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Terms and Conditions of Sales

Terms and Conditions of Sales

This page (together with the documents referred to in it) tells you the terms and conditions on which we supply the DuoFertility Product (consisting of the DuoFertility Mobile and the DuoFertility Expert Support) and any other products listed on our website www.duofertility.com (“our Website”) to you.

Please read these terms and conditions carefully before ordering any Products.

In these terms and conditions, “DuoFertility Mobile” means your DuoFertility mobile home monitoring kit that we supply you with, which is made up of the following components: a lightweight DuoFertility sensor (worn as a patch using medical grade adhesives), monthly accessories and full instructions manual. DuoFertility hereby grants you a limited, non-exclusive license to utilise the DuoFertility computer

software (Smartphones, Tablets, PC and MAC compatible). “DuoFertility Expert Support” means the service that we provide in connection with the DuoFertility Monitor which is made up of the following: comprehensive support programme; personalised fertility expert help and advice and a personal fertility report provided every 4 full cycles to discuss with your medical professional (available with selected products only). Together, the “DuoFertility Mobile”, the license to utilise the DuoFertility Software and the “DuoFertility Expert Support” are referred to as the “DuoFertility Product”. The term “Product” is used to refer to any of the products sold on our website, which may include the DuoFertility Product.

Please read these terms and conditions carefully and make sure that you understand and accept these terms and conditions, before ordering any Products from our Website. You understand that by ordering any of our Products, you agree to be bound by these terms and conditions and any other documents expressly referred to in it.

The information on this Website is for information purposes only and is not a substitute for professional medical advice. Please contact your doctor before using any Product, particularly if you are already under medical care. Always check with your doctor if you have any concerns about your condition or treatment. As detailed below, we are not responsible or liable, directly or indirectly for any form of damages whatsoever resulting from the use, misuse or reliance on information contained in or implied by information on our Website or data obtained from our Products.

  1. INFORMATION ABOUT US

www.duofertility.com is a Website operated by Sensiia (“we”, “us”), which is a trading name of Cambridge Temperature Concepts, a limited liability company registered in England and Wales under company number 5943341 and has its registered office at Salisbury House, Station Road, Cambridge CB1 2LA, United Kingdom. Our VAT number is 922051171. To contact us, please see our Contact Us page or information in the footer.

  1. SERVICE AVAILABILITY

Please review our list of Serviced Countries (shown at clause 19, below) before ordering any Products from us. Our Website is intended for use only by people resident in the Serviced Countries. We do not currently accept orders from outside the Serviced Countries. There may also be some restrictions on the extent to which we accept orders from within the Serviced Countries, if any such restrictions apply, we will inform you of these by email and we will not process your order.

  1. YOUR STATUS

You may only place an order for Products through our Website, if you are:

(a) legally capable of entering into a binding contract; and

(b) at least 18 years old; and

(c) resident in one of the Serviced Countries, and you are accessing our Website from that country.

  1. PRODUCT AND ORDERING INFORMATION

4.1 Our Products are provided with instruction manuals and/or information, you may also be provided with further information and instructions through our support services. Products should not be used other than in accordance with such instructions.

4.2 Ordering procedure:

(a) Step 1 – Fill in the order form on our Website and proceed to checkout.

(b) Step 2 – Pay using a debit or credit card. Orders are placed on a certified secure server so you can pay with complete confidence.

(c) Step 3 – an order confirmation email will automatically be sent to you.

4.3 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.

  1. PLACING AN ORDER – HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Step 3 above). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you another e-mail that confirms that Products have been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.

5.2 The Contract will relate only to the Products set out in the Dispatch Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until such Products have been confirmed in a relevant Dispatch Confirmation.

  1. YOUR CONSUMER RIGHTS

6.1 If you are contracting as a consumer, you have legal rights in relation to Products that are faulty. Nothing in these Terms will affect these legal rights.

6.2 As a consumer, if you change your mind or for any other reason you decide you do not want to keep a Product, you may cancel a Contract at any time within a period of seven working days (“cooling-off period”), 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 at clause 10 below).

6.3 To cancel a Contract, you must inform us in writing (including email). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by post, then your cancellation is effective from the date you posted the letter to us. If you send us your cancellation notice by email, you will receive an automated email acknowledgment. Your cancellation is effective from the date, you receive the email acknowledgment. Please contact us as soon as possible, if you do not receive an acknowledgment email within 24 hours.

6.4 Following cancellation, you must also return the Product(s) to us immediately, in the same condition in which you received them. 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.

  1. AVAILABILITY AND DELIVERY

7.1 All Products shown on our site are subject to availability. If we are unable to supply you with any of the Products, or if there is likely to be a delay in supplying you with any of the Products, for example, because a Product is not in stock or because of an error in the price on our site or your order, we will inform you of this by email and we will not process your order. If we are unable to supply any of the Products and you have already paid for such Products, we will refund you the full amount as soon as possible.

