These terms and conditions regulate the business relationship between you (the customer) and us (Femistent or its affiliates, associates and subsidiaries). By using our website in any way, or by buying from us, you formally accept and agree to be bound by these Terms and Conditions in their entirety. Do not use the Website or buy our products if you do not accept them. Please read them all carefully now. We reserve the right to change these terms and conditions, and the products, services and prices mentioned on the Website, at our sole discretion, without notice and at any time.
Femistent is not a medical organistaion so we cannot tell you how or whether you should be using vaginal dilators or if those from Femistent will be appropriate for you. You should discuss these important issues with your QMP before purchasing. Any information from Femistent, regardless as to the means by which it is delivered, should never be used in place of a full and proper consultation with a suitably qualified licensed medical practitioner. Femistent makes no therapeutic or other claims concerning its products, their suitability for a particular purpose and / or their efficacy.
If the Goods are misused Femistent shall not be liable for any direct or indirect costs, claims, demands, expenses, damages or losses (including without limitation consequential losses, loss of consortium, pain and suffering and loss of profit, as well as the costs of legal and other professional advisors), subject always to your statutory rights.
For the avoidance of doubt, Femistent excludes all liability arising out of or in connection with the misuse, neglect or default or arising out of any use which is not strictly in accordance with the instructions received from your recognised relevant therapist or Qualified Medical Practitioner and thereafter the advice supplied with the Goods, subject always to your statutory rights.
Note: No person under the age of 18 years may purchase Goods or Services from this site. However, we look forward to seeing you again when you are over 18.
“We” are: Femistent Limited (UK Company Registration No. 05551343)
Our address is: Unit 55, 28 Old Brompton Road, London SW7 3SS, UK
“You” are: a visitor to Our Website / our customer
TERMS AND CONDITIONS
1. Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Our Website”meansthe entire computing hardware and software installation that is or supports the operation and presentation of the Femistent Website.
“Goods” means any of the goods or services we offer for sale on our Website.
“Content” means information in any form published on Our Website by us or any third party with our consent or otherwise related to Our Goods and Services.
“Femistent” means Femistent Limited, its affiliates, associates and subsidiaries.
“product ipr” means dilator and associated product designs, manufacturing and business procedures and other ideas and methods, patents, whether applied for, pending or received, trade secrets, mask rights, material types used for the products, etc. associated with the range of vaginal dilators designed by, manufactured for, marketed, sold and distributed by Femistent.
“Femistent” as displayed within this website and on our various documents is a registered trademark of Femistent Limited
2. Our contract with you
2.1. These terms and conditions apply:
2.1.1. so far as the context allows, to you as a visitor to Our website; and in any event to you as a buyer or prospective buyer of our Goods.
2.2. Goods advertised may not be available.
2.3. We shall accept your order by e-mail confirmation. If you do not receive e-mail contact within 72 hours, please contact us. Our message will also confirm details of your purchase and tell you when we expect to dispatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our Website.
2.4. We may change these terms from time to time.The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.5. All descriptions, weights and sizes of Goods are nominal and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6. If we do not have the Goods you order in stock, we may offer you similar alternatives before we dispatch your order. If this happens you may:
2.6.1. accept the alternatives we offer;
2.6.2. cancel your order;
2.6.3. leave the order valid, but tell us to omit or wait for the out-of-stock item.
2.7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order, or from the date of the agreement that you are due money, whichever is the later.
2.8. Goods are entirely at your risk from the moment they are picked up by the Carrier from our storage and / or dispatch facility.
2.9. We give no warranty and make no representation, express or implied, as to:the adequacy or appropriateness of the Goods for your purpose; the truth of any information given on our Website; any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose; compatibility of Our Website with your computer equipment, software or telecommunications connection; compliance with any law; non-infringement of any right.
2.10. Femistent reserves the right to refuse an order or part of an order at our sole discretion if we deem it appropraite and/or necessary. In such circumstances any monies which were paid to Femistent and for which no product or service has been provided will be returned in full as soon as reasonably possible to the sender.
3. Price and Payment
3.1. You must pay us the full price of your order, including delivery costs, before we will send any part of it, normally at the time of placing your order together with all applicable taxes whether due at the time of purchase or later.
3.2. Banking charges levied by Femistent’s receiving bank(s) on payments to us will be borne by us. All other charges relating to payment whether in £’s Sterling or another currency will be borne by you.
3.3. Any details given by us in relation to exchange rates are approximate only and may vary from time to time, and may not reflect the amount you are actually charged for your order.
3.4. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
3.5. When purchasing from Femistent a Deferred or PreAuthoristaion charge is made against your credit card. The actual charge to your card will be made a few days prior to the expected dispatch of your order. The amount of the charge clearance authorisation will be the £ UK value (converted by your banks into local currency) of the goods in your Shopping Basket when you made the purchase.
