Website terms and conditions
These terms and conditions tell you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (the Site) to you.
We recommend that you read the terms and conditions and our product FAQs carefully and make sure you understand them before you purchase any Products from the Site. Please note that before placing an order for any Products you will be asked to agree to these terms and conditions.
If you have any questions about the terms and conditions or if you have any comments or complaints on or about our Site or Products, please e-mail us at: email@example.com.
You should print a copy of these Terms for future reference. We will file a copy of each version of these Terms in our records.
We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 3rd February 2018.
The only language in which we provide these Terms is English.
Information about us
www.measurebowelhealth.com is a site operated by Oxford Mestar Ltd (“We”). We are a limited company registered in England under company number 08751331 and have our registered office at: Oxford MEStar Ltd, Magdalen Centre, Oxford Science Park, Oxford, United Kingdom, OX4 4GA.
To contact us, please see our Contact Us page.
Compliance with Applicable Laws
Your access to www.measurebowelhealth.com is governed by all applicable laws and regulations.
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation; or
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, all content included on our site and in the material published on it, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads and data compilations. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not copy or reproduce the information on this website in any form or by any means without prior written permission from us, except that you may print off one copy, and may download extracts, of any page(s) from our site for your personal use only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded from our site in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not make derivative uses of our site and its contents.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
In particular our website www.measurebowelhealth.com is not a substitute for medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it because of something you have read on this website. Never rely on information on this website in place of seeking professional medical advice.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability for website use
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user 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:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- If you are a business user, please note that in particular, 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; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which are set out in the terms and conditions of supply below.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would 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. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
Third party links and resources on our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the content of those sites or resources.
measure Is a registered trade mark of Oxford Mestar Ltd.
TERMS AND CONDITIONS OF SUPPLY
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
- Although we have made every effort to be as accurate as possible, to the extent permitted by law, we cannot guarantee that all details, descriptions, colours, dimensions and measurements listed on our site in relation to our Products are accurate, complete, reliable, current or error-free.
- The packaging of the Products may vary from that shown on images on our site.
- All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will refund the payment that you have made within 3 weeks from the date of your order.
- The Products
- You must use any Product purchased from our site in accordance with the Products’ instructions of use and you must store any Product purchased from our site in accordance with the Products’ instructions of storage. The instructions of use for the Products are enclosed with the products themselves. The instructions of storage for the Products are printed on the external packaging. By accepting these Terms you accept that you will comply with these instructions of use and storage. The Products are not intended to diagnose, treat, cure or prevent any skin condition or disease.
- How the contract is formed between you and us
- We reserve the right to change the way the Site works from time to time and to withdraw any Products or features of the Site without giving notice to you.
- To use the Site and register for or buy any of the Products available through it you must be 18 years old, and legally able to enter into a contract. You must be resident in the United Kingdom and intend to use the Product in the United Kingdom as we cannot supply the Products outside of this territory.
- You can place orders on our site measurebowelhealth.com. We cannot accept orders by email or telephone.
- Our order process on our site allows you to check and amend any errors up to the point on which you submit your order to us. After this point, we will assume that all information provided as part of your order is correct and will process your order accordingly. Please take the time to read and check your order at each stage of the order process.
- You will be charged for the Product(s) you wish to purchase (via our payment processing provider) upon receipt of your order. Your goods will not be dispatched until we have received confirmation that your payment has been successfully processed.
- After you place an order our payment processing provider will send you an e-mail confirming that payment has been received. We will also send you an e-mail confirming that your order has been accepted (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
- All Products are subject to availability. If the Products you have ordered are not available, we will inform you as soon as possible and complete a full refund where necessary.
- Our right to vary these terms
- We may revise these Terms from time to time.
- Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
- Whenever we revise these Terms in accordance with this clause 4, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
- If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining terms.
- Cancellation – right of return and refund
- You have a right to cancel a Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first Product.
- Please note that the following rights of cancellation do not apply to any Product(s) which have been unsealed after delivery (unless they are defective) as the Product is not suitable for return, if unsealed after delivery, due to reasons of health protection and hygiene.
- To exercise the right to cancel, you must inform us (Oxford MEStar Ltd, Magdalen Centre, Oxford Science Park, Oxford, United Kingdom, OX4 4GA, Tel: 0330 311 9518 or e-mail us at email@example.com of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post or email).
