PROCESS - PRODUCTS
13.1 Our acceptance of any order that you make will take place when we send you an email confirming that your order has been accepted, at which point a contract will come into existence between you and us.
13.2 You will have the opportunity to identify and correct input errors prior to making your order by clicking the button to edit the order on the final order confirmation screen.
13.3 If we are unable to accept your order, we will inform you of this by email, chat or account message and will not charge you for the product or, if payment has already been taken, promptly refund such payment. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a requested delivery deadline.
14.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We may from time to time change the prices quoted on our Sites, but this will not affect any contract between you and us that is already in existence.
14.3 It is always possible that, despite our best efforts, some of the products on the Sites may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to let you know. You will then have the option of continuing with the purchase at the correct price or to cancel the order. If we haven't been able to contact you using the details you provided during the order process, we will treat the order as cancelled and let you know in writing. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 Our Sites operate a feature where promotional activities or offers such as free shipping and/or discounts and/or free gift(s) are automatically applied to an order (“Discount Progress Bar”) and/or to an order comprising select vitamin C, sunscreen and vitamin A products (“CSA Kit Builder”). The offers contained within the Discount Progress Bar and/or CSA Kit Builder may be applied to customers on a personalised or generic basis, and are subject to removal and/or change from time to time entirely at our discretion without any requirement for us to notify you. However any such removal and/or change will not affect any contracts between you and us that have previously come into existence.
15.1 You must, during the checkout process, pay the prices of the products you order and any applicable delivery charges.
15.2 Payments may be made by any of the permitted methods specified on the relevant Site from time to time.
15.3 If you fail to pay to us any amount due in accordance with the provisions of these Terms of Service, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
15.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
15.4.1 an amount equal to the amount of the charge-back;
15.4.2 all third party expenses reasonably incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
15.4.3 an administration fee of the lower of 10% of the amount of the charge-back, and GBP 25.00 including VAT; and
15.4.4 all our reasonable costs, losses and expenses directly incurred in recovering the amounts referred to in this clause 15.4 (including by way of example legal fees and debt collection fees).
15.5 If you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of clause 15.4.
15.6 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 2% a year above the base lending rate of the Bank of England 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.
15.7 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
16. DELIVERY, TITLE AND RISK
16.1 The costs of delivery will be as set out in our Shipping Policy.
16.2 Further information and terms in relation to delivery of products (all of which may change from time to time without notice) are set out in our Shipping Policy. Any changes will not apply to any contract already in existence between you and us.
16.3 The products which you purchase will be your responsibility from the time we deliver the products to the address that you gave us for delivery. You own the products once we have received payment in full.
17. CANCELLATION RIGHTS – CONSUMERS
17.1 This clause 17 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession. This clause does not apply to purchases of E-Gift Cards. Please see clause 19.17 for the cancellation terms applicable to E-Gift Cards.
17.2 You may withdraw an offer to enter into a contract with us through our Sites or cancel a contract entered into with us through our Sites (without giving any reason for your withdrawal or cancellation) at any time within the period:
17.2.1 beginning upon the submission of your offer; and
17.2.2 ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, 14 days after the day on which the last of those products, comes into your physical possession or the physical possession of a period identified by you to take possession of them).
17.3 In order to withdraw an offer to contract or cancel a contract, you must inform us of your decision to withdraw or cancel (as the case may be, by a clear statement (eg a letter sent by post, or email). You may use this model cancellation form, but it is not necessary. You may also inform us using the website cancellation form. If you use this option we will communicate to you an acknowledgement of receipt of such cancellation on a durable medium (eg by email) without delay. You may also phone customer services on 020 8458 2500 or email us at hello (at) medik8.com .
17.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
17.5 If you cancel a contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
17.6 We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the goods.
17.7 We will make the reimbursement without undue delay, and not later than:
17.7.1 14 days after the day we receive back from you any products supplied, or
17.7.2 (if earlier) 14 days after the day you provide evidence that you have returned the products.
