Terms & Conditions
Disclaimer
These products do not claim to diagnose, treat, cure, or prevent any medical condition. Always consult your medical doctor regarding any health concerns.
The CELLER8 products are sold under a brand name and they are distributed worldwide through a global OEM agreement with Bedfont Scientific Ltd as the manufacturer and NewMed Ltd as the Global partner.
Shipping outside the UK
Trading as the brand CELLER8, NewMed Ltd are not responsible for any import costs or local taxes added at the port and during the customs procedures in your local country. The prices you pay on the CELLER8 website is excluding UK VAT and upon import to your country you may be charged fees dictated by your local government, which is outside of our control and not refundable or paid by CELLER8/ NewMed Ltd.
Brexit
The Brexit Transition Period ends on December 31, 2020. As a result, effective January 1, 2021, new laws will apply to sales between the UK and the EU.
If you are ordering from within the EU you will not be charged UK VAT by CELLER8/ NewMed Ltd on your order however we are not responsible for any import duties, VAT or fees charged once it enters your country. We want to make your order experience as smooth as possible and our friendly team are here to help if you have any questions.
30 Day Money Back Guarantee Terms and Conditions
Our returns policy is simple, we are confident you will see the benefits of PEMF within 30 days so you have 30 days to try it, if it doesn’t work out you will receive 100% of your money back providing the product is returned in perfect condition and working order including all accompanying packaging. The customer is responsible for all associated return costs to NewMed Limited in the UK.
“100% of money back” refers only to monies paid to NewMed Ltd directly on their website or through the CELLER8 website. We are not responsible for and will not refund any other costs you have incurred as a result of ordering from us, this includes (but is not limited to) local import fees or taxes for international orders. We are also not responsible for returning any costs associated with customer damage or misuse of the devices. Any damage or costs to repair devices or packaging as a result of misuse of a product will be deducted from any refunds.
All devices must be returned in their original box and carry bags, If the product box and/ or carry bags are not included when the order is returned, we will deduct a further 10%fee from the refund to cover the cost of new packaging.
Excludes custom orders. If an item is made to order or the standard specification is changed by your request (for example you have chosen a custom non-standard colour for a PEMF mat) it is exempt from the 30-day money back guarantee.
The money back guarantee cannot be used concurrently, it applies to your 1st order only. For example, you cannot return and place a new order to extend your 30-day moneyback guarantee.
We need to receive the returned device within 14 days of return notification. For example, if you let us know you wish to return your order on day 30, we should receive your returned device by day 44 from your original delivery.
Conditions
We try hard to accept all returns. Please ensure all goods must be returned to us: In original, undamaged packaging with any free gifts or documents provided. All goods will be inspected upon return.
Unwanted goods
If you have changed your mind or no longer require the goods you ordered you must return the goods together with the invoice to our returns department within 30 days of delivery.
Wrong, damaged or faulty goods
We take extra care to ensure the correct goods arrive to you in pristine condition, however on the rare occasions some packages are susceptible to damage in transit. If the goods you have received are wrong, damaged or faulty please contact a member of our team to discuss within 48 hours of delivery to your address. Please note that we will inspect all returned goods to confirm the fault before issuing any replacements or refunds.
If the goods you received are not what you expected please contact a member of our customer care team immediately to discuss further on +44(0)1622854864 or emailoffice@celler8.com. Please do not open, use or tamper with the original packaging unless you are completely satisfied and choose to keep the dispatched goods. Should you decide to return the goods to us our returns conditions apply.
Non-returnable and non-refundable goods
We are unable to accept returns or offer refunds on personalised, made to order, special order or perishable goods unless they are faulty or not as described.
Return address and conditions
Please send goods at your own cost to NewMed Ltd, Station Road, Harrietsham, Maidstone, Kent, ME171JA in an undamaged condition and in the original packaging.