7.2 We aim to fulfill your order by the estimated delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then we will aim to deliver your Products with a reasonable time of the date of Dispatch Confirmation, unless there are exceptional circumstances or other events outside our control. If we are unable to meet the estimated delivery date for any reason, we will aim to contact you with a revised estimated delivery date.

7.3 Delivery will be completed when we deliver the Products to the address provided by you. The Products will be your responsibility from the time of delivery. You own the Products once we have received full payment of all sums due in respect of the Products including all applicable delivery charges.

  1. PRICE AND PAYMENT

8.1 The price of any Products will be as quoted by us or on our Website from time to time, except in cases of obvious error. Where applicable, these prices include VAT at the applicable current applicable rate and standard delivery costs. Prices for the Products may be liable to change at any time but such changes will not affect any order which we have confirmed with a Dispatch Confirmation. 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.

8.2 Our site contains a 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 to inform you of this error and give you the option of continuing to purchase the Product at the correct price or canceling your order, or reject your order and notify you of such rejection.

8.3 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 mispricing.

8.4 Payment for all Products must be made using either a debit or credit card.

8.5 Should you pay the monthly for the 3 or 6 month subscriptions your card will be charged every month from the start of the contract until the contract has ended.  Reasons for cancellations will be reviewed on a case by case basis. Please contact customer support at support.en@duofertility.com

8.6 If you chose to buy a monthly subscription we hold the right to end the contract should the following occur:

(a) Failure to supply us with correct or up to date payment details (such as card expiry date).

(b) Payment details can be updated via a requested link. Please contact customer support at support.en@duofertility.com.

(c) If the ‘terms of use’ have been contravened.

(d) If we have attempted to take payment from the supplied card for 7 days and your card issuer refuses to complete the transaction.

(e) If  you become bankrupt or make any arrangement with creditors or go into liquidation or an administration order is made or a receiver is appointed over any of your assets;

We will attempt to notify you by your supplied details if payment issues occur.

8.7 Unless your DuoFertility Expert Support subscription is for 3 or 6 months, your payment to us will automatically renew one calendar month after your first payment has been taken, unless the cancellation of your DuoFertility Expert Support subscription has been approved before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will no longer be able to access the DuoFertility Mobile application or contact the Expert Support team.

8.8 Card details are held in the SagePay payment system solely for the purposes of charging your account the monthly amount for the Products. We do not store any card details on site and any re-issue of payments are processed by SagePay.

  1. DUOFERTILITY EXPERT SUPPORT

9.1 As part of your purchase of the Products, and subject to fair usage, you may be entitled to receive DuoFertility Expert Support from members of our in-house team of customer support representatives and fertility experts during normal working hours in the UK (9am to 5pm on Monday to Friday, excluding public holidays) by email (to support.en@duofertility.com) or telephone (on +44 (0) 1223 967 703), as may be necessary to advise you on the correct use and operation of the Products and to optimise your natural pregnancy potential. The level of service available to you will depend on the specific Product(s) (and the relevant support package) you purchase, and details of which are contained in the relevant Product page on our Website.  Standard Network rates will apply, however, some phone and network providers may charge more.

9.2 Save for any post-natal support and advice services, please note that, in relation to each product, DuoFertility Expert Support is only provided until a pregnancy occurs or for a fixed number of months as detailed in the relevant product description (whichever is earliest) (the “Support Period”). Following the expiry of the Support Period, you may request further DuoFertility Expert Support (including monitoring), and such additional support will be subject to additional charges. Details of all relevant charges for the

DuoFertility Expert Support is contained in the relevant Product page on our Website or as notified to you by email in advance.

9.3 If you do not make your regular payments for the DuoFertility Expert Support, your DuoFertility Reader will cease to function until all outstanding payments have been received by us in cleared funds.

  1. OUR REFUNDS POLICY

10.1 When you return a Product to us:

(a) because you have canceled the Contract between us within the cooling-off period of seven working days under clause 6.2, we will process the refund due to you as soon as possible and, in any case, within 14 calendar 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 any delivery charges paid by you; or

(b) provided the Product is in resalable condition, after the cooling-off period, but within 14 days of the date on which the Contract was made for a refund, less a re-stocking fee of £20 for unopened products (outer shrink-wrap intact) or £40 re-stocking fee if the product has been opened. If the sensor has been used, an additional £60 usage fee is incurred as sensors are not suitable for resale once used.

Refunds, less the relevant re-stocking or usage fees, will be processed within 14 calendar days of receipt of the Product from you; or

(c) within a reasonable period and for any other reason (if for example, you claim that the Product is defective), we will examine the returned Product to substantiate your claim and will notify you of any accepted return and refund via e-mail within a reasonable period of time. Products returned by you because of an accepted defect will be refunded in full, including a refund of any applicable delivery charges paid by you and any reasonable costs incurred by you in returning the Product(s) to us.