17.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
17.9 You shall send back the products to the return address provided in our Refund Policy or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the products before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
17.10 You will not have any right to cancel a contract as described in this clause 17 insofar as the contract relates to:
17.10.1 the supply of goods which are liable to deteriorate or expire rapidly;
17.10.2 the supply of goods that are made to your specifications or goods that are clearly personalised; or
17.10.3 the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you.
18. EASY 30 DAY RETURNS POLICY
18.1 In addition to the cancellation rights set out above in clause 17, in respect of some products or during certain periods we may offer an enhanced return policy ("Easy 30 Day Returns Policy"). Details of the Easy 30 Day Returns Policy will be set out in our Refund Policy. When we are offering an Easy 30 Day Returns Policy in respect of any product this will be clearly displayed on the relevant product pages on our Sites.
18.2 In order to benefit from the Easy 30 Day Returns Policy you must comply in full with the applicable terms set out in our Refund Policy.
18.3 The provisions of our Refund Policy may be amended from time to time. However any such amendments will not affect contracts between you and us that are already in existence.
19. E-GIFT CARDS
19.1 All digital gift vouchers ("E-Gift Cards") are sold subject to the additional terms set out in this clause 19.
19.2 The E-Gift Card is only available for purchase from the Sites by UK residents over the age of 18.
19.3 Purchases of E-Gift Cards will be confirmed by email to the email address notified to us at the time of purchase once the transaction has been processed. E-Gift cards can be forwarded to the intended recipient by email but will be delivered to the email address as notified to us during the purchase process. The email will set out the value of the E-Gift Card, its expiry date and will contain a link to the unique code required to use the E-Gift Card at checkout in order to redeem the E-Gift Card.
19.4 The recipient of an E-Gift Card is responsible for its safekeeping and proper use. From time to time E-Gift Cards can get caught up in spam filters and the recipient should make sure that they check these filters. You must alert the recipient of the E-Gift Card to these Terms of Service.
19.5 We do not accept responsibility for any E-Gift Card which is sent to an incorrect email address that you supplied to us, or which is lost, stolen or deleted.
19.6 We do not accept responsibility for any E-Gift Card that cannot be delivered to the email address which you supplied to us due to spam filters, firewalls or other security measures operating on the relevant computer systems or devices, the capacity of their mailbox or any other reason outside our control.
19.7 E-Gift Cards are only capable of redemption on the Sites. There may be some periods where E-Gift Cards cannot be used to make a purchase as notified from time to time.
19.8 E-Gift Cards will automatically expire 12 months after the date of purchase. The E-Gift Card will not be capable of use after that date and any unused balance on the card will be lost.
19.9 E-Gift Cards cannot be redeemed or exchanged for cash or vouchers (including another E-Gift Card) and are non-transferable. If the price payable on any relevant order exceeds the amount of the E-Gift Card the balance must be paid by a credit or debit card or other payment method accepted by us.
19.10 The value of any purchases made using the E-Gift Card will be deducted from the value on the E-Gift Card. Any remaining balance can be used before the expiry date of the E-Gift Card for future purchases. You can check the balance on any E-Gift Card by using the link in the email which you receive to activate the E-Gift Card. E-Gift Cards cannot be topped up.
19.11 Multiple E-Gift Cards may be used in a single transaction.
19.12 Purchases made using the E-Gift Card will be subject to these Terms of Service current at the time the purchase is made.
19.13 Where any purchase made using an E-Gift Card is cancelled in accordance with any applicable Refund Policy and the total purchase price has been paid using an E-Gift Card, any refund will be applied to that E-Gift Card. Where that price has been paid using an E-Gift Card and a credit or debit card the refund will be applied to the E-Gift Card and the relevant payment card on a pro-rata basis to the amounts paid using those differing methods.
19.14 If for any reason payment is not made by your bank or card company for the initial purchase of the E-Gift Card or there is any charge back requested by you the E-Gift Card and its value will be cancelled.
