Terms and Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us.
You should print a copy of these Terms or save them to your computer for future reference.
We 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, and any Contract between us, are only in the English language.
- Information about us
- We operate the website www.memon.tech. We are EMF Tech Limited, a company registered in England and Wales under company number 12313907 and with our registered office at 31 Wellington Road, Nantwich, United Kingdom, CW5 7ED. Our main trading address is EMF Tech Limited, Hesketh Mount, 92-96 Lord Street, Southport, PR8 1JR.
- Contacting us
- You can contact us by telephoning our customer service team on 0333 577 9288 or by e-mailing us at email@example.com to discuss any questions or complaints about the Products. You can return goods to us at EMF Tech Limited, Hesketh Mount, 92-96 Lord Street, Southport, PR8 1JR.
- If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 16.3.
- 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.
- Our Products
- 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 reflect the colour of the Products. Your Products may vary slightly from those images.
- The packaging of the Products may vary.
- We reserve the right to amend the Products if required by any applicable statutory or regulatory requirements.
- As per the disclaimer (stated on the product information pages on our website, which you agreed you had read, understood and accepted at the point of ordering and as annexed to these Terms):-
- The Products are not medical, healing or therapeutic products and they are not held out to be. The Products can help support the user’s body but they do not heal or treat any kind of illness;
- Following use of the Products users may suffer an initial worsening of their condition(s);
- Use of the Products is entirely at the user’s own risk and medical advice should be sought by the user before using the Products. We accept no responsibility for any medical issues that may arise from use of the Products. Your statutory rights are not affected.
- If you are a business customer
This clause 3 only applies if you are a business.
- For the purposes of these Terms, a business customer is defined as an entity not purchasing the Products as an individual for their own domestic use.
- You confirm that you have authority to bind any business on whose behalf you purchase the Products for.
- These Terms, the order acknowledgment, our invoice and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty that is not set out in these Terms or any document expressly referred to in them.
- You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- How the contract is formed between you and us
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Please do not hesitate to contact us should you have any queries before placing an order with us.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order and that we are processing it. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
- We will confirm our acceptance to you by sending you an e-mail that confirms the terms of your Order and the latest date of delivery (Email Confirmation). The Contract between us will be formed when we send you this Email Confirmation.
- We will send you an email to confirm when your order is complete and the Products are being delivered to you. A copy of the invoice for the order will be despatched with the Products.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet the date of delivery or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- If you wish to make a change to your Order then please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your Order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. This change will need to be emailed to us whereby you will receive a further Email Confirmation if that change has been processed. If we cannot make the change or the consequences of making the change are unacceptable to you, we will continue with your original Order.
- Please note that we may make minor changes to the Products to reflect changes in the relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.
- In the event that we have to make more significant changes to the Products, we will notify you of the same and may allow you to cancel the Contract and obtain a full refund for any Products paid for and/or delivered to you within 7 days of being notified of these changes.
- Our right to vary these Terms
- We amend these Terms from time to time. Please note that these Terms were last updated in April 2020.
- Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
- We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements; and
- changes in the production, supply or distribution of the Products.
- If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- Your consumer rights
Please note that this clause 7 only applies to consumers.
- Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back);
- If you want to end the Contract because of something we have done or have told you we are going to do, see clause 7.2;
- If you have just changed your mind about the Products, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5.
- If you are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products paid for by you and you may also be entitled to compensation. The reasons are:
- We have told you about an upcoming change to the Products or these Terms which you do not agree to as per clause 7.
- We have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
- There is a risk that supply of the Products may be significantly delayed because of events outside our control;
- We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, as seen in clause 10.
- You have a legal right to end the Contract because of something we have done wrong (including because we have delivered late as per clause 8).
- You have a legal right to change your mind and be entitled to a refund within 14 days after the day you, or someone you nominate, receives the Products, unless your order is split into several deliveries over different days. In this case, you have until 14 days after the day you, or someone you nominate, receives the last delivery of your order to change your mind about the Products.
- In the event that you exercise this right, you will be entitled to a full refund. Please note however that you will be responsible for paying the costs of returning the Products to us.
- Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the Contract before the Products are delivered to you, but you may have to pay us compensation. If you want to end a Contract before the Products are delivered to you and where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not delivered but we may deduct from that refund a percentage of the price calculated as per the rates set out below depending on the date on which you end the Contract, as compensation for the net costs we will incur as a result of your doing so, as follows:
- 10% of the price if you end the Contract within 7 days of the Email Confirmation:
- 30% of the price if you end the Contract between 7 and 14 days of the date of the Email Confirmation; or
- 0% of the price if you end the Contract after 14 days.
How to end the contract with us
- To end the Contract with us, please let us know by calling us on 0333 577 9288 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and order number, where available, your phone number and email address.
- If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us in the same condition that they were dispatched to you. You must post them back to us at EMF Tech Limited, Hesketh Mount, 92-96 Lord Street, Southport, PR8 1JR.
When we will pay for the costs of return
- We will pay the costs of return if you are exercising your right to return the Products if:
- the Products are confirmed by our testing procedures as being faulty;
- the Products are misdescribed; or
- you are ending the Contract because we have told you of an upcoming change to the Products or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
- In the event that clauses 7.8 (a), (b) or (c) apply, we will refund you the price you paid for the Products including delivery costs, by the method you used for payment when placing your order.
- We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Products back from you.
Our rights to end the contract
- We may end the Contract for the Products at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time, allow us to deliver the Products to you; or
- you are in breach of clause 19.
- If we end the Contract in the situation set out in clause 7.11(b), we will refund you 50% of the price of the Products as compensation associated with our net costs we will have incurred at this point in time.
- We are under a legal duty to supply the Products in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a book or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- If you wish to exercise your legal rights to reject the Products you must post them back to us.
- The costs of delivery will be displayed to you on our website and on our order form.
- We will contact you with an estimated delivery date, which will be within 30 days after the date of the Email Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
- Delivery of an Order will take place by courier or equivalent postage which requires it to be signed for on receipt.
- If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, unless you have nominated someone else to accept delivery, in which case, please contact us to rearrange delivery. Please note that it will be your responsibility to pay the cost of any further delivery.
- If you are a business customer, time will not be of the essence and we shall not be liable for any delay in the delivery of the Products that is caused by an Event Outside Of Our Control or caused by your failure to provide us with information and/or delivery instructions needed to complete your order.
- Delivery of an Order will be completed when signed for at your address. Products will be owned by you and shall be your responsibility from that time.
- Each delivery will include an invoice which shows the date of the order, order number, the type and quantity of the Products purchased by you and confirmation of payment in accordance with clause 12.
- Your business rights
- If you are a business, we warrant that on delivery, any Products shall:
- conform with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality in accordance with the Sale of Goods Act 1979, and;
- be fit for any purpose held out by us.
- Subject to clause 9.4, if:
- you give us notice in writing within a reasonable time of discovery that the Products do not comply with the warranty set out in clause 9.1;
- we are given a reasonable opportunity of examining the Products; and
- you return the Products to us,
we shall, at our option, upon confirmation of any inherent defects to the Products, repair or replace the Products or refund the price of the Products in full.
- We will not be liable for a Product’s failure to comply with the warranty in clause 9.1 if;
- you make any further use of the Products after giving a notice in accordance with clause 9.2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products or (if there are none) good trade practice;
- you alter or repair the Products without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this clause 9, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in clause 9.1.
- These terms shall apply to any repaired or replacement products supplied by us under clause 9.2.
- Reasons we may suspend the supply of the Products to you.
- We may have to suspend the supply of the Products:
- to deal with technical problems or make minor technical changes;
- to update the Products to reflect changes in relevant laws and regulatory requirements;
- to make changes to the Products as requested by you or notified by us to you as per clause 5;
- due to any issues outside of our control including, but not restricted to issues with third parties (e.g. suppliers, delivery partners and payment partners).
- We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. You may contact us to end the Contract for the Products if we suspend supply, or tell you we are going to suspend it, in each case if suspended for more than 14 days and we will refund any sums you have paid in advance for the Products in respect of the period after you end the contract.
- Price of the Products and delivery charges
- The prices of the Products will be as quoted on our site and/or order form at the time you submit your order. We take all reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was given to us. However please see clause 11.5 for what happens if we discover an error in the price of any Products that you ordered.
- Prices for the Products may change from time to time, but changes will not affect any order you have already placed.
- Unless otherwise indicated on the order form or our invoice, the price of the Products include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of the Products do not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our website.