Alternatively, if requested by you, then we may at our discretion provide a replacement Product instead of a refund, within a reasonable period of time; or

(d) 14 or more days after the date on which the Contract was made, save for Products returned under the above time, we are under no obligation to provide a refund. In the event that we agree (in our sole discretion) to provide a refund, we reserve the right to deduct the value of usage, together with the value of any services delivered to you from any refund, the value of which will be agreed between us in line with the DuoFertility Expert Support charges contained in the relevant Product page on our Website.

10.2 In all cases a return will only be accepted when accompanied by a previously requested Return Merchandise Authorisation (RMA) number. To request an RMA number for a return you should contact support.en@duofertility.com within the time period set out in clause 10.1 above.

10.3 We will usually refund you using the same method originally used by you to pay for your Products.

  1. OUR LIABILITY

11.1 We warrant to you that any Product manufactured by us, which is purchased from our Website: will be of satisfactory quality; will be reasonably fit for its purpose; and will conform to its published specification for a period of 90 days from delivery. We warrant that we will use reasonable care and skill in providing any services (including the DuoFertility Expert Support), including the provision of any specialist reports and support which may form part of our Product offering. The warranty in this clause 11.1 does not apply to any defect or fault in the Products arising from:

(a) if you fail to operate or use the Products in accordance with the user instructions (including our instructions under clause 4.1);

(b) fair wear and tear;

(c) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or

(d) any alteration or repair by you or by a third party.

11.2 Save for the warranty under clause 11.1, we disclaim all other warranties, including any warranties in respect of competing products supplied as part of a Product package, the warranty of merchantability and non-infringement of third parties’ rights to the fullest extent permissible by law. Save as set out in the remainder of this clause 11, your use of any Product purchased through our Website is entirely at your own risk. Your statutory consumer rights are unaffected by this clause.

11.2 Subject to clause 11.5, our total aggregate liability for any loss or damage arising out of, or in connection with use of the Products or this Website will not exceed the actual payment received by us from you for the Products.

11.3 Subject to clause 11.5, if we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

11.4 Subject to clause 11.5, we only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we will not be liable in any way for any increased costs or expenses, loss of profit business contracts revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Products or of any error or defect in either or of the performance, non-performance or delayed performance of the Products by us.

11.5 We do not in any way attempt to exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation; or for any other matter which it would be illegal for us to exclude or attempt to exclude liability.

11.6 Where you buy any Product or services from a third party seller through our Website (we will inform you if this is the case, and provide you with the relevant third party’s details), the seller’s individual liability will be set out in the seller’s terms and conditions.

  1. DATA OWNERSHIP AND USE

You accept that temperature and other measurement data (“Measurement Data”) uploaded to our Website from the Product is owned by us. We may use such Measurement Data in any way including but not limited to freely using, editing, altering, reproducing, publishing and/or distributing the Measurement Data for any purpose commercial or otherwise provided always that such Measurement Data is fully anonymised.

  1. WRITTEN COMMUNICATIONS

When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email 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.

  1. 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 the Contract or any of our obligations to provide the Products that is caused by events outside our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of or delay caused by the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  1. OUR RIGHT TO VARY THE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time. Any such changes will be published on our Website. Before placing each order, please check these terms and conditions to ensure you understand the terms which will apply to your order.

  1. MISCELLANEOUS

These terms and conditions constitute the entire agreement between you and us. Any clause in these terms and conditions that is found to be invalid or unenforceable shall be deemed deleted and the remainder of these terms and conditions shall not be affected by that deletion. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Nothing in these terms and conditions shall confer on any third party any benefit or the right to enforce any provision of these terms and conditions.

  1. DISPOSAL OF WASTE ELECTRICAL AND ELECTRONIC PRODUCTS

A new law effective from July 2007, dealing with Waste Electrical and Electronic Equipment (WEEE), will mean that you’ll need to dispose of your waste electrical products at a collection facility instead of putting them in domestic waste. Please refer to www.recycle-more.co.uk to find out where your nearest facility is situated. You are also permitted to return your Products to us at your own cost for safe disposal. Note that if your Product includes free sensors, those are supplied free of charge upon reception of the “old” sensor for safe disposal.

  1. LAW AND JURISDICTION

These terms and conditions for the purchase of Products through our Website will be governed by English law. You and we both agree to that any dispute arising from or related to the Contract, or purchase of our Products shall be subject to the non-exclusive jurisdiction of the courts of England.

  1. SERVICED COUNTRIES AND TERRITORIES

The term “Serviced Countries” means: United Kingdom and United States.

  1. USE OF OUR WEBSITE

Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

  1. HOW WE USE PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy, for further details please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

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