The following Terms and Conditions will apply to all orders received and all sales made by Atlantic Therapeutics Limited (“Seller”, “Atlantic” or “We) to any person, firm, company or other organisation (“Buyer” or “You”) who or which has ordered goods on-line from Atlantic via www.myinnovo.com and all associated websites linked to www.atlantictherapeutics.com by Atlantic, it’s subsidiaries and affiliates (collectively, “the website”).
The following words and or expressions shall for the purposes of these Terms and Conditions have the meanings ascribed to them below:
- “Buyer” or “You” means the person, firm, company or other organisation who or which has ordered Goods from Seller;
- “Goods” means all items and/ or products and/or equipment agreed to be supplied by the Seller; and
- “Terms and Conditions” means the terms and conditions set forth herein as well as any terms and the conditions, if any, printed on the Seller’s order acknowledgement (including Seller’s General Terms of Business which are set forth on this website);
- Website Access
- Buyer is provided with access to this Website in accordance with these Terms & Conditions. Any orders placed by you must be placed strictly in accordance with these Terms & Conditions.
- By placing any such order Buyer shall be deemed to have read, understood and agreed to these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, please do not order any Goods from the Website.
- Nothing in the Buyer’s acceptance (including in any printed form) shall modify any of the Terms and Conditions herein and any term and/or condition which are in any way inconsistent with or in addition to the Terms and Conditions hereof is expressly rejected. If Buyer is contracting online as a consumer, Seller’s General Terms of Business shall only apply to the extent permitted according to applicable law.
- Contract Formation
- After placing an order, you will receive an email from Seller acknowledges that Seller has received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Seller to buy the Goods specified. All orders are subject to acceptance by Seller, and Seller will confirm such acceptance to Buyer by sending Buyer an email that confirms that the Products have been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch Seller has confirmed in the Dispatch Confirmation. By placing an order Buyer warrants that you are at least 18 years old.These Terms and Conditions shall be incorporated into the Contract and shall apply to the exclusion of any of your conditions. These Terms and Conditions may not be varied or waived except with the express written agreement of the Seller. The failure of the Seller to enforce its rights under the Contract at any time, for any period of time, shall not be construed as a waiver of any such rights
- Account Information and Registration
- All goods supplied by Seller shall be in accordance with the quotation given and any further specifications or descriptions expressly agreed or listed or set out on the face of the Seller’s Order Confirmation.
- The Seller reserves the right, subject to prior written notice, to make any change in the specification of the Goods, which does not materially affect the performance or price thereof.
8. Availability of Stock
All orders for Goods are subject to availability and in the event of supply difficulties, Seller will send you an email advising you that we are unable to fulfil your order or our customer services team will contact you.
9. Right of Refusal
Seller reserves the right at any time and/or remove or edit any materials or content on this Website. Whilst Seller uses reasonable endeavours to authorise payments submitted to it, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. Seller will not be liable to you or any other third party by reason of our withdrawing any Goods from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.
10. Cooling Off Period
- While we would bring your attention to our General Refund Policy (See Clause 13), if you are contracting online as a consumer and are an EU resident, the EU Consumer Rights Directive provides that you may cancel a Contract at any time within 14 days, beginning on the day after you received the Goods.
- If you have purchased products from the Website and if you decide to cancel your order pursuant to this Clause 7, the Directive provides that you must advise Seller within 14 days of receipt of the Goods. Please email our Customer Services Team stating your wish to cancel your contract and quoting your order reference number. You must return the items to us (See Clause 12 for details on returning items and a list of Goods which cannot be returned).
- Buyer will be responsible for any cost incurred or risk in returning Goods. Buyer has a legal obligation to take reasonable care of the Goods while they are in its possession and you will be responsible for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning. Under the Directive, if you fail to inform Seller within the 14-day period you will not have a right to cancel the Contract and return the Goods. This does not affect your statutory rights and you may still be able to return products under our General Refund Policy.
- Subject to availability (see Clause 5 above), we will endeavour to fulfil your order for Good(s) listed in the Order Confirmation within a reasonable period of time (usually 3 working days) unless there are exceptional circumstances. If for any reason Seller cannot meet the delivery date, you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Once your order has been dispatched we will email you the details of your order to the email address provided. Occasionally, delivery of your order may be delayed or postponed, however, the relevant delivery service partner will use its reasonable commercial efforts to let you know and to rearrange a delivery date. Delivery or shipping dates are approximate only and merely represent Seller’s best estimate of the time required to make delivery or shipment. We will use reasonable endeavours to avoid delay in delivery on the notified delivery dates. However, time is not of the essence and failure to deliver by the specified date will not be a sufficient cause for cancellation, nor will we be liable for any loss or damage due to delay in delivery.
