Shipping/Terms & Conditions
If you have purchased or are planning to make a purchase then thankyou. All orders will require payement prior to dispatch.
Delivery to UK Addresses:
£1.60 Postage and Handling charge for goods up to the value of £15.00
£2.50 Postage and Handling charge for goods value over £15 to £25
£3.25 Postage and Handling charge for goods value over £25 to £40
£4.50 Postage and Handling charge for goods value over £40
Postage and Handling FREE for orders over £100
Delivery to European Addresses:
Goods under the value of £15.00 add £5.00
Goods over the value of £15.00 add £7.50
Delivery to International Addresses:
POA
Buy with Confidence
1 Construction of the Contract
1.1 These conditions of sale apply to goods supplied by Energy Pak Ltd (thereinafter called “The Company”).
1.2 These conditions shall apply to all contracts and any persons, firm or company (thereinafter called “The Customer”) for the supply of goods or services by us.
1.3 The Company contracts upon the terms of these Conditions, and any other standard terms emanating from The Customer shall not apply.
2 Formation of the Contract
2.1 No contract shall exist between the Company and the Customer for the sale of any goods or supply of any services until the Company has received and accepted the Customer’s order and processed the same.
2.2 The Company reserves the right to reject orders from the Customer for any reason
3 Description, Specification and Price of Goods
3.1 The description, specification and price of the goods the Company has for sale will be shown in the Company’s current catalogue or website. The Company’s policy is to improve its products continually and it reserves the right to make technical changes to the specification of the goods without affecting their function, price or quality.
3.2 Any typographical error, clerical error or omission in any sales literature, pro-forma invoice, quotation, list price, acceptance of offer or any documentation or information supplied by the Company will be subject to correction without liability on the part of the Company.
3.3 All ordered goods are subject to availability. If the goods ordered by the Customer are not available in stock, the Company will inform the Customer as soon as possible after receipt of the order.
3.4 The Company in these circumstances reserves the right to offer the Customer an alternative product, a refund or the choice to wait until the item ordered is in stock
3.5 Should the Customer choose an alternative product which is of a higher price than the original product the Customer ordered, the Customer shall be liable to pay the additional monies due for the new product. Such monies shall be paid by the Customer before the Company dispatches the order. Where the Customer opts for a refund the Company shall refund the sum paid by the Customer to the Company
3.6 In addition to the price of the goods, the Customer shall be required to pay a delivery charge for the goods as shown in the appropriate section of the Company’s catalogue or website.
3.7 The price of goods and delivery charges will be shown in the Company’s catalogue and website as being inclusive or exclusive of VAT, where applicable.
3.8 Where goods are supplied for export from the United Kingdom, the Customer will be liable for delivery and insurance charges as agreed with the Company, and responsible for complying with any legislation or regulations governing the importation of goods into the country of destination and for the payment of any duties on them.
4 Delivery, Transfer of Title and Risk
4.1 The Company will despatch items ordered using methods of delivery specified in the shipping section of the Company’s website. The delivery charge is set out in this same section.
4.2 The Company shall use its reasonable endeavours to ensure that the estimated delivery times set out in the shipping section are met, but cannot accept liability for late deliveries which are due to circumstances outside of the reasonable control of the Company.
4.3 Should items be lost in transit the Customer must contact the Customer Service team within 14 days of placing the order on 01273 882655 to report this loss. The Customer shall co-operate with the Customer Service team and complete and return to the Company as necessary documentation required in order to investigate the loss and make a claim for compensation against the courier or delivery agent which has lost the order. Where the Customer fails to cooperate fully, the Customer will remain liable for the full cost of the lost goods and the delivery charges.
4.4 The Company is able to delivery to addresses inside and outside of the United Kingdom and the delivery charges will vary depending upon destination. If delivery cannot be made to the Customer’s address, the Customer will be informed as soon as possible and, where applicable; any sums paid by the Customer will be refunded.