19.16 We reserve the right to refuse to accept any E-Gift Card in payment or part payment for any products where we reasonably suspect that the E-Gift Card or any amount on it may have been stolen or obtained by fraud or in any other illegal way.
19.17 Cancellation provisions – E-Gift Cards:
19.17.1 the provisions of this clause 19.17 apply to E-Gift Cards only.
19.17.2 You have the right to cancel a contract for purchase of an E-Gift Card within 14 days without giving any reason.
19.17.3 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
19.17.4 To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post, or e-mail). You may use the model cancellation form, but it is not obligatory. You may also phone customer services on 25 055 665 or email us at hello (at) medik8.com.cy
19.17.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
19.17.6 If you cancel the contract, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract.
19.17.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
19.17.8 If you click on the link in the email we send you in order to activate the E-Gift Card during the cancellation period then, since we will have fully performed the contract on activating the E-Gift Card, you will have no right to cancel the contract after the E-Gift Card has been so activated by clicking on the link.
20. ORDER CANCELLATION –CIRCUMSTANCES OUTSIDE OUR CONTROL
20.1 We may cancel a contract for the purchase of any products under these Terms of Service by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including, by way of example only, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war, epidemic or pandemic. If we cancel in these circumstances we will cease to have any obligation to deliver products which are undelivered at the date of cancellation and we will refund the price paid by you for any undelivered products using the same means of payment as you used for the initial transaction.
21. OUR WARRANTIES - PRODUCTS
21.1 We are under a legal duty to supply products that are in conformity with the contract we enter into with you.
21.2 We warrant to you that:
21.2.1 we have the right to sell the products that you buy, you will enjoy quiet possession of them and they are sold free from any charge or encumbrance;
21.2.2 the products you buy will correspond to any description published on the Site through which you purchase the products;
21.2.3 the products you buy will be of satisfactory quality and fit for purpose.
21.3 If you are a business customer all of our warranties and representations relating to the supply of products are set out in these Terms of Service. To the maximum extent permitted by applicable law and subject to all other warranties and representations are expressly excluded.
22. LIMITATIONS AND EXCLUSIONS OF LIABILITY – OUR PRODUCTS
22.1 If you are a business customer, subject to clause 25.1:
22.1.1 we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation (in each case whether amounting to direct or indirect loss), any indirect or consequential loss or damage; and
22.1.2 our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) £500; and
(b) the total amount paid and payable to us under the relevant contract.
22.2 If you are a consumer:
22.2.1 if we fail to comply with these terms in relation to any products that we agree to sell to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the 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;
22.2.2 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 products as summarised at clause 21.2;
22.2.3 we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 22.1.
23. YOUR WARRANTIES AND REPRESENTATIONS
23.1 You warrant and represent to us that:
23.1.1 you are legally capable of entering into binding contracts;
23.1.2 you have full authority, power and capacity to agree to these Terms of Service;
23.1.3 all the information that you provide to us in connection with your order for any products is true, accurate, complete and non-misleading; and
23.1.4 you will be able to take delivery of the products in accordance with these terms and conditions.
24. RELIANCE ON INFORMATION ON OUR SITES
24.1 The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely save to the extent that it is information provided to you as a consumer in respect of the nature or characteristics of our products being advertised for sale on our Sites. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of content on our Sites. Please see our Medical Disclaimer which also applies to your use of our Sites.
24.2 Although we make reasonable efforts to update the information on our Sites, we do not warrant or represent:
24.2.1 the completeness or accuracy of the information published on our Sites other than the accuracy of information relating to our products advertised for sale on our Sites;
24.2.2 that the material on our Sites is up to date unless it relates to our products advertised for sale on our Sites;
24.2.3 that the Sites or any service on the Sites will remain available or be uninterrupted; or
24.2.4 that the Sites or any service on the Sites will meet your needs or requirements although where you are a consumer and we make any statement about our services we will ensure that the relevant service is provided in accordance with that statement.