The goods are your responsibility until they reach our warehouse, so make sure it’s packed up properly and can’t get damaged on the way. We recommend that you return goods via a secure method of delivery that requires a signature upon request, as we cannot be responsible for non-delivery of returned goods.
We will only send replacement or repaired goods to the original delivery address on your original order.
We are not responsible for any items returned by mistake.
It can take up to 7days (excluding bank holidays and weekends) from the date of your return to the parcel being delivered back to our warehouse and processed.
Any refund will automatically be refunded to the payment method you used to place your original order. This typically takes anything from 5-7 working days depending on your payment provider however can take up to 10 working days.
For more information or to discuss further please do not hesitate to contact a member of our team.
Full Terms and Conditions for the Supply of Goods
OUR TERMS
DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Event Outside Our Control: is defined in clause 14.2; Goods: the goods that We are selling to you as set out in the Order Acknowledgement; Order: your order for the Goods and/or Services [as set out overleaf]; Order Acknowledgement: the details of Our acceptance of your Order Services: the services that We are providing to you as set out in the Order; Terms: the terms and conditions set out in this document; and We/Our/Us: CELLER8 (brand) & NewMed Ltd, whose Company No. is 10862136 and whose Registered Office and Principal Trading Address is Station Road, Harrietsham, Maidstone, Kent, ME171JA, England.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
OUR CONTRACT WITH YOU
2.1 When you have ordered Goods or Services for purchase from our NewMed/ CELLER8 website, these Terms with the exclusion of clause 12 are the terms and conditions on which We supply such Goods or Services.
2.2 When you have ordered Goods or Services for trial from our NewMed/ CELLER8 website, these Terms with the inclusion of clause 12, which overrides any conflicting clause, are the terms and conditions on which we supply such Goods or Services.
2.3 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you when Goods have been ordered via Our NewMed/ CELLER8 website.
2.4 Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. If We agree to changes, We will confirm any changes inwriting to avoid any confusion between you and Us.
2.5 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.6. If We are unable to supply you with the Goods and/or Services, We will inform you of this [in writing] and We will not process the Order.
2.6 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or We contact you to tell you that We are able to provide you with the Services or the Goods, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
2.7 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.8 The images of the Goods on Our website and in Our catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, we cannot guarantee that the pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. 2.10 You must not use the Goods for any purpose other than advertised on the site or literature accompanying the Goods. By ordering the Goods you understand that the Goods are intended to be used as medical aids or devices. You shall not be entitled to any compensation from us in the event you use the Goods in any other way or for any other purpose than advertised on the site or literature accompanying the Goods.
CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time to reflect the following circumstances: (a)changes in relevant laws and regulatory requirements; OR (b) changes in Our processes; OR (c) changes material to these Terms.
3.2 If We have to revise these Terms under clause 3.1 and you have an outstanding Order, we will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 14.
3.3 You may make a change to the Order for Goods and/or Services at any time before We despatch the Goods by contacting Us, except in the case of made-to-measure Goods. Where this means a change in the total price of the Goods and/or Services, we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 15 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 15.
DELIVERY OF GOODS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time for deliveries to countries outside the UK.
4.2 Delivery charges will be calculated by our website and applied to your order during the checkout process.
4.3 Our Order Acknowledgment shall contain an estimated delivery date. However, this is only an estimate and Our delivery to you may be affected by an Event Outside Our Control. See clause 14 for Our responsibilities when this happens.
4.4 If We are notable to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this.
4.5 If we miss the estimated delivery date by more than 2 working days due to our fault you may cancel your Order immediately if any of the following apply: (a) We have refused to deliver the Goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told Us before we accepted your order that delivery within the delivery deadline was essential.