3.6. Femistent uses SagePay (previously called PROTX) for all its (Internet) credit card transactions. As such Femistent does not have sight or access to customers' personal credit card details. High security of all such transactions is an integral part of the SagePay credit card handling system.
4. Information you give us
4.1. You agree that you have provided, and will continue to provide entirely truthful, accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2. Furthermore, by proceeding with a purchase you are confirming that you are over 18 years of age and that you have consulted with and received advice from a Qualified Medical Practitioner concerning the purchase and instructions of how to use Femistent products.
4.3. We will not pass the data you have provided about yourself to any third party unless required to do so by UK or any other effective legal authority, or in order to process your order.
4.4. We will use our reasonable endeavours to respond to any point of dissatisfaction raised by you, provided you contact us within three months of purchase.
5. Delivery
5.1. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept any such delivery.
5.2. If we are not able to deliver your Goods within 14 days of the date of your order and/or dispatch, we shall notify you by e-mail to arrange another date for delivery.
5.3. We may deliver the goods in installments if all the Goods you have ordered are not available for delivery at the same time.
5.4. Femistent retains ownership of all Goods purchased until such time as any disputes are completely resolved and any and all monies due to Femistent have been paid in full.
6. Taxes, duties and import restrictions
6.1. We have no knowledge of and no responsibility for the laws, regulations, taxes or other duties within the country to which your purchases are going to be delivered, or where you might subsequently transfer the products to, whether for use or not.
6.2. Femistent products may or may not be classified as medical or therapeutic devices within the country to which they are being delivered and/or used and as such may or may not be licensed within that country, or countries. It is entirely your responsibility to ensure that the Femistent products being purchased are acceptable for import within and comply fully with the laws of the country to which they will be delivered or may subsequently be moved to. In the event they are not delivered, for whatever reason, for example as a result of having been seized by Customs and Excise or other pertinent official body, Femistent will be under no obligation whatsoever to provide any refund for the purchases made.
6.3. Furthermore, you are responsible for purchasing Goods which you are lawfully able to importand for the payment of any and all import duties and taxes of any kind levied in the country to which the products are being delivered or may subsequently be transferred to and/or used in.
7. Goods returned
Because you are buying the Goods by internet mail order, you may have a right of cancellation under local law. If you do (and only if you do), these are the terms which apply:
7.1. You must tell us you wish to cancel your order providing us with the order number and order date, within 7 days of the Goods being delivered to you;
7.2. In any event, you may not cancel orders for handmade, special requirement, specially commissioned or personalised goods, or where the sealed hygienic wrapping on any of the Goods has been broken;
7.3. Any standard Goods which on receipt display serious manufacturing defects may be returned to us and, at our sole discretion, will either be corrected or a replacement issued;
7.4. Before returning any Goods it is necessary for you to obtain an RGN (Return of Goods Number) from Us. Goods returned without their packaging clearly displaying such a reference number may be rejected by us at our sole discretion;
7.5. The fact that you may have been issued withan RGN does not necessarily indicate that you will receive any refund for the Goods being returned;
7.6. The Goods must be returned to us within 14 days of you telling us of your wish to cancel with the Goods and all packaging and hygienic wrapping in their original condition; securely and safely wrapped; including our delivery documentation and RGN;
7.7. There is a re-stocking charge of 30% of the amount paid for the Goods returned. This charge covers the cost of administration and other work associated with, for example, checking that the sealed hygienic wrapping has not been broken, applying newpacking, etc.;
7.8. Delivery charges for Goods purchased in error or for orders cancelled will not be refunded by Femistent;
7.9. However, for hygiene reasons, unless a serious manufacturing defect isevident, Femistent products such as dilators, handles or grips may not be returned once the sealed polythene bag in which they were dispatched has been opened.
7.10. After we have received the Goods, we will inspect them, and, for all standard goods where the sealed hygienic wrapping is unbroken and which also are in every other respect in an immediately resalable condition, we will credit your credit or debit card with the full purchase price, less the re-stocking costs of the Goods returned and original delivery charges. This transaction should be completed within 30 days from the date we received the Goods.
7.11. Goods returned are returned entirely at your risk from the moment of shipment by you;
7.12. If you do not return the Goods to us, you are still liable to Femistent for the cost;
7.13. We are under no obligation to collect or recover Goods from you, but if we do, all our costs will be payable by you.