- Please note that all INNOVO product deliveries must be signed for (this does not apply to Innovotherapy replacement pads, consumable parts and batteries) and for the purpose of these Terms and Conditions, “delivery” or “delivered” shall be deemed to have occurred upon signing for receipt of the Good (s) at the address specified by you when you complete your order. If you wish to change, cancel or amend your order, please contact us during the following times: UK & Ireland – Monday to Friday – 08.30 – 1730 France – Monday to Friday – 09.30 – 17.30 Germany – Monday to Friday – 10.00 – 18.00. Customer Care lines are closed on Saturday & Sunday
- All orders are delivered using our third party delivery service partners who are currently DPD and DHL.
- Deliveries normally take place Monday -Friday between 9 am and 5 pm.
- You must report any damage, i.e. scratches, dents, chips, tears, soiling, etc. within 24 hours of delivery to our Customer Service team. It is important that each item is carefully and thoroughly inspected by you or your authorised person immediately upon delivery, Seller cannot be held responsible for any damage not reported within 24 hours of delivery. This does not affect your statutory rights.
12. Delivery outside of EU
If your delivery address is outside of the EU, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note that customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
13. Ownership and Risk
Any Goods ordered will be at your risk from the time of delivery. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges, or upon delivery, whichever is later. Seller reserves the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
14. Prices and Payment
- Seller reserves the right to charge for any delivery charges incurred in relation to the delivery or a collection of the Goods. Prices are in Euro in the Republic of Ireland and rest of the world, in Sterling for UK/NI orders.
- While we try to ensure that all prices on the Website are accurate, errors may occur. If Seller discovers an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.
- Seller is under no obligation to provide the Good(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
- The prices on the Website include VAT (if applicable) but exclude delivery costs, which will be added to the total amount due prior to completion of your purchase. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- Once you have finished shopping all the products you wish to purchase are added to your bag. Your next step will be to go the checkout process and make a payment. To do this:
- Click on “Basket” icon at the top of the page
- Click on Payment Options
- Click on the “Proceed” button
- Proceed to checkout as a guest or login if you have already created an account, add the address to which you wish the order to be delivered and the billing address
- Click on “Place Order”
- Complete your credit card or PayPal details
- Click “Pay Now”
- You may pay using Visa, MasterCard credit/debit cards, Maestro cards and PayPal. Your credit/debit card payment will be made through a secure website. All payments are subject to authorisation by the card issuer. Credit cards are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise the payment to us, we will not be liable for any delay or non-delivery, and may not be able to form a contract with you or we will not be able to proceed with your order. Seller must receive full payment for the order at the time the order is processed and before the product is dispatched. A Dispatch Confirmation email will then be sent you.
- The terms of your payment will be based on your chosen payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If you have chosen an instalment payment plan, you will be charged the full price of the Goods you selected over a nine (9) month period by way of one (1) initial payment and eight (8) subsequent monthly payments (on the same date as the initial payment). No interest or finance charges apply to this payment method. Taxes may apply in certain jurisdictions. Any applicable tax and shipping charges will be due and assessed as part of your initial payment when you checkout. You authorise Atlantic to charge each payment of your chosen payment method. You agree to promptly update all information, to keep your billing account current, complete and accurate (such as change in billing address, credit card number or credit card expiration date) and you undertake to promptly notify our Customer Service Team if your payment method is cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security such as the unauthorised disclosure or use of your username or password. If Atlantic does not receive any payment or instalment from you, you agree to pay all amounts due to Atlantic upon demand.
- In the event that you proceed to checkout but do not complete the purchase, Buyer agrees to and authorises Seller to contact them by email to remind them to complete the purchase.
15. Returns Policy
- Goods purchased online for postal delivery can be returned within 28 days of purchase (or 14 days from receipt in accordance with Clause 7 (Cooling Off period)).
- If Buyer believes Goods have been delivered in error, damaged, or if a fault appears during the warranty period, please contact Seller’s Customer Service Team.
- If you ordered online and your order was delivered by post you may return the item(s) by post back to the following address: Atlantic Therapeutics Limited BMR Health GmbH Oberwiesen 9, 88682 Salem, Germany. Items returned under the General Refund policy or Cooling-Off Clause 7 should be accompanied by either the Cooling Off Cancellation Letter or the online dispatch note (included with the delivered order). If you have lost or misplaced your online dispatch note please contact Customer Service.