4.5 Goods will be sent to the delivery address supplied by the Customer on placing the order. The Company cannot be responsible if the delivery address supplied is incorrect. Should the Customer fail to supply correct details, the Customer shall be liable for the cost of the goods, delivery charges and any other charges arising from this error.
4.6 The Customer must make all necessary arrangements to take delivery of the goods. Any failure to take delivery will leave the Customer liable for any additional charges that may arise from the failure.
4.7 Should the Customer wish to change the delivery address for an order placed with the Company, the Customer shall contact the Customer Services Team on 01273 882655 at the earliest opportunity. The Company shall make every effort to make such a change prior to the dispatch of the order.
4.8 Should the order have been dispatched prior to the Customer notifying the Company then the Company cannot change the delivery address. The Customer shall become liable for any charges arising from the need to recover the goods and send the order to a new address.
4.9 Full legal and beneficial title to and property in the goods shall remain with the Company and will only pass to the Customer when payment for the goods has been received in full. Once payment is received title and all risk of damage to, or loss of goods shall pass to the Customer.
5 Cancellation and Returns Policy
5.1 Should the Customer wish to cancel or return any goods, this may only be done under the Cancellation and Returns Policy. Prior to dispatch the Customer may cancel any order at any time and no cost will be incurred.
5.2 After dispatch, costs will be incurred as a result of late cancellation and the Customer will be charged an administration fee. This fee shall be a minimum of £5 and shall be paid towards delivery costs incurred by the Company. This charge may however be increased should the courier or delivery agent raise a charge to return the goods to the Company or should the Customer refuse delivery of the goods.
5.3 After payment of the handling charge, the balance of any sums paid by the Customer shall be refunded.
5.4 Any cancellation will only be processed and any resulting refund will only be made once the goods are received back by the Company and accepted.
5.5 No returned goods will be accepted by the Company unless they are unused, as new, in saleable condition and returned within the original packaging with any seals unbroken. Goods that do not meet these requirements, including electrodes, will not be accepted
5.6 No refund will be given for opened items or any Gels
5.7 If the goods are not received by the Company within 7 days from the invoice date, no refund will be made to the Customer. For approved Clinics this extends to 4 weeks.
5.8 The Customer must take reasonable care to ensure that the goods are not damaged whilst in the Customer’s possession or in transit. It is the Customer’s responsibility to ensure goods are received back by the Company should cancellation take place after dispatch. The Customer should use an insured method of postage. Should the goods get lost in transit the Customer remains liable for making any claims against the courier/postal agent used to return the goods. No refund will be paid by the Company in these circumstances.
5.9 The Customer is not permitted to return goods using “Return to Sender” since it cannot be guaranteed how long it will take for the goods to be returned to the Company or whether the goods will reach the Company at all using this method. Goods returned in such a manner will not be accepted.
5.10 The Customer shall inspect the goods immediately upon receipt and notify the Company within 1 working day of delivery if the goods are damaged or do not comply with the order placed. Should the Customer fail to do so, the Customer will be deemed to have accepted the goods and no refund will be permitted.
5.11 Where the Customer has placed an order for any items, the Customer will be liable to pay for any accessories used as well as an administrative fee and will be refunded the balance.
5.12 Where a claim for defect or damage is made the goods shall be returned to the Company and if it is confirmed that there is a defect or damage the Customer shall be entitled to a replacement of goods or full refund (including delivery charges).
5.13 Where returned goods are found to be damaged due to the fault of the Customer, the Customer shall be liable for the cost of remedying such damage. Where repair is not possible, the Customer will be liable for the full cost of the goods as detailed in the invoice issued with the goods. The Customer shall be responsible for all postal charges to return the goods to the Company, should the Company so require. These will be paid before the goods are returned to the Customer.
5.14 All goods being returned must be sent to Energy Pak Ltd, 4 Bedford Square, Brighton BN1 2PN together with documentation clearly identifying the Customers name, address, contact telephone number, details of what is being returned, the problem identified and the original invoice number.
