Terms of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which
we supply any of the products (Products) listed on our website www.brodpod.co.uk (our site) to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should
understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order
any Products from our site.
1. Information About Us
www.brodpod.co.uk is a site operated by BrodPod Ltd (we).
Our main trading address is Rigg Foot, Lamonby, Penrith CA11 9SS.
By placing an order through
our site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you
are at least 18 years old.
2. How the contract is formed between you and us
2.1 After placing an order, you will
receive an e-mail from us acknowledging that we have received your order. Please note that this does
not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All
orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an
e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract
between us (Contract) will only be formed when we send you the Dispatch Confirmation.
Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch
Confirmation. We will not be obliged to supply any other Products which may have been part of your
order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3. Consumer Rights
3.1 If you are contracting as a consumer, you may cancel a Contract at
any time within fourteen working days, beginning on the day after you received the Products. In this case,
you will receive a full refund of the price paid for the Products in accordance with our refunds policy
(set out in condition 7 below).
3.2 To cancel a Contract you must return the Product(s) to us
in brand new and unused condition with all components at your own cost and risk. You must return your
invoice to us with "Cancel Contract" written clearly on the back. You have a legal obligation to take
reasonable care of the Products while they are in your possession. If you fail to comply with this
obligation, we may have a right of action against you for compensation.
3.3 Details of this
statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.
This provision does not affect your statutory rights.
4. Availability And Delivery
Your order will be fulfilled by the delivery date set out in the
Dispatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the
Dispatch Confirmation, unless there are exceptional circumstances.
5. Risk And Title
5.1 The Products will be at your risk from the time of
5.2 Ownership of the Products will only pass to you when we receive full payment of
all sums due in respect of the Products, including delivery charges.
5.3 Until ownership of the
Products has passed to you, you will: (a) hold the Products on a fiduciary basis as our bailee; (b)
store the Products (at your own cost) separately from all other goods in such a way that they remain
readily identifiable as our property; and (c) not destroy, deface or obscure any identifying mark or
packaging on or relating to the Products.
5.4 Your right to possession of the Products shall
immediately terminate in the event that you have a bankruptcy order made against you or you make an
arrangement or composition with your creditors, or otherwise take the benefit of any statutory
provision for the time being in force for the relief of insolvent debtors.
6. Price And Payment
6.1 The price of any Products will be as quoted on our site from
time to time, except in cases of obvious error.
6.2 These prices are excluding delivery costs,
which will be automatically added to the total amount due when you place Products in your "basket" on
6.3 Prices are liable to change at any time, but changes will not affect orders in
respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a
large number of Products and it is always possible that, despite our best efforts, some of the Products
listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch
procedures so that, where a Product's correct price is less than our stated price, we will charge the
lower amount when dispatching the Product to you. If a Product's correct price is higher than the price
stated on our site, we will normally, at our discretion, either contact you for instructions before
dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are
under no obligation to provide the Product to you at the incorrect (lower) price, even after we have
sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have
reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be by
credit or debit card. We accept payment with Visa, Visa debit, Mastercard, Solo and Visa electron. You
debit or credit card will be charged when you make your order.
7. Our Refunds Policy
7.1 When you return a Product to us:
(a) because you have
cancelled the Contract between us within the fourteen-day cooling-off period (see condition 3.1 above), we
will process the refund due to you as soon as possible and, in any case, within 30 days of the day you
have given notice of your cancellation. In this case, we will refund the price of the Product in full,
including the cost of sending the item to you. You will, however, be responsible for the cost of
returning the item to us;
(b) for any other reason (for instance, because have notified us in
accordance with condition 19 that you do not agree to any change in these terms and conditions or in
any of our policies, or because you claim that the Product is defective), we will examine the returned
Product and will notify you of your refund via e-mail within a reasonable period of time. We will
usually process the refund due to you as soon as possible and, in any case, within 30 days of the day
we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products
returned by you because of a defect will be refunded in full, including a refund of the delivery
charges for sending the item to you and the cost incurred by you in returning the item to us.
7.2 BrodTeNS Bracelet – 60 Days Satisfaction and Performance Guarantee.
In the rare event that you are not satisfied with your result, you can return your BrodTeNS
to us 60 to 70 days from the invoice date in the original packaging together with all the contents, the
original purchase receipt and a covering letter, to receive a partial refund.
NB: 20% of the purchase price excluding P&P will be deducted from each product returned.
It is recommended that products returned are sent by Royal Mail signed for service as we will not accept
responsibility for any goods that go missing.
The Satisfaction and performance guarantees exclude all other products.
7.3 We will usually refund any money received from you using the same method originally used by you to
pay for your purchase.