- 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.
- If you cancel this Contract, we will reimburse to you all payments received from you, including the costs 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).
- 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.
- We will make the reimbursement without undue delay, and not later than –
- 14 days after the day we receive back from you any Products supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
- if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.
- 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 reimbursement until we have received the Product(s) back or you have supplied evidence of having sent back the Product(s), whichever is the earliest.
- You must send back the Product(s) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Product(s) before the period of 14 days has expired. You will have to bear the direct cost of returning the Product(s).
- You are only liable for any diminished value of the Product(s) resulting from handling other than what is necessary to establish the nature and characteristics of the Product(s).
- If you have not received your Product(s) or if you wish to return a Product to us because it has been damaged during delivery, we will send a replacement to you. If you return a Product to us because it has been damaged during delivery, we will reimburse you for the cost of returning the Product to us.
- Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- We will deliver the Product(s) to the address you specify for delivery as part of the ordering process. It is important that this address is accurate. Delivery will be completed when we deliver the Products to the address you gave us.
- It will be necessary for you or someone at your address to sign for Products upon delivery. If no one is available at your address to sign for the Products, the Products will either be dealt with in accordance with the policy of the relevant delivery company, or returned to our premises, in which case please contact either the relevant delivery company or us respectively to rearrange re-delivery. We reserve the right to charge you if it is necessary for us to re-deliver the Products.
- The Products will be your responsibility from the completion of delivery. We cannot accept any liability for any loss or damage to the Product(s) once they have been delivered in accordance with your delivery instructions.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- Delivery to the UK
- We can only deliver to addresses within the UK.
- You may place an order for Products from outside the UK but this order must be for delivery to an address in the UK.
- Price of products and delivery charges
- The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 8.5 for what happens in this event.
- Prices for Products are quoted on our site in GBP.
- Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
- The price of a Product does not include delivery charges. Our standard UK delivery charge is £3.99 (3-5 working days, excluding weekends and bank holidays).
- It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
- How to pay
- You can pay for Product(s) using [a debit card, credit card]. We accept the following cards: Visa, Mastercard and Maestro
- Payment for the Products and all applicable delivery charges is in advance.
- Our warranty for the Products
- We provide a warranty that on delivery and for the period from the original date of delivery until the use-by date printed on the outer packaging of the Products, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 10.2. Exchange requests must be accompanied by the original receipt, return form, and be received within 28 days from delivery. We recommend that you return your Product by recorded delivery, as we do not take any responsibility for undelivered returns.
- The warranty in clause 10.1 does not apply to any defect in the Products arising from:
- wilful damage, abnormal storage, accident, negligence by you or by any third party;
- if you fail to use the Products in accordance with our instructions on our site and on the packaging;
- any alteration, modification or tampering to the Products by you or by a third party; or
- any specification provided by you.
- If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
- Our liability
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for personal, domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We reserve the right to cancel or reduce the quantity of any order in our sole discretion to those we believe may be engaged in reseller activity or otherwise may be violating these Terms.
- You must use and store any Product purchased from our site in accordance with the Products’ instructions of use and storage. We will not be liable for any damage or injury which is caused by (i) your failure to follow such instructions, or (ii) any misuse of the Product.
- This is a digital home monitoring test that helps you proactively monitor your bowel health. This is not a diagnostic test and is not intended to replace testing by a healthcare professional.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Please also note that we are under a legal duty to supply goods that are in conformity with the Contract.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- Communications between us
- When we refer, in these Terms, to “in writing”, this will include e-mail.
- If you wish to contact us in writing for any reason (including if you wish to make a complaint) you can do so by e-mail or by pre-paid post to Oxford MEStar Ltd, Magdalen Centre, Oxford Science Park, Oxford, United Kingdom, OX4 4GA. You can contact us by telephone at 0330 311 9518, our telephone lines are open between 9am-5pm, Monday to Friday excluding Local and National Bank Holidays.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- How we use your personal information
- Other important terms
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 10 to the recipient of the gift without needing to ask our consent.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 10, but we and you will not need their consent to cancel or make any changes to these Terms.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction. However, if you are a resident of Scotland and Wales you may also bring proceedings in Scotland and Wales, and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland.
If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England