1.1 These terms and conditions of supply (“Supply Terms”) set out the basis on which MacuHealth Limited (“we” or “us”) (supply any of the goods (“Goods”) listed on the websites www.macuprime.ie, www.macuprime.co.uk, www.macuhealtheurope.com and www.macuprime.com (together the “Website”) to you. Please read these Supply Terms carefully before ordering any Goods from the Website as they contain important information. You should understand that, by ordering any of our Goods, you agree to be bound by these Supply Terms.
1.2 Your contractual relationship is with MacuHealth Limited as seller of the Goods to you.
1.3 You should print and retain a copy of these Supply Terms for your records and for future reference.
1.4 In these Supply Terms, unless the context requires otherwise:
“Contract” means each contract formed, in accordance with condition 2.1 below, for the supply of Goods by us to you, into which these Supply Terms shall be incorporated.
“Card” means the credit or debit card which you use to make payment for the Goods.
1.5 We reserve the right to change these Supply Terms from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest Supply Terms.
1.6 By placing an order through the Website, you represent and warrant that:
1.6.1 you are legally capable of entering into binding contracts;
1.6.2 you are at least 18 years of age;
1.7 When you place an order with us online through the Website you will be taken through a secure checkout process and up to the point at which you click on ‘submit’ on the final page of the checkout you are able to add/amend/delete any items that you have placed in your basket.
2. Acknowledgement and acceptance of your order
2.1 If you have supplied us with an email address, we will send you a ‘confirmation of receipt of your order’ email once you submit your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. Our acceptance of your Order and the completion of the contract between you and us will take place upon dispatch to you of the Goods ordered and we will confirm such acceptance to you by sending you an email on dispatch of your Goods (“Confirmation Email”) and it is at this point that your Card will be debited.
2.2 The Contract formed will only relate to those Goods whose dispatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Confirmation Email.
2.3 We aim to fulfil orders within the delivery period set out in the Confirmation Email, or if no delivery period is specified, then within a reasonable time of the date of the Confirmation Email,
2.4 If you are contracting as a consumer, under the European Union (Consumer Information, Cancellation and Other Rights) Regulations you have the legal right to cancel a Contract within fourteen working days of receipt of the Goods. You will receive a full refund of the price paid for the Products in accordance with our refunds policy, set out in condition 7 below.
2.5 To cancel a Contract, you must inform us in writing by sending an email to [email protected]. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods 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.
2.6 Any offers for Goods at discounted prices, including those detailed on the Website, may be made available from time to time for you to order (subject to our acceptance) for a limited period of time.
2.7 We have taken every care in the preparation of the content of the Website, and in particular to ensure that (i) prices quoted are correct at time of publishing; and (ii) the Goods have been fairly described. However, please note that we may only accept orders if there are no material errors in the description of the Goods or their prices as advertised on this Website.
2.8 Non-acceptance of an order may be as a result of one of the following:
2.8.1 one or more of the Goods you ordered are unavailable. We will inform you as soon as possible if the Goods you have ordered are not available;
2.8.2 our inability to obtain authorisation for your payment. We may contact you to check your Card details;
2.8.3 the identification of a pricing or product description error as referred to in condition 2.7 above; or
2.8.4 You not meeting the eligibility to order criteria as set out in condition 1.6 above.
3.1 The prices stated by us at the time we receive your order are the prices you pay except where we discover an obvious error in the price of the Goods you have ordered as referred to in condition 2.7 above.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
3.3 The Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of an item is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item’s correct price is higher than the price stated on the Website, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
3.4 We are under no obligation to provide Goods to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
3.5 All prices are displayed on the Website in Sterling and include VAT at the prevailing rate charged in United Kingdom but exclude delivery costs, which will be added to the total amount due, as detailed in condition 5 below.
4. Method of payment
4.1 We will not deduct the price from your Card until the Goods are ready to be dispatched. We may delay dispatch until receipt of authorisation for payment to be taken from the Card provided. You can pay using your credit or debit card that either is a VISA, MasterCard, Maestro, Delta, Solo, Visa Electron or American Express card. It is imperative that you provide the cardholder’s name as it is shown on the Card, and address exactly as it appears on the Card statement.
4.2 We are unable to accept payment by cherub, Style cards, Duet Cards, cash, postal orders, gift cards or vouchers.
4.3 Card fraud is illegal and will lead to prosecution in all cases.
4.4 Where any of the Goods contained within an order are out of stock, we will contact you to explain the situation and confirm whether you would like to either cancel the whole order or whether you would like us to process a new order for Goods that we have in stock.
4.5 Ownership of the Goods you order on the Website shall pass to you on delivery provided that we have processed and received payment in full for such Goods. Risk of loss or damage to the Goods shall pass to you at the time the Goods are delivered.
5.1 We offer a standard domestic delivery service.
5.2 The standard domestic delivery service usually takes approximately 5 clear working days for your Goods to arrive, with overseas orders this may take longer. We make every effort to deliver Goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the Goods within the estimated timescales.
5.3 Please note that on delivery our carriers may need to obtain a signature from you. If a signature is required, our carriers will not be able to deliver Goods without such signature.
5.4 Selecting the delivery address:
5.4.1 Delivery to your Card address:
When you have selected the Goods that you wish to purchase from us, you will be asked to enter the billing address associated with your card.
When prompted for a delivery address, tick the “Use billing address” box to select delivery to your card address.
