Terms & Conditions

SimplexHealth (www.simplexhealth.co.uk) Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods and services (Products) listed on our website www.simplexhealth.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

1.1 www.simplexhealth.co.uk is a site operated by Glenfield Investments Limited (we). We are registered in England and Wales under company number 07226894 and with our registered office at 62 York Road, Wellingborough, NN29 7SG, United Kingdom.

2. SERVICE AVAILABILITY

2.1 Our site is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries.

3. YOUR STATUS

3.1 By placing an order through our site, you warrant that:

3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in one of the Serviced Countries; and
3.1.4 You are accessing our site from that country.

3.2  We offer food supplements which should not be used as a substitute for a varied diet. A food supplement is not a medicine, nor is it intended to prevent, diagnose, treat or cure any disease or health condition. Please consult a physician or medical practitioner before taking any dietary supplement, especially if pregnant or nursing. Content on this site is not intended to substitute any advice given by a medical practitioner or healthcare professional. Discontinue use and consult a doctor if adverse reactions occur. Before starting any weight loss or reduction programme you should make sure that you are not underweight and in any event we advise you to seek medical advice before beginning any weight loss programme.

3.3 Our site provides advice on diet and is intended to assist users in relation to weight loss and to achieve a healthy diet. We are not a medical organisation and we cannot give medical advice or make any diagnosis.

3.4 The material on our site or made available via our site is intended to be used as a general guide in relation to diet and weight loss. We do not provide medical advice or emotional support or assistance on an individual basis or feedback on any information submitted or posted on our site by you.

3.5 All water test kits do not meet analytical method regulations and are screening tests only. They can not be used to certify water as safe or unsafe for drinking. The test kit provide approximate results ONLY when used in strict accordance with instructions. SimplexHealth expressly disclaims any liability resulting from the use of this product, failure to follow instructions, or reliance of test results.

3.6 While we try to ensure that product information is correct, on occasion, manufacturers may alter their products, ie. ingredient lists, testing levels. For additional information about a product please contact us.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

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

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5. CONSUMER RIGHTS

5.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Simplexhealth – Returns, Scott Bader Innovation Centre, High Street, Wollaston, NN29 7FH, UK, email us, call us 0044 (0) 1933 664746) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

  • (a) 14 days after the day we receive back from you any goods supplied, or
  • (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
  • (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6. AVAILABILITY AND DELIVERY

6.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation, unless there are exceptional circumstances.

6.2 If you do not receive your order after 14 working days then please contact us so that we can look into it and agree a course of action.

6.3 Covid Testing – Please note that the timeframe for test results is a guide as sample collection kits and returned samples are delivered by Royal Mail and all handling and delays are outside of our control. Please contact us if you have not received your result within three working days of returning your testing kit. Please note that we cannot guarantee a specific timeframe for results and therefore we can not be held liable for potential costs occurred due to missed flights, events, trips or similar.

7. RISK AND TITLE

7.1 The Products will be at your risk from the time of delivery.

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. PRICE AND PAYMENT

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Delivery for orders is usually free within Europe (unless stated otherwise), a small fee for postage is charged for all orders which are to be shipped to outside of Europe.

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.4 Our site contains a large 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 for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5 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 mis-pricing.

8.6 Payment for all Products must be by credit or debit card or through PayPal. We accept card payment with Visa, MasterCard, Solo and Maestro.

9. OUR REFUNDS POLICY

9.1 When you return a Product to us:

9.2 Right to cancel an order

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Simplexhealth – Returns, Scott Bader Innovation Centre, High Street, Wollaston, NN29 7FH, UK, email us, call us 0044 (0) 1933 664746) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

9.2.1 Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

  • (a) 14 days after the day we receive back from you any goods supplied, or
  • (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
  • (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9.3 Faulty Goods

If you’re returning goods because they are faulty or were received in a damaged condition, please contact us as soon as possible, so that we can process your return as quickly and efficiently as possible, as returns received back without the right details may take longer to sort out.

9.4 How to Return

To return an item, ideally post it in new and unused condition, make sure it is packaged securely to:

FAO: Simplexhealth – Returns
Scott Bader Innovation Centre
High Street
Wollaston
NN29 7FH

(Please contact us for an alternative Returns address, if your order was shipped from Australia or Germany.)

Please include your name, address, invoice number and the request : Cancellation / Return for Refund / Faulty with your product.

We will process the refund as soon as we have received the product.

Please feel free to contact us before you return any items, so we can workout the best cause of action.

 

10. OUR LIABILITY

10.1 We warrant to you that any Product purchased from us through our site, in the case of goods, is of satisfactory quality and reasonably fit for all the purposes for which goods of the kind are commonly supplied and, in the case of services, will be performed with reasonable skill and care.

10.2 The warranty applicable to third party Products supplied by us shall be limited to the warranty offered by the manufacturer of such Product.

10.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product 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.

10.4 This does not include or limit in any way our liability:

10.4.1 For death or personal injury caused by our negligence;
10.4.2 Under section 2(3) of the Consumer Protection Act 1987;
10.4.3 For fraud or fraudulent misrepresentation; or
10.4.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

10.5.1 loss of income or revenue
10.5.2 loss of business
10.5.3 loss of profits or contracts
10.5.4 loss of anticipated savings
10.5.5 loss of data, or
10.5.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories 11.4.7 to 11.4.7 inclusive of this clause 11.4.

11. IMPORT DUTY

11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

12. WRITTEN COMMUNICATIONS

12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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.

13. NOTICES

13.1 All notices given by you to us must be given to Glenfield Investments Ltd, 62 York Road, Wellingborough, NN29 7SG, United Kingdom OR info@simplexhealth.co.uk. 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 clause 12 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.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 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.

14.3 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.

15. EVENTS OUTSIDE OUR CONTROL

15.1 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 events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. WAIVER

16.1 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 terms and conditions, 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.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

17. SEVERABILITY

17.1 If any of these terms and Conditions 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.

17 ENTIRE AGREEMENT

17.1 These terms and conditions 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.

17.2 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 terms and conditions.

17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19. LABORATORY TESTING

19.1 Please note, that we cannot guarantee a specific timeframe for results and therefore we can not be held liable for potential costs occurred due to delayed test results, missed flights, events, trips, or similar.
19.2 All customers purchasing these tests must use their own judgement about the best date to purchase, carry out and return the test to us. Simplexhealth can advice but we cannot take responsibility for any test timelines and associated outcomes affecting travel, events, trips or similar.

20. LAW AND JURISDICTION

20.1 Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.