Terms of Supply

1.Introduction

  • 1.1 These are the terms and conditions of supply for gammacore.co.uk (Site). The Site is operated by ElectroCore UK Ltd trading as electroCore (we, us and our). We are a limited company, registered in England. Our registered company number is 09432721, and our registered office is at Suite Ff10, Brooklands House, 58 Marlborough Road, Lancing, West Sussex, England, BN15 8AF. We are regulated by The Medicines and Healthcare Products Regulatory Agency. Our VAT registration number is GB 310 6771 27.
  • 1.2 Your purchase of any of the products offered on this Site (Products) is subject to these terms and conditions and by placing an order for any product you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of the Site itself is subject to our https://www.gammacore.co.uk/terms-of-use/. Use of your personal information submitted via the Site is governed by our https://www.gammacore.co.uk/privacy-policy/.
  • 1.3 We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on July 2022.

2. Ordering and availability

  • 2.1 Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us on the checkout page.
  • 2.2 All orders are strictly subject to you meeting the eligibility requirements for the Product. Each order must be approved by one of our qualified healthcare professionals based on the information you provide in the online questionnaire. You hereby warrant that the information you provide in the online questionnaire is true, up-to-date, complete, and accurate. We reserve the right to reject any orders based on the information you provide in the online questionnaire.
  • 2.3 After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. 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 approval by a healthcare professional.  We are not obliged to accept your order and may, at our discretion, decline to accept any order for any reason, including but not limited to you failing to satisfy our eligibility criteria.  You do, however, acknowledge that by clicking on the “Place Order” button, you have an obligation to pay for the Product(s) if your order is accepted by us.  Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (Despatch Confirmation).  The contract between you and us in relation to the Products ordered (Contract) will only be formed when we send you the Despatch Confirmation.  After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Product specifications set out on the Site.
  • 2.4 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products have been approved and your order has been confirmed in a separate Despatch Confirmation.

3. Delivery

  • 3.1 Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.
  • 3.2 Your order will be delivered to the delivery address you specify when placing your order within the United Kingdom. Orders cannot be delivered to PO Box or similar addresses.  Our courier will not be responsible for any additional carrying, unpacking or positioning of Products.
  • 3.3 Products comprised within the same order cannot be delivered to different addresses.
  • 3.4 Deliveries are made by courier and orders are processed Monday to Friday, excluding bank and public holidays. It is not possible to specify a precise time at which a delivery will take place but once despatched a tracking number will be provided. Please note that the courier may require deliveries to be signed for.

4. Risk and title

Products ordered will be at your risk from the time of delivery.  Ownership of the Products ordered will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.

5. Price and payment

  • 5.1 The price of Products is as quoted on the Site from time to time.
  • 5.2 Prices include VAT but exclude delivery costs, which will be detailed and added to the total amount due when you checkout.
  • 5.3 Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
  • 5.4 Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. We can only accept credit or debit cards where the statement address is within the United Kingdom.
  • 5.5 We will not charge your credit or debit card until we confirm your order.
  • 5.6 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee.  We are not responsible for this.

6. Consumer rights

  • 6.1 Except in relation to certain Products set out below, you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after complete fulfilment of your order. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see below).
    To cancel a Contract, please follows the prompts in your “My Account” area.
  • 6.2 You must also return the Products to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to you order). 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 to deduct the cost of any deterioration, up to the price of the Product, from the refund to which you are otherwise entitled.
  • 6.3 You will not have any right to cancel a Contract for the supply of any of the following Products;
    • (a) perishable items
    • (b) health sealed items, in each case, where the sealed packaging has been opened;

unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered

7. Returns

  • 7.1 To return the Products, you should package the parcel securely (making sure you include a note of your name and address) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail or if the Products are too bulky to return by mail then by a suitable carrier
  • 7.2 We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed.  You will be responsible for the cost and risk of returning the Products to us.
  • 7.3 Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Despatch Confirmation.
  • 7.4 Nothing in this section affects your legal or statutory rights.

8. Our refunds policy

  • 8.1 If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Products back or, if earlier, the day on which we receive evidence that you have returned the Products to our returns address (see above). We will refund the price of the Products in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)). However, we will not refund delivery costs and your cost of returning the Products to us.
  • 8.2 We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

9. Faulty products

  • 9.1 If any Product you order is damaged or faulty when delivered to you, we may offer a replacement, exchange, or refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you must inform us in writing to customerserviceuk@electrocore.com giving us your name, address, and order reference.
  • 9.2 If we receive a notice from you alleging a Product does not meet the Product Standards, is damaged or faulty then we shall, in our sole discretion elect whether to replace such Product or issue you with a refund. Subject to clauses 13, you acknowledge that this represents your sole and exclusive remedy for faulty, damaged, or defective Products and in no event shall we be liable for any additional costs, expenses or damages incurred by you directly or indirectly because of a defect, damage, or discrepancy in a Product.
  • 9.3 Nothing in this section affects your legal or statutory rights.

10. Product information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

11. Product Standards and warranties

  • 11.1 Products supplied to you by us shall be manufactured, labelled, packaged and tested free from material defects in materials and workmanship; and compliant with all Laws, being the product standard (Product Standard).
  • 11.2 At the time of delivery, we warrant that the Product(s) shall meet the Product Standard. The warranty does not apply to any Product that:
    • (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by us;
    • (b) has been reconstructed, repaired, or altered by persons other than us or our authorised representative. You shall not service, repair, modify, alter, replace, reverse engineer or otherwise change any Product.
  • 11.3 Except for the limited warranty provided for in these terms (and any applicable product liability laws) the Product is provided to you on an as-is basis and any other warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or accuracy are to the fullest extent permitted by applicable law excluded.

12. Our liability

  • 12.1 Nothing in these terms and conditions shall limit or exclude our liability to you:
    • (a) for death or personal injury caused by our negligence;
    • (b) for fraudulent misrepresentation;
    • (c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
    • (d) under Part I of the Consumer Protection Act 1987; or
    • (e) for any other liability that may not, under English law, be limited or excluded.
  • 12.2 Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
  • 12.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

13. Complaints

A “complaint” consists of both product complaints and adverse events. A complaint alleges deficiencies related to the identity, quality, durability, reliability, safety, or performance of a device. In addition, a complaint is any indication of the failure of a device to meet customer or user expectations for quality or to meet performance specifications.  This includes the possibility of not meeting a product labeling or packaging specification.  An adverse event is an incident involving the use of a product in a medical application that is purported to have resulted in a serious injury or, any undesirable experience by the patient associated with the use of the device.

All complaints should be notified as soon as possible following identification by emailing customerserviceuk@electrocore.com or complaints@electrocore.com.

14. General

  • 14.1 You may not transfer or assign any or all your rights or obligations under any Contract.
  • 14.2 All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
  • 14.3 If we fail to enforce any of our rights, that does not result in a waiver of that right.
  • 14.4 If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
  • 14.5 These terms and conditions may not be varied except with our express written consent.
  • 14.6 These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
  • 14.7 These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.

15. Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to customerserviceuk@electrocore.com or by telephone on 0800 6785632.