24.3 We may update and change our Sites from time to time to reflect changes to our products, our users' needs, our business priorities or to comply with applicable laws. We will try to give you reasonable notice of any major changes. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business or operational reasons. We will try to give you reasonable notice of any suspension, withdrawal or restriction, for example by way of a banner notification on the Sites.
24.4 If you are a business user, we exclude all representations and warranties relating to the subject matter of these Terms of Service, our Sites and the use of our Sites to the maximum extent permitted by applicable law and subject to clause 25.1.
25. LIMITATIONS AND EXCLUSIONS OF LIABILITY – OUR SITES
25.1 Nothing in these Terms of Service will:
25.1.1 limit or exclude any liability for death or personal injury resulting from our negligence or the negligence of our employees, agents or subcontractors;
25.1.2 limit or exclude any liability for fraud or fraudulent misrepresentation;
25.1.3 limit any liabilities in any way that is not permitted under applicable law; or
25.1.4 exclude any liabilities that may not be excluded under applicable law.
and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms of Service, except to the extent permitted by law.
25.2 The limitations and exclusions of liability set out in this clause 25 and elsewhere in these Terms of Service:
25.2.1 are subject to clause 25.1; and
25.2.2 govern all liabilities arising under these Terms of Service or relating to the subject matter of these Terms of Service, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms of Service.
25.3 If you are a business user:
25.3.1 we exclude all implied conditions, warranties, representations or other terms that may apply to our Sites or any content on it;
25.3.2 we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
25.3.3 use of, or inability to use, our Sites; or
25.3.4 use of or reliance on any content displayed on our Sites.
25.3.5 we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation (in each case whether amounting to direct or indirect loss), any indirect or consequential loss or damage;
25.3.6 you accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our Sites or these Terms of Service (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
25.4 If you are a consumer user please note that we only provide our Sites for your domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any business losses of any nature including (without limiting the generality of the foregoing) loss of profit, loss of business, business interruption, or loss of business opportunity.
25.5 To the extent that our Sites and the information and services on our Sites are provided free of charge, we will not be liable for any loss or damage of any nature arising out of or in connection with those Sites or such information and services.
25.6 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
25.7 If you are a business user we will not be liable to you in respect of any loss or corruption of any data, database or software.
26. BREACHES OF THESE TERMS OF SERVICE
26.1 Without prejudice to our other rights under these Terms of Service, if you breach these Terms of Service in any way, or if we reasonably suspect that you have breached these Terms of Service in any way, we may:
26.1.1 send you one or more formal warnings;
26.1.2 temporarily suspend your access to our Sites;
26.1.3 permanently prohibit you from accessing our Sites;
26.1.4 block computers using your IP address from accessing our Sites;
26.1.5 contact any or all of your internet service providers and request that they block your access to our Sites;
26.1.6 commence legal action against you, whether for breach of contract or otherwise;
26.1.7 suspend or delete your account on our Sites;
26.1.8 delete, unpublish or edit any or all of your content;
26.1.9 where the breach relates to any failure to comply with our content standards, disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law
26.2 Where we suspend or prohibit or block your access to our Sites or a part of our Sites, you must not take any action to circumvent such suspension or prohibition or blocking (including, by way of example only, creating and/or using a different account).
27. THIRD PARTY WEBSITES AND USER GENERATED CONTENT
27.1 Our Sites includes hyperlinks to other websites and resources owned and operated by third parties; these links are provided for your information only; such links are not recommendations and should not be interpreted as approval by us of those linked websites or information you may obtain from them.
27.2 We have no control over third party websites and their contents, and subject to clause 25.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
27.3 Our Sites may include information and materials uploaded by other users of the Sites, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Sites do not represent our views or values.