- Our site and literature contain a large number of products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- if the Product’s correct price is less than the price stated on our website at the time of the Email Confirmation, we will charge the lower amount when dispatching the Products to you; and
- if the Products’ correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
- How to pay
- You can only pay for Products at the point of purchase on our website via our payment provider.
- Payment for the Products and all applicable delivery charges is in advance. No orders will be processed by us until payment has been made in full. If making payment by debit or credit card, we will charge your debit card or credit card upon sending you the Email Confirmation.
- Our liability if you are a business
This clause 13 only applies if you are a business customer.
- Should you use the Product for any resale purposes or for distribution outside of your business then we will not be liable or responsible for any onward purchasers or users.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 13.2, we will under no circumstances whatever be liable to you or any onward purchasers or users, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profit, sales, business or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes or for the purposes of any onward purchasers or users.
- Our liability if you are a consumer
This clause 14 only applies if you are a consumer.
- 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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We only supply the Products to you for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 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.
- 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 is defined below in clause 15.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation but not restricted to 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, pandemic or other health issues, 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.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return, at our cost, any of the Products you have already received and we will refund the price you have paid, including any delivery charges.
- Communications between us
- When we refer, in these Terms, to “in writing”, this will include e-mail.
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- 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. In our case, any email should be sent to email@example.com.
- The provisions of this clause shall not apply to the service of any legal proceedings or other documents in any legal action or proposed legal action.
- Title and Risk
- The risk in the Products shall pass to you when the Products are despatched in accordance with clause 8.
- Title to the Products shall not pass to you until we receive payment in full for the Products, in which case title to the Products shall pass to you at the time of payment.
- Intellectual property rights
- For the purposes of these terms, intellectual property shall mean all copyright and related rights, trademarks, business and domain names, goodwill and the right to use, and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered at the time of entering into these Terms.
- All intellectual property rights contained in or arising out of the Products shall be owned by us.
- In agreeing to these terms, you shall:
- acknowledge that all intellectual property rights of ours will remain our property and that you shall not attempt to transfer these rights to any third party, and;
- in the case of an individual customer, you shall not use these intellectual property rights for any commercial gain or for any use other than those rights associated with the use of the Products by you; or
- in the case of a business customer, you shall not use these intellectual property rights for any commercial gain or any purpose other than the use of the Products by you and your employees, consultants and/or agents.
This clause 19 only applies if you are a business customer.
- For the purposes of this agreement, Confidential Information shall mean any information relating to the Products, including but not limited to any content, concepts, methods of teaching, illustrations, examples, processes, trade-secrets and know-how.
- Upon entering into the Contract, you agree:
- not to use or exploit the Confidential Information in any way;
- not to disclose, discuss or make available any Confidential Information to anyone not directly employed on a full time basis by you, including but not limited to any self-employed or locum member of staff;
- not to disclose, discuss or make available any Confidential Information to any other business;
- not to keep copies of any Confidential Information in any place save for your place of business, and;
- apply the same security measures to the Confidential Information as you would apply to your own confidential information.
- In the event that you are a self-employed individual, agent, consultant or other locum, in addition to the requirements in clause 19.2 you also agree to keep copies of the Confidential Information safe at all times and to not leave copies of the Confidential Information at any place of business, save for your own.
- Other important terms
- We may transfer our rights and obligations under the 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 the Contract to another person if we agree in writing. If you are a consumer you may not transfer the benefit of any rights owed to you by us to any third party in the event that the Product was purchased as a gift or given to someone else.
- 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.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 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 to that the courts of England and Wales will have exclusive jurisdiction.
- If you are a business, the 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) shall be governed by and construed in accordance with the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
EMF Tech Limited
Disclaimer Notice – Important
The products displayed on and sold from our website are not medical, healing or therapeutic products and they are not held out to be.
Our products can help support a user’s body but they do not heal or treat any kind of illness.
Following use of our products users may suffer an initial worsening of their condition(s).
In the absence of any negligence or other breach of duty by us, use of our products is entirely at the user’s own risk and medical advice should be sought by the user before using our products.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS STATEMENT BEFORE ORDERING ANY OF OUR PRODUCTS.
IF THERE IS ANY TERM THAT YOU DO NOT UNDERSTAND, THEN PLEASE DISCUSS IT WITH US BEFORE ORDERING.