These terms were last updated on 20/01/2020 when we updated clause 1
Website Terms and Conditions of Supply
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should note that for prescription medicines, special terms apply and these are set out in the Membership and Prescriptions Section of the Website.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. We will notify you of any changes in this way “These Terms were most recently updated on 13/5/2014 when we changed clauses 1 to 17.”
These Terms, and any Contract between us, are only in the English language.
1 Information about Us
www.healthwave.ie. Is a site operated by Healthwave Limited (we or us).We are registered in Ireland under company number 528404 and we have our registered office at Unit 2.4 Dundrum Retail and Office Park, Sandyford Road, Dundrum, Dublin 16. Our VAT number is 3183646GH.
To contact us, please see our Contact Us page www.healthwave.ie/contact.
Healthwave is registered with the Pharmaceutical Society of Ireland as a Retail Pharmacy Business. Our registration number is 7885.
2 Our Products
The packaging of the Products may vary from that shown on images on our site.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3 Use of our Site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
If you would like to join Healthwave, please click here www.healthwave.ie/register.
4 How we use your Personal Information
This site is for consumers only. You may only purchase Products from our site if you are at least 18 years old.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
6 How the Contract is formed between You and Us
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.2.
We will confirm our acceptance to you by sending you an e-mail or SMS that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7 Our right to vary these Terms
We may revise these Terms from time to time in the following circumstances:
- changes in how we accept payment from you;
- changes in relevant laws and regulatory requirements; and
- any other circumstances that may occur from time to time.
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8 Right of Return and Refund
As a consumer, you have a legal right to cancel a Contract under the Distance Selling Regulations 2001 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
However, this cancellation right does not apply in the case of:
- Any types of medicines or personal hygiene products;
- periodicals or magazines;
- perishable goods;
- software, DVDs or CDs which have a security seal which you have opened or unsealed.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 days in which you may cancel, starting from the day after the day you receive the Products.
To cancel a Contract, please contact our Customer Services telephone line on 016853086 or e-mail us at email@example.com to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We refund you on the credit card or debit card used by you to pay.
If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable;
- unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us;
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Details of your right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms.
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined in clause 15.2). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us.
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
10 International Delivery
UNFORTUNATELY, WE DO NOT DELIVER TO ADDRESSES OUTSIDE THE REPUBLIC OF IRELAND.
11 Price of Products and Delivery Charges
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the Republic of Ireland for the time being. However, 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.
The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12 How to Pay
You can only pay for Products using a debit card or credit card. We accept the following cards: Visa and MasterCard
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
13 Manufacturer Guarantees
Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
A manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described.
14 Our Liability
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 these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any implied terms as to quality, fitness for purpose or description as set out in the Sale of Goods and Supply of Services Act 1980; or
- defective products under the Liability for Defective Products Act 1991.
15 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 a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16 Communications between Us
When we refer, in these Terms, to “in writing”, this will include e-mail.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Healthwave Limited at Unit 2.4 Dundrum Retail and office Park, Sandyford Road, Dublin 16 or by email to firstname.lastname@example.org. You can always contact us using our Customer Services telephone line
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17 Other Important Terms
We may transfer our rights and obligations (for example to deliver the Products) under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
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.
These Terms are governed by Irish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Irish law. You and we both agree to that the courts of Ireland will have exclusive jurisdiction.