8. Disclaimers
8.1. The Website is published by Femistent and may be used for informational purposes or for purchasing Our Goods and / or Services, only. By using the site, or downloading materials from the site, you accept and agree to abide by the terms and conditions set forth in this agreement;
8.2. The information contained in this website is not intended to constitute any legal or other professional advice or service. Instead, this information is merely intended to be of a general nature and is provided solely for the interest of the reader. Femistent does not accept any responsibility whatsoever for its use. In particular, this information and that provided with Our Products should never be used as a substitute for a full and proper consultation with a suitably qualified specialist or medical practitioner. You must consult a qualified medical practitioner for advice as to the applicably and utility of our Products;
8.3. Any information provided by Femistent including within our our Website may contain inaccuracies and / or typographical errors. We do not warrant the accuracy or completeness of any of the materials or the reliability of any advice, statement, opinion, or any other information displayed or distributed in this Website or with or in support of our products. You acknowledge that any reliance on any such opinion advice, statement, memorandum or other information shall be solely at your risk. We reserve the right, solely at Our discretion, to correct any errors or omissions in any part or the Website, and associated Goods, services or prices or other information at anytime without notice;
8.4. All information made available by Femistent, regardless of how provided, and therefore including but not limited to communications, or as displayed on our website or otherwise relating to our Goods, such as within the Usage Advice Document, will only be provided in English;
8.5. For the avoidance of doubt information provided by Femistent regardless of means may containin accuracies and / or typographical errors. We do not warrant the accuracy or completeness of any of the materials or the reliability of any advice, statement, opinion, or any other information displayed ordistributed in this Website or otherwise provided. You acknowledge that any reliance on any such opinion advice, statement, memorandum or other information, regardless of how provided by us, will be solely at your risk. For the avoidance of doubt, it should be noted that product details, including but not limited to dimensions and colours etc. are at best only approximate, and representations on screens or other devices may not be representative of actual products. Furthermore customers should be aware that colour shading between differnt batches of raw materials are likely to vary and occasionally product colours may be changed without warning at our sole discretion. Similarly, we reserve the right, also solely at our discretion, to correct any errors or omissions in any part of theWebsite, and associated Goods, services or prices at anytime without notice;
8.6. In particular it should be noted that colour variations between individual dilator products of theoretically the same colour are to be expected as are very occasional dark spots in the material itself. These are characteristics of the production processes within the plastics manufacturer and do not effect either the integrity or quality of these medical grade plastics;
8.7. We take protection against viruses and worms very seriously and strive to protect all our information with regularly updated virus and worm checkers. We cannot however guarantee that our Website will be free from all viruses or worms at all times and it is therefore recommended that your pc or other computer equipment is protected by an up to date virus and worm checker and regularly updated;
8.8. The information on Our Website and our Goods are provided “as is” without any representation whatsoever, express or implied, of any kind, including, but not limited to, therapeutic claims, warranties of merchantability, non-infringement, or fitness for any particular purpose. We have endeavoured to ensure that all information contained on this site has been obtained from sources that are believed to be accurate and reliable. However, no guarantees of any kind are made, or implied, as to the accuracy and completeness of any information nor the accuracy, completeness, quality, performance or fitness for a particular purpose of any of Our Goods or services, whether or not provided on Our Website. Furthermore, we are not, and will not be held, in any way responsible or otherwise liable for any errors or omissions or any consequences, losses or damages arising from use of this Website, Goods or services;
8.9. Our Website may provide links to other external websites. Provision by Us of an Internet link to another website does not represent any form of authorization by Us for you to access information held on that site. Furthermore, we are not responsible for the content, availability or suitability of external sites and provision of a link should not be interpreted as endorsement of any kind;
8.10. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, worms and other destructive elements. We make no warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the goods or services described thereon. Links do not imply that We or Our Website sponsors such as server facility providers and developers, endorse, are affiliated to or associated with, or are legally authorised to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyrights ymbol of Ours;
8.11. Any and all links to Our Website must be approved in writing and / or e-mail byUs before being implemented. However, in principle, we are likely to consent to bone fide links provided;
(a) the link is a text-only link containing only the name "Femistent";
(b) the link "points" only to www.Femistent.com and not to any deeper pages;
(c) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website;
(d) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or goods are associated with or sponsored by Us nor be such as to damage or dilute the goodwill associated with Our name and trademarks or our affiliates, associates or subsidiaries. We reserve the right to refuse or revoke this or any particular consent to a link at any time at Our sole discretion;
8.12. You expressly understand and agree that Femistent shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (i) the use or the inability to use the Website, (ii) unauthorised access to or alterations of your data transmissions, (iii) statements or conduct ofany third party on the Website, (iv) any other matter relating to theWebsite.
8.13. Blank on purpose.
8.14. In all events, in any claim against Us our liability is limited to the value of the goods purchased in the contract which is the subject of the dispute.
9. Intellectual Property Rights
9.1. “Femistent” in the format as a logo and as shown at the head of this document and as displayed elsewhere on our Website, within documents and on packaging is a registered trademark and all Femistent dilator products are of proprietary design and are either already covered by patents which are issued or pending or have been applied for.
