Terms & Conditions of sale
These terms and conditions of sale (“Terms of Sale”) are a legal agreement between Vana Health Inc., together with its affiliates and partners (collectively, “Vana”, “us”, “we” or “our”) and you (“you” or “your”).
Where to find information about us and our products
You can find everything you need to know about us and our products on our website before you order. We also confirm the key information to you in writing after you order by email.
Our products are not a substitute for medical advice
The products, services or information we provide are not intended to diagnose, treat, cure or prevent any disease. All information we make available to you is provided for informational purposes only, and is not intended to provide specific advice, including any health or legal advice. Statements relating to our products and services have not been evaluated by MHRA, EFSA, Health Canada and the FDA, or any other health regulatory body.
Any product, service or information we provide, including via any website or App or otherwise, does not replace regular medical examinations by a doctor or other health care professionals. You should always consult with a doctor regarding your own personal health circumstances and that of any person under your care. You should never disregard, avoid or delay obtaining advice from your doctor or other health care provider for you or any person under your care because of any product, service or information we provide. If you have or suspect that you or any person under your care has a medical problem or condition you should contact a qualified health care professional. In the case of an emergency, you should call for emergency medical help immediately.
The products, services and information we provide are not intended to constitute or be a substitute for medical or professional advice and should not be relied upon in any such regard. You should always consult a healthcare professional regarding any health-related product, services and information. The provision of any product, service or information to you does not create any healthcare provider/patient relationship between you and the company or between any other person and the company. No advice or information of any kind, whether oral or written, obtained by you from us in any form shall create any warranty.
We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
When you buy from us you are agreeing that:
- We only accept orders when we’ve checked them.
- Sometimes we reject orders.
- We charge you when you order.
- We charge interest on late payments.
- We pass on increases in VAT.
- We’re not responsible for delays outside our control.
- Products can vary slightly from their pictures.
- We charge you if you don’t give us information we need.
- If you are a consumer, you have a legal right to change your mind.
- You can end an on-going contract (find out how).
- You have rights if there is something wrong with your product.
- We can change products and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw products.
- We can end our contract with you.
- We don’t compensate you for all losses caused by us or our products.
- We use your personal data as set out in our Privacy Notice.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.
If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
We only accept orders when we’ve checked them
Your order constitutes an offer to us to buy products or subscribe to a service. We will contact you to confirm we’ve received your order and then we contact you again (normally within 48 hours) to confirm we’ve accepted it.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website and in our marketing, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you order
However, for some products we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than services), you will own it once we have received payment in full.
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as industrial action by our fulfilment partners, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: [email protected] to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures
A product’s true colour or packaging may be slightly different to that shown on your device.
We charge you if you don’t give us information we need
We may charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery.
If you are a consumer, you have a legal right to change your mind
Your legal right to change your mind: You have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can’t change your mind: You can’t change your mind about an order for:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
- goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind: If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know
To let us know you want to change your mind, contact our Customer Service Team: [email protected], and provide the date of order, the order number, the email address you used for the order and the item(s) you would like to return.
You have to return the product at your own cost
You have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can send the product back to us. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for goods which can’t be posted, see our Returns Process or contact our Customer Service Team: [email protected].
We only refund standard delivery costs
We don’t refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new” or the packaging is damaged. In some cases, because of the way you have treated the product, no refund may be due.
When and how we refund you
If the goods haven’t yet been delivered, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for a subscription for goods) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team: [email protected].
You have rights if there is something wrong with your product
Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team: [email protected] and provide us with the date of order, the order number, the email address you used for the order, the item(s) ordered and a copy of purchase receipt and details of the fault.
Your rights and remedies if you are a consumer
We honor our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.
Your rights if you are a business
We warrant that on delivery, any products which are goods shall:
- conform in all material respects with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
Your remedies if you are a business
Unless an exception applies (see Exceptions to business customers’ warranty) if:
- you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a business);
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
Exceptions to business customers’ warranty
We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if:
- you make any further use of such product after telling us it is non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage or use of the product or (if there are none) good trade practice;
- the defect arises because we followed any drawing, design or specification supplied by you;
- you alter or repair the product without our written consent; or
- the defect arises because of fair wear and tear, willful damage, negligence, or abnormal working conditions.
We can change products and these terms
We can always change a product:
- to reflect changes in relevant laws and regulatory requirements;
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the product; and
We can suspend supply (and you have rights if we do)
- We can suspend the supply of a product. We do this to:
– deal with technical problems or make minor technical changes;
– update the product to reflect changes in relevant laws and regulatory requirements; or
– make changes to the product.
- We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 3 days in any 2 week, we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 1 week you can contact our Customer Service Team: [email protected] to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.
We can withdraw products
We can stop providing a product, such as an ongoing service or a subscription for goods. We let you know at least 48 hours in advance and we refund any sums you’ve paid in advance for products which won’t be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
- you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us.
We don’t compensate you for all losses caused by us or our products
- Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
– Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
– Caused by a delaying event outside our control. As long as we have taken the steps set out in We’re not responsible for delays outside our control.
– Avoidable. Something you could have avoided by taking reasonable action.
– A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
- Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:
– we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to good will or any indirect or consequential loss arising under or in connection with any contract between us; and
– our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £[FIGURE] and 100% of the total sums paid by you for products under such contract.
- Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
– death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
– fraud or fraudulent misrepresentation;
– breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
– defective products under the Consumer Protection Act 1987; or
– any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
We use your personal data as set out in our Privacy Notice
You have several options for resolving disputes with us
- Our complaints policy. Our Customer Service Team: [email protected] will do their best to resolve any problems you have with us.
- You can go to court. These Terms of Sale are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer, we can claim against you in the courts of the country you live in. If you are a business, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract
- We can transfer our contract with you, so that a different organization is responsible for supplying your product. We’ll tell you in writing if this happens and, if you are a consumer, we’ll ensure that the transfer won’t affect your rights under the contract. If you’re a consumer and you’re unhappy with the transfer you can contact our Customer Service Team: [email protected] to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.
- You can only transfer your contract with us to someone else if we agree to this.
- Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
- If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
- Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.