- All returns under Clause 12.3 are your responsibility until they reach us. We recommend you use a tracked postal returns service that insures you for the value of the goods being returned.
- All goods returned for refund under Clause 12 must be:
- Returned in their original condition
- In their original packaging
- With tags attached
- With a proof of purchase
- Our return policy for incorrect or faulty goods is as follows:
- Contact our Customer Service Team by email or telephone.
- Seller will issue a Return Tracking (RT) Reference Code, which is required when returning incorrect of unwanted goods.
- Seller’s Customer Service Team will advise you on how to arrange the return of the Goods to us.
16. Refund Policy
- Refunds may be given within 28 days from the date of purchase of Goods of saleable quality returned in the original saleable condition, in their original packaging, with swing tickets/barcodes attached and with the relevant online dispatch note or store online receipt. PleasecontactCustomerServiceTeamifyouhavelostormislaidyourdispatchnote. Refunds will be credited to the original tender used to process the payment. If products received as a “gift” (recipient is not the purchaser) are returned for refund, the refund will be processed onto the original card used as payment for the order.
- To qualify for a refund, all products must be returned to Seller in accordance with our Returns Policy set out in Clause 12.
- Refunds/exchanges cannot be given (save as otherwise provided) if the items are returned unsealed or not in the original packaging (if applicable) or without the swing tags or hanger (if applicable). This does not apply in respect of faulty, damaged or incorrectly supplied goods where your statutory rights are unaffected.
17. Limited Warranty, Liability and Disclaimer
- Due to the nature of the Website and the potential for errors in the storage and transmission of digital information, Seller does not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.
- All descriptions of Goods, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
- Seller warrants (a) that the INNOVO controller will be free from defects in material and workmanship for a period of two (2) years from the date of the original purchase of the relevant Good(s) and (b) that the INNOVO
- Garments will be free from defects and workmanship for a period of six (6) months from the date of the original purchase of the relevant Good(s). These warranties do not apply to the battery supplied with your Good(s) and exclude consumables such as gel pads. In the event that the Good(s) are in breach of these warranties within the relevant warranty period, Seller will (at its absolute discretion) replace or repair the relevant Goods free of charge, provided the Good(s):
- have been used for their intended purpose and in a manner described in the instruction manual;
- have not been connected to an unsuitable power source;
- have not been subjected to misuse or neglect; and
- have not been modified or repaired by anyone other than approved Seller, distributor or agent.
- To the maximum extent permitted by applicable law Seller hereby expressly disclaims, and Buyer hereby expressly waives, any warranty regarding results obtained through the use of the Goods, including without limitation any claim of inaccurate, invalid, or incomplete results. All other warranties, representations, terms and conditions (statutory, express, implied or otherwise) as to the quality, condition, description, merchantability, fitness for purpose or non- infringement (except for the implied warranty of title) are hereby expressly excluded.
- To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the Good(s).
- Our liability in connection with any Goods purchased through the Website is strictly limited to the purchase price of that Good. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
- To the maximum extent permitted by applicable law Seller hereby expressly disclaims, and Buyer hereby expressly waives, any warranty regarding results obtained through the use of the Goods, including without limitation any claim of inaccurate, invalid, or incomplete results. All other warranties, representations, terms and conditions (statutory, express, implied or otherwise) as to quality, condition, description, merchantability, fitness for purpose or non- infringement (except for the implied warranty of title) are hereby expressly excluded.
- Seller shall have no liability under the warranties contained in this Clause 14 in respect of any defect in the Goods arising from specifications or materials supplied by the Buyer; fair wear and tear; willful damage or negligence of the Buyer or its employees or agents; abnormal working conditions at the Buyer's premises; failure to follow Seller's use restrictions or instructions (whether oral or in writing (including the instructions manual)); misuse or alteration or repair of the Goods without Seller's approval; unusual mechanical, physical or electrical stress, modifications or repairs done by other than Seller, mishandling during shipment of the Goods; or any other abuse, misuse, or accident, or if the Buyer is in breach of its payment obligations under this Contract
- Neither party shall be liable for any indirect or consequential, or punitive damages of any kind from any cause arising out of the sale, installation, use or inability to use any Good, nor for, without limitation, loss of profits, goodwill or business interruption.
- In no circumstance shall Seller have any liability or obligation with respect to expenses, liabilities or losses associated with the installation or removal of any Goods or the installation or removal of any components for inspection, testing or redesign occasioned by any defect or by repair or replacement of Goods. Spare parts and hand tools ordered or supplied hereunder may contain used parts and/or be reconditioned.