9.2. For the avoidance of doubt, all trademarks and product ipr, and any other intellectual property rights otherwise associated with Our company and /or its products, and those of our affiliates, associates and subsidiaries whether provided by us or by any other provider shall remain the sole property of Us and / or the other provider. We will strongly protect these rights in all countries.
9.3. Title, ownership rights, and any other intellectual property rights in the Content or otherwise associated with Our products whether provided by us or by any other Content provider shall remain the sole property of Usand / or the other Content provider. We will strongly protect these rights in all countries.
9.4. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or this website or any other other information provided by Femistent regardless of how it is made available to you by us, in whole or in part, except as is expressly permitted in this agreement.
9.5. You may download or copy the Content only for your own temporary personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portionofany Content.
10. System Security
10.1. You agree that you will not, and will not allow any other person to violateor attempt to violate any aspect of the security of the systems supporting our Website;
10.2. You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Website, any of the information shown or referred to in the Website, or any software used on Our Website, and that you will not permit any other person or third party to do so;
10.3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution;
10.4. Examples of violations are:
10.4.1. accessing data unlawfully or without consent;
10.4.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3. attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
10.4.4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5. taking any action in order to obtain Goods to which you are not entitled.
10.5. You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees and costs, made by any third party due to or arising outof:
10.5.1. any violation of system security as set out above;
10.5.2. your use of Our Website;
10.5.3. any other breach or violation of this agreement by you;
10.5.4. the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as aresult of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
11. Downloaded products
11.1. Some Femistent products are sold in the form of an electronic download. Text documents or other products sold in the form of a download across the Internet (e.g. .pdf or .doc, etc.) are sold strictly for the customer to use individually, on a single user basis only.
11.2. The contnets of the download may not be copied in any way, in whole or in part and may not be distributed to third parties in any form, for example not electronically and not in a printed format. Any sharing of the downloaded product content in whole or in part will be regarded by Femistent as an infringement of its copyright, and any such infringements will be vigorously pursued.
11.3. Furthermore, although we take precautions to ensure downloaded data is virus etc. free at the time transmission is initiated, it is for the customer to confirm that the documents or other products downloaded are safe to open and use when they are received by the customer.
11.4. Femistent accepts no liability or responsibility for the downloaded product when opened, used or incorporated within the customer’s computer system, neither for the computer system itself nor for the customer. The standard Femistent Terms and Conditions shall apply to all downloaded products.
11.5. Once a download has been requested and Femistent has received full payment, the download will be sent to the customer’s e-mail address as quickly as possible, usually within 24 hours of the sales transaction having being completed. However some delays may occur, for example during holiday periods, in which case it could be a few days before the download is sent.
11.6. After the correct download for a customer order has been initiated and completely dispatched by Femistent, there will be no further responsibility with regards that sale on behalf of the Company as Femistent’s obligations will have been completed.
11.6. Refund or other return requests will not be accepted for downloaded Femistent products once a download has been initiated.
12. Indemnity
12.1. For the avoidance of doubt, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees and costs, made by any third party due to or arising in any way out of your use of Our Website or any other information provided by us regardless of how, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13. Contractual Limitation
13.1. Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon Us in respect of any such goods.
14. Rights of third parties
14.1. Nothing in this agreement or on our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties)Act 1999.
15. Severability
15.1. If any of these terms is at any time held by any jurisdiction to bevoid, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in anyway affect any other of these terms.
16. No Waiver
16.1. No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
17. Dispute Resolution
17.1. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt tosettle the dispute by engaging in good faith with us in a process of negotiation before commencing litigation.
18. Force majeure
18.1. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including manufacturing delays, floods, riots, Acts of God, strikes of our own employees or within our affiliates, associates or subsidiaries.
19. Privacy Policy
19.1. The complete Femistent Privacy Policy is included elsewhere on this website under the title “Privacy Policy”, and you should read it now.
19.2. In summary however Femistent regards information which you provide to us as private and confidential. We will not divulge such information to any other third parties, except for example those involved in the delivery of Femistent goods and services you have ordered from us. We will only divulge your contact details to other unconnected third parties if legally obliged to do so by a pertinent authority.
19.3. You may review and update information that you have provided to us by contacting Femistent as shown on the website.
20. Governing Law
20.1. This Agreement shall be governed by and construed in accordance with the laws of England. For the avoidance of doubt, any dispute which cannot otherwise be resolved amicably shall be heard within an appropriate English Court in London, England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
21. Conflict
21.1. In the event of any conflict between these Terms and Conditions and any document (including, without limitation, a purchase order) generated by you, all the terms of these Terms and Conditions shall prevail.
(Last updated 23rd April 2009)