8.1 We warrant to you that any Product purchased from us through our site: (a)
is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are
commonly supplied. (b) The BrodTeNS module carries a 2 year warranty from the date of delivery against
defective or faulty workmanship or materials. This does not extend to the band which is subject to wear
and tear and the electrodes which are an expendable item as part of the treatment process. (c) The
BrodPod K9 carries a 12 months warranty from the date of delivery against defective or faulty workmanship
or materials. (d) The BrodPod Support ranges and Equine products are only warranted in as much as described in 8.1 (a) above.
8.2 We shall not be liable for a breach of any of the warranties in condition 9.1 unless: (a) you return the Product(s) in question to us by recorded delivery with a letter stating your name,
address, contact details and your reasons for your warranty claim; and (b) we are given a reasonable
opportunity after receiving the returned Product(s) of examining such Product(s).
8.3 We shall
not be liable for a breach of any of the warranties in condition 9.1 if: (a) the defect has arisen
because you have failed to follow our oral or written instructions as to the storage, use or
maintenance of the Product(s); or (b) you alter or repair such Product(s) without our prior written
8.4 Subject to conditions 8.2 and 8.3, if any of the Products do not conform with any
of the warranties in condition 8.1 we shall (at our sole discretion) either: (a) repair or replace such
Products (or the defective part); or (b) refund the price of such Products in accordance with our
refunds policy (see condition 7 above).
8.5 The quality guarantee does not cover misuse,
neglect or abuse; (a) All guarantee claims will only be valid if the original sales receipt is returned
with the product when making any claim.
9. Our Liability
9.1 You are advised to read the information contained on our site about
the Products before purchasing or using them.
9.2 Our liability for losses you suffer as a
result of us breaking this agreement is strictly limited to the purchase price of the Product you
purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are
foreseeable where they could be contemplated by you and us at the time your order is accepted by
9.3 This does not include or limit in any way our liability: (a) for death or personal
injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for
fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses
which happen as a side effect of the main loss or damage and which are not foreseeable by you and us,
including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits
or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of data; or (g) waste of
management or office time however arising and whether caused by tort (including negligence), breach of
contract or otherwise, provided that this condition 9.4 shall not prevent claims for loss of or damage
to your tangible property that fall within the terms of condition 8.1 or condition 9.1 or any other
claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of
this condition 9.4.
10. Import Duty
10.1 If you order Products from our site for delivery outside the UK,
they may be subject to import duties and taxes which are levied when the delivery reaches the specified
destination. You will be responsible for payment of any such import duties and taxes. Please note that
we have no control over these charges and cannot predict their amount. Please contact your local
customs office for further information before placing your order.
10.2 Please also note that you
must comply with all applicable laws and regulations of the country for which the products are
destined. We will not be liable for any breach by you of any such laws.
11. Written Communications
Applicable laws require that some of the information or
communications we send to you should be in writing. When using our site, you accept that communication
with us will be mainly electronic. We will contact you by e-mail or provide you with information by
posting notices on our 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.
All notices given by you to us must be given to BrodPod Ltd at
email@example.com We may give notice to you at either the e-mail or postal address you provide to
us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed
received and properly served immediately when posted on our website, 24 hours after an e-mail is sent,
or three days after the date of posting of any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail
address of the addressee.
13. Transfer Of Rights And Obligations
13.1 The contract between you and us is binding on
you and us and on our respective successors and assigns.
13.2 You may not transfer, assign,
charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it,
without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or
otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time
during the term of the Contract.
14. Events Outside Our Control
14.1 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
events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event
includes any act, event, non-happening, omission or accident beyond our reasonable control and includes
in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping,
aircraft, motor transport or other means of public or private transport; (e) impossibility of the use
of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations
or restrictions of any government.
14.3 Our performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event continues, and we will have an extension of time
for performance for the duration of that period. We will use our reasonable endeavours to bring the
Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be
performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under the Contract or any of these terms and conditions,
or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract,
this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance
with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any
15.3 No waiver by us of any of these terms and conditions shall be
effective unless it is expressly stated to be a waiver and is communicated to you in writing in
accordance with condition 12 above.
If any of these terms and conditions or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such
term, condition or provision will to that extent be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
We intend to rely upon these terms and conditions and any document
expressly referred to in them in relation to the subject matter of any Contract. While we accept
responsibility for statements and representations made by our duly authorised agents, please make sure
you ask for any variations from these terms and conditions to be confirmed in writing.
18. Our right to vary these terms and conditions
18.1 We have the right to revise and
amend these terms and conditions from time to time.
18.2 You will be subject to the policies and
terms and conditions in force at the time that you order products from us, unless any change to those
policies or these terms and conditions is required to be made by law or governmental authority (in
which case it will apply to orders previously placed by you), or if we notify you of the change to
those policies or these terms and conditions before we send you the Dispatch Confirmation (in which
case we have the right to assume that you have accepted the change to the terms and conditions, unless
you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law And Jurisdiction
Contracts for the purchase of Products through our site and any
dispute or claim arising out of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) will be governed by English law. Any dispute or claim
arising out of or in connection with such Contracts or their formation (including non-contractual
disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and