- The exclusions of liability in these Terms and Conditions shall only apply to the extent allowed according to applicable law.
18. Data Protection
- As required by Data Protection legislation, Seller follows strict security procedures in the storage and disclosure of information Buyer has given to us. Where Buyer provides us with your personal information (e.g. name, email address, address, phone and mobile numbers and/or other contact information, credit card numbers), through a facility provided on this Website or directly to us by email, you consent to the Seller: (a) processing and administering your personal data to perform all necessary actions to give effect to your request or instruction; and (b) retaining a record of incoming and outgoing communications (e.g. email).
- When Buyer enters a contest or other promotional feature, we may ask for your name, address, phone numbers and email address so we can administer the contest and notify winners.
Except where a claim arises as a direct result of the negligence or breach of contract of Seller, the Buyer shall indemnify Seller in respect of any claim which may be made against Seller:
- arising in connection with the Buyer’s unintended use of the Goods;
alleging that the Buyer ́s use of the Goods infringes the intellectual property rights of any third party.
20. Written communications
- Applicable laws require that some of the information or communications Seller sends to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. Buyer agrees that e-mail can be used as a long-distance means of communication.
- Seller will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21. Force Majeure
Seller shall not be liable for delay in performance or non-performance of any of its obligations hereunder, in whole or in part if such performance is rendered impracticable by the occurrence of any contingency or condition beyond the control of either Seller or Seller’s suppliers, including without limitation war, sabotage, embargo, riot, terrorism, or other civil commotion, failure or delay in transportation, the act of any government or any court or administrative agency thereof (whether or not such action proves to be invalid), labour dispute (whether or not involving Seller’s employees), accident, fire, explosion, flood, earthquake or other casualties, shortage of labour, fuel, energy, raw materials or machinery or technical failure. If any such contingency or condition occurs, Seller may allocate production and deliveries in any reasonable manner and may include in such allocation any regular customers, whether or not then under contract, and Seller’s own requirements. This provision shall not apply to the Buyer’s obligation to pay any sums due under this Agreement.
If Seller fails, at any time during the term of a Contract, to insist upon strict performance of any of Buyer’s obligations under the Contract or any of these Terms and Conditions, or if Seller fails 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 Buyer from compliance with such obligations. A waiver by Seller of any default shall not constitute a waiver of any subsequent default. No waiver by Seller of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to Buyer in writing.
23. Seller’s right to vary these Terms & Conditions
- The seller has the right to revise and amend these Terms and Conditions from time to time and will notify Buyer by posting an updated version of these Terms and Conditions on the Website.
- Buyer will be subject to the Terms and Conditions and policies in force at the time that you order products from Seller 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 Seller notifies you of the change to those policies or these Terms and Conditions before Seller sends the Buyer the Dispatch Confirmation (in which case Seller has the right to assume that Buyer has accepted the change to the Terms and Conditions or policies, unless you notify Seller to the contrary within seven working days of receipt by Buyer of the Goods).
24. Governing Law and Jurisdiction
These Terms and Conditions shall be construed in accordance with the laws of Ireland and shall be subject to the exclusive jurisdiction of the courts.
Seller may assign or novate its rights and obligations under the Contract, in whole or in part, to any of its affiliates or may assign any of its accounts receivable under this Contract to any third party without the Buyer’s consent. Buyer agrees to execute any documents that may be necessary to complete Seller’s assignment or novation. Seller may subcontract portions of the work, so long as Seller remains responsible for it. Buyer shall not delegate or assign any or all of its rights or obligations under the Contract without Seller’s prior written consent and any purported delegation or assignment of such rights or obligations shall be void. For the avoidance of doubt, any such transfer, assignment, charge, subcontract or other disposition will not affect Buyer’s statutory rights as a consumer (if applicable) or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
26. Entire Agreement; Modification
The Terms and Conditions shall constitute the entire agreement between the Seller and Buyer in respect of the Goods specified therein and shall supersede any previous negotiations, commitments and writings in respect thereof.
If any of these Terms and Conditions or any provisions of the 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.
Seller aims to provide a high level of service. Before placing an order, if you have any questions, about our products and services, this Website, any of our Terms & Conditions or otherwise, please contact our Customer Service Team.
- Ireland: 1800 800 045 FREE
- UK: 0800 028 5687 FREE
- France: 0805 542 027 FREE
- Germany: 0800 589 4965 FREE
- International: +353 1 907 5393
- or Email us: [email protected]