4.6 If you do not wish to cancel your order straight away, or do not have the right to do sounder clause 4.5, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
4.7 If We are unable to deliver the Goods, and such failure is your fault we may agree to arrange for re-delivery of the products, however, we reserve the right to charge you for the costs of re-delivery. A delivery is likely to be your fault if: (a) you provided the wrong address for delivery; (b) there is a mistake in the address for delivery that was provided; (c) the address for delivery is not reasonably accessible; (d) the address for delivery cannot be safely accessed; (e) if there is no person available at the address to accept delivery.
4.8 If We are unable to deliver the Goods due to reasons outlined in clause 4.7 you may cancel your Order immediately, however, you shall not receive any refund for delivery charges or costs.
4.9 If you do choose to cancel your Order for late delivery under clause 4.5, clause 4.6 or clause4.8 you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.
4.10 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you or a carrier organised by you collect them from Us and the Goods will be your responsibility from that time.
4.11 Title to the Goods transfers to you when We have received payment in full from you.
4.12 While title remains with Us, We reserve the right to recover, resell or dispose of the Goods and any costs incurred or losses sustained from recovery of such Goods from you shall be chargeable to you.
IF THE GOODSARE FAULTY
5.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS
6.1 The Goods come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods.
6.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
SELLER’S GUARANTEE OF GOODS
7.1 We warrant that on delivery and for a period of 6-36 months (depending on the product) from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.2.
7.2 This guarantee does not apply to any defect in the Goods arising from: (a) fair wear and tear;(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) if you fail to operate or use the Goods in accordance with the user instructions; (d) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and (e) any specification provided by you.
7.3 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Warranties and support are not transferable to third parties.
GOODWILL GUARANTEE OF GOODS
8.1 If you are unhappy with the Goods for any reason, you may return them to Us at your own cost within 30 calendar days of receipt with proof of purchase. We will refund you the price you paid for the Goods providing they meet the terms set out and are undamaged and free from material defects.
8.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
IF THERE IS A PROBLEMWITH THE SERVICES
9.1 In the unlikely event that there is any defect with the Services or Goods: (a) please contact Us and tell Us as soon as reasonably possible; and (b) please give Us a reasonable opportunity to repair or fix any defect.
9.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
RETURN OF GOODS
10.1 If you are entitled to return goods under these Terms or in relation to your rights as a consumer, please contact Us in Writing along with details of the Goods, Order and Order Acknowledgement and details of the reason for the return.
10.2 Products must be returned to NewMed Ltd, Station Road, Harrietsham, Maidstone, Kent, ME17 1JA,England by signed for delivery service or courier.
10.3 You (the customer) will be responsible for the payment of postage and any other costs associated with any returns from outside or inside the United Kingdom.
10.4 You must return the Goods in the original packaging provided. We may refuse to accept or charge a fee to You for Goods returned without the original packaging.
10.5 We will try our best to refund you the price paid for the returned goods within 10 days of receipt of the Goods.
10.6 If you return a product without compliance with clauses 10.1 to 10.5 we may be unable to provide a refund or provide a refund within 14 days.
PRICE AND PAYMENT
11.1 The price of the Goods and/or the Services will be set out in Our price list in force at the time you place your Order. Our prices may change at any time, but price changes will not affect Orders that you have already placed.
11.2 The prices for the Goods as advertised exclude delivery costs unless otherwise stated, which will be added to the total amount due.
11.3 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as amis pricing, We do not have to provide the Goods to you at the incorrect (lower)price.
11.4 Where We are providing Goods to you, you must make payment for Goods in advance by credit order it card. We accept payment with Credit and Debit cards as well as any other mechanism advertised on Our site. We will charge your credit or debit card upon Order Acceptance.
11.5 If We dispatch Goods to you without payment having been made, We may charge interest to you on the overdue amount at a the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the dispatch date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
11.6 However, if you dispute an Order Acknowledgement or invoice in good faith and contact Us to let Us know promptly after you have received an Order Acknowledgement or invoice that you dispute it, clause 11.5 will not apply for the period of the dispute.
OUR LIABILITY TO YOU
12.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
12.2 If We are installing the Goods and/or providing Services in your property, We will makegood any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by us.