28. LINKING TO OUR SITES
28.1 You may link to our Sites, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
28.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
28.3 You must not establish a link to our Sites in any website that is not owned by you.
28.4 Our Sites (including any trade marks, logos, images and text) must not be framed on any other site.
28.5 We reserve the right to withdraw linking permission without notice and in our sole discretion.
28.6 The website in which you are linking must comply in all respects with the content standards set out these Terms of Service.
28.7 If you wish to link or make any use of content on our Sites other than that set out above, please contact us using the "Contact Us" pages on our Sites.
30.1 We do not guarantee that our Sites will be secure or free from bugs or viruses.
30.2 You are responsible for configuring your information technology, computer programmes and platform to access our Sites. You should use your own virus protection software. Any material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
31.1 We may revise these Terms of Service from time to time. Every time you wish to use our Sites, please check these Terms of Service to ensure that you understand the terms that apply at that time.
31.2 The revised Terms of Service shall apply to the use of our Sites from the date of publication of the revised Terms of Service on our Sites. You hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms of Service. If you do not agree to any revised Terms of Service you must stop using the Sites and we reserve the right to disable or delete your account.
31.3 Whenever you make an order for the purchase of any products from the Sites you will be asked to agree to the Terms of Service applying at that time. If you do not agree to those Terms of Service we will be unable to process any further orders for you (however this will not affect any contracts already made).
32. NO WAIVER
32.1 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 miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
33.1 We may transfer our rights and obligations under these Terms of Service to another organization. We will always tell you in writing (which may be by a message sent to your My Account screen) if this happens and we will ensure that the transfer will not affect your rights under the contract between you and us.
33.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Service or any contract for the purchase of any products.
34.1 If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
34.2 If any unlawful and/or unenforceable provision of these Terms of Service would be lawful or enforceable if part of it were modified, that part will be deemed to be modified to the minimum extent necessary to make it valid, legal and enforceable, and the rest of the provision will continue in effect.
34.3 If any unlawful and/or unenforceable provision of these Terms of Service would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
35. THIRD PARTY RIGHTS
35.1 A contract under these Terms of Service is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
35.2 The termination or variation of the parties' rights under a contract under these Terms of Service is not subject to the consent of any third party.
36. ENTIRE AGREEMENT
36.1 Where you are a business user or customer you agree that these Terms of Service, together with the policies referred to in clause 1.5 shall constitute the entire agreement between you and us in relation to your use of our Sites and the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to your use of our Sites or the sale and purchase of our products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out or referred to in these Terms of Service.
37. LAW AND JURISDICTION
37.1 These Terms of Service shall be governed by and construed in accordance with English law.
37.2 If you are a consumer, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
37.3 If you are a business, any disputes relating to these Terms of Service shall be subject to the exclusive jurisdiction of the courts of England.
38. STATUTORY AND REGULATORY DISCLOSURES
38.1 We will not file a copy of these Terms of Service specifically in relation to each user or customer and, if we update these Terms of Service, the version to which you originally agreed will no longer be available on our Sites. We recommend that you consider saving a copy of these Terms of Service for future reference.
38.2 These Terms of Service are available in the English language only.
38.3 Our VAT number is 388615451.
39. OUR DETAILS
39.1 This site is owned and operated by Pangaea Laboratories Ltd.
39.2 We are registered in England and Wales under company registration number 03783618, and our registered office is at 730 Centennial Avenue, Centennial Park, Elstree, Herts, United Kingdom, WD6 3SZ.
39.3 Our principal place of business is at 730 Centennial Park, Elstree, Herts WD6 3SZ.
39.4 You can contact us:
39.4.1 by post, using the postal address referred to above in clause 39.3; and/or
39.4.2 using our website contact form, if available from time to time; and/or
39.4.3 by telephone, on the contact number published on our Sites from time to time; and/or
39.4.4 by email, using the email address published on our Sites from time to time.
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To Scribe Commerce Ltd, Pergamou 3, Germasogeia, 4041 email: hello (at) medik8.com.cy
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.