5.4.2 Selecting an alternative address:
However, should you wish to send the Goods to an alternative address then you can enter this in the delivery address form as you proceed through the checkout process. The alternative address can be either residential or business.
5.5 Delivery charges:
5.5.1 Delivery charges vary according to destination, please see website for exact details.
6. Tracking your order
6.1 Once your Goods have been dispatched you will receive an e-mail confirming that they are on their way.
7.1 We hope you will be satisfied with the Goods purchased on the Website.
7.2 Subject to condition 7.2, if you wish to return to us any Goods:
7.2.1 prior to returning any faulty or unwanted product, you must email us at [email protected] to advise us of your intentions and to state the reason that you are returning your goods. We will issue you with a returns number which you must use on your correspondence and enclose this number with the goods. This is an authorisation code and no returns can be accepted with out this.
7.2.2 in respect of which if you find a defect within a reasonable time after delivery, we will examine the returned item and, subject to confirmation of the defect by us, we will refund the price of the item. We will usually process the refund due to you as soon as possible, and in any case, within 30 days of receiving the defective product. You will be refunded in full for the item and also refunded the original delivery charge for us sending the item to you and the cost incurred by you in returning the item to us. Please note that due to Health and Safety at work regulations we require any used faulty goods to be in a clean condition before accepting them for a refund. We reserve the right to refuse Goods which are excessively soiled or damaged as they would be rejected by our suppliers. If we do not agree that there is a defect in Goods you return or if we refuse Goods for being excessively soiled we will notify you by post or email to confirm our justification;
7.2.3 if you have cancelled the Contract between us within the fourteen-day cooling-off period (see condition 2.4 above), once the item has been checked, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the item in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
7.2.4 for any other reason, you may do so within 28 days of the date of dispatch. Once the item has been checked, we will refund the price of the item, providing it is in a saleable condition and is in its original, undamaged packaging. Please allow up to 21 days from the receipt of your return for a refund to be processed. The delivery charge is non-refundable and unless otherwise agreed between us, you must pay for the costs of return of the goods to us.
This condition 7.1 does not affect your statutory rights.
7.3 We will usually refund any money received from you to the Card account originally used by you to pay for your purchase.
How to return or exchange Goods
7.4 If you would like to return any Goods to us then you can do so by returning the Goods to our Returns centre.
7.5 Prior to returning any faulty or unwanted product, you must email us at [email protected] to advise us of your intentions and to state the reason that you are returning your goods. We will issue you with a returns number which you must use on your correspondence and enclose this number with the goods. This is an authorisation code and no returns can be accepted with out this.
7.6 To return Goods to the Returns Centre, on contacting our returns team, we will instruct you on which postal service to use to return the goods to us.
7.7 For our records you will be asked to complete the reason for your return along with the returns number and enclose this with the goods. This will enable us to identify your Goods on receipt and process your return immediately.
7.8 Refunds on Promotional Items
7.8.1 From time to time we will run offers and promotions on our Website, which allows a discount when 2 or more products are purchased within the same transaction.
7.8.2 For example: ‘Buy One Get One Free’,‘Buy One Get Second Half Price’, ‘3 for 2’
7.8.3 If only one item or part of the original “multibuy” offer is returned, then you will be charged full price for the remaining item/s (that were current at the time of ordering), which will be reflected in the amount we refund to you.
8. Warranties and liability
8.1 Subject to condition 8.6, we warrant to you that any Goods purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 Nothing in these Supply Terms excludes or limits our liability for:
8.3.1 death or personal injury caused by negligence;
8.3.2 fraudulent misrepresentation;
8.3.3 breach of the terms implied by the Sale of Goods Act 1983 and the Sale of Goods and Supply of Services Act 1980 which may not be excluded as a matter of law;
8.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 Without prejudice to condition 8.3, we shall not be liable, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
8.4.1 loss of profit;
8.4.2 loss of goodwill;
8.4.3 loss of anticipated saving;
8.4.4 special, indirect or consequential damage suffered by you that arises under or in connection with this agreement.
8.5 In the absence of any negligence other than breach of duty by MacuHealth Limited, your use of any Goods other than in accordance with their operating manuals and/or instructions is entirely at your own risk.
8.6 We have selected our Goods on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the Goods in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Goods shall be limited to the replacement value of the item in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of Goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.7 Please note that the colours of the Goods are as accurate as the Website allows, as the actual colours you see will depend on your monitor. We cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the Goods on delivery.
9.1 We aim to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If you wish to make a complaint please contact us either:
9.1.1 By email at [email protected]
9.1.2 By post, please write to us with your complaint to: MacuHealth Ltd, Unit 2, Cessna Avenue, Airport Business Park, Waterford, X91 F857, Ireland
9.2 Please provide full details of the nature of your complaint, including the Goods purchased, your order number, your name, address, daytime telephone number, email address and any other information which you think will assist us in resolving your problem as quickly as possible.
10.1 We will make every effort to deliver Goods and provide our services within a reasonable time and to comply with our obligations under these Supply Terms, but we cannot be held responsible for delays or failures due to adverse weather; public health emergencies; fire; flood or other natural disaster; traffic delays or failure of transport; mechanical breakdowns; strikes or other industrial action, or any other circumstances beyond our reasonable control.
10.2 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Supply Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Supply Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 10.4 below.
10.3 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.4 All notices given by you to us must be given to [email protected]
10.5 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 10.3 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10.6 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.7 If any of these Supply Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.8 These Supply Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
10.9 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Supply Terms.
10.10 Each Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the courts of Ireland.