12.3 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Goods under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond 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.
13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
13.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 15. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with Our cancellation rights in clause 14.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND INCLUDING 30 DAY MONEY BACK GUARANTEE
14.1 Before We begin to provide the Services or the Goods are delivered, you have the following rights to cancel an Order for Goods and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) you may cancel any Order for Goods and/or Services within 14 calendar days of placing an Order by contacting Us in Writing. We will confirm your cancellation in Writing to you. You may choose to use the cancellation form available on our website;
(b) if you cancel an Order under clause 14.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts and any delivery charges to you;
(c) however, if you cancel an Order for Services under clause 14.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms(except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us;
(d) unfortunately, if you cancel an Order for Goods under clause 14.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
14.2 An order cancellation template is available on our site which you may choose to use in order to cancel an order under clause 13.1(a) or as otherwise permitted by this Contract.
14.3 To use the 30day money back guarantee, you must contact CELLER8/ NewMed Ltd in writing to our address and via email to office@celler8.com or info@newmedltd.co.uk
(a) All returns under the 30 day policy must abide by the same physical attributes as above and be in a sellable condition after repacking.
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
15.1 We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) We will promptly contact you to let you know;
(b) if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you;
(c) where We have already started work on your Order for Services, We will not charge you anything and you will not have to make any payment to Us.
INFORMATION ABOUT US AND HOW TO CONTACT US
16.1 CELLER8 is a brand name for the PEMF device, which is globally distributed by NewMed Limited. We are a company registered in England and Wales. Our company registration number is 10862136 and Our registered office is at Station Road, Harrietsham, Maidstone, Kent, ME17 1JA, England. We are trading under the name NewMed and brand name CELLER8 for the purposes of these Terms.
16.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team +44 (0)1622 854864, or as otherwise advertised on our site.
16.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to NewMed Ltd at Station Road, Harrietsham, Maidstone, Kent, ME171JA, England or to email addresses as advertised on our site. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address and/or email address you provide to Us in the Order.
16.4 To make a complaint in the first instance please call NewMed on +44 (0) 1622 854864 or alternatively email info@newmedltd.co.uk. If there is no resolution following the above, NewMed offer a link to the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (the Regulations) introduce to the UK the European Commission’s online dispute resolution platform (the ODR Platform). The ODR Platform is intended to encourage cross-border purchasing by consumers across the EU and is part of the Commission’s Digital Single Market initiative. Online dispute resolution is an alternative dispute resolution(ADR) procedure conducted online. The ODR Platform will provide a portal for consumers to submit a complaint to a relevant, registered ADR provider with the aim of resolving the dispute. It will offer a translation function to help facilitate cross-border disputes. The aim is to make consumers and traders more confident in trading online and across borders. Consumers and traders alike will know that they will have a platform to settle their disputes out of court in a simple, fast and low-cost way. This form can be found here: http://ec.europa.eu/consumers/odr/
HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 We will use the personal information you provide to Us to:
(a) deliver the Good sand/or Services;
(b) process your payment for such Goods and/or Services;
(c) inform you about similar Goods or services that We provide, but you may stop receiving these at any time by contacting Us; and
(d) to enforce outstanding payment for delivered goods.
17.2 We will not give your personal data to any third party except as required by clause 17.1(a) or clause 17.1(d).
INTELLECTUAL PROPERTY
18.1 At all times Our patents, trademarks, copyrights and other intellectual property rights, both registered and unregistered, remain Our property.
18.2 You will not permit others and will not yourself detrimentally use Our registered trademarks or copyrights, both registered and unregistered.
18.3 You are permitted to use Our trademarks for the purposes of resale of the Goods if you so choose to do so.
OTHER IMPORTANT TERMS
19.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
19.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 6.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
19.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
19.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. Any overseas customers outside the UK will need to abide by English law.