6 Exchange Policy
6.1 The Company will exchange products purchased by the Customer within 21 days of receipt providing that the goods are returned unused, as new, in saleable condition, and returned within the original packaging with any seal unbroken. Goods that do not meet these requirements will not be accepted. If any variation in pricing arises as a result of the exchange of goods the Company will either charge or credit the Customer’s account accordingly. We do not hold credit card information and the Company will call the Customer to arrange debit/credit requirements. If the Customer’s account is to be charged an additional sum this will need to take place prior to the dispatch of the goods.
6.2 Where a credit is due to the Customer, the Company shall do the same.
6.3 An exchange can only be processed once the goods are received back at the Company’s premises.
6.4 When returning goods, the Customer shall take responsible care to ensure that the goods are packaged carefully including the original packaging. In addition, the Customer shall detail the reason for return and a request for exchange.
6.5 It will remain the Customer’s responsibility to return the goods in good condition to the Company for exchange. It is recommended that an insured form of postage is obtained from the courier or a Certificate of Posting from Royal Mail for your records. The Company will not accept any liability for damage or loss caused by the carrier while the goods are in transit unless the Company itself has arranged collection.
6.6 Should the goods go missing in transit to the Company, the Customer will remain liable for their loss and shall be responsible for making any claims against the courier/postal agent used by the Customer. No refund or exchange shall be made by the Company in these circumstances.
6.7 The Customer is not permitted to return goods using “Return to Sender” since it cannot be guaranteed how long it will take for the goods to be returned to the Company or whether the goods will reach the Company at all using this method. Goods returned in such a manner will not be accepted.
7 Warranty
7.1 The Company warrants that the goods shall be free of defects in materials and workmanship from the date of dispatch for a period specified in the user manual of each Tens Machine. All other goods purchased from the Company, including but not limited to leadwires and belt clips shall be covered by warranty for 3 months. This does not include electrodes.
7.2 The Company will at its option refund the purchase price or replace any goods which are proved to be defective upon examination by the Company provided: a) the Customer makes a full inspection of the goods within 1 day of delivery from the Company b) the Customer notifies the Company forthwith of any defects it discovers. c) the Customer has used the goods in accordance with the instructions and recommendations of the Company, and d) the goods are returned to the Company at the Customer’s own expense for inspection and assessment by the Company
7.3 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by the Customer or third party use otherwise than in accordance with the Company’s instructions, or any alteration or repair carried out without the Company’s approval.
7.4 In no circumstances shall the Company’s liability to the Customer for any breach of warranty exceed the price paid for the goods in respect of which the claim is made.
7.5 If goods develop a defect within the warranty period the Customer should contact the Customer Services Team on 01273 882655
7.6 If an item is not purchased from Energy Pak Limited directly, the Customer should revert to its supplier for assistance.
7.7 If a Customer is not purchasing goods as a consumer, the Company shall not be liable for any losses relating to any business (e.g. lost profits, or consequential loss) which arise from any failure by the Company to supply the goods.
8 Force Majeure
8.1 The Company shall not incur any liability to the Customer in the event that there is any delay in performance of its obligations solely by force majeure i.e. any cause of delay beyond the Company’s control including but not limited to civil war, riots, revolution, act(s) of terrorism, labour disputes or strikes, lockouts, sabotage, act of war or piracy, destruction of essential equipment by fire, explosion, storm, flood, earthquake, delay caused by failure of power supplies or transport facilities, act(s) of government or by any other cause not within the reasonable control of the Company.
9 General
9.1 The Company may change these terms of sale without notice to the Customer in relation to future sales.
9.2 Payment is required from Customers at goods ordering stage.
9.3 The Clinic Customer shall settle the amount outstanding within 15 days of invoice date.
9.4 Quotations will only remain valid for 30 days from the date of quotation, and following the expiry of 30 days, the quotation shall immediately expire.
