LIPOELASTIC LTD reserves the right to change any goods or services, prices, specifications and availability at any time.
These terms and conditions outline the rules and regulations for the use of Lipoelastic LTD.'s Website (hereinafter referred to as the ‘Website’).
Please read Terms and Conditions carefully before using our website. Website is operated by LIPOELASTIC LTD., Company Number: 105 094 09, VAT Number: GB265 1754 92, with registered office at: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. By accessing or using our Website, you consent to our terms and conditions. Do not continue to use Lipoelastic LTD.'s website if you do not accept all of the terms and conditions stated on this page. Terms and Conditions may be modified and posted on our Website from time to time.
If you have a comment, concern or complaint about our products or services, or any other queries please email us at firstname.lastname@example.org
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We are not liable, if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all this Website.
Unless otherwise stated, LIPOELASTIC LTD. and/or it’s licensors own the intellectual property rights for all material on LIPOELASTIC LTD. All intellectual property rights are reserved. You may view and/or print pages from the Website for your own personal use subject to restrictions set out in these terms and conditions.
You must not:
Republish material from the Website
Sell, rent or sub-license material from the Website
Reproduce, duplicate or copy material from the Website
Redistribute content from Lipoelastic LTD. (unless content is specifically made for redistribution).
You must not misuse this Website to commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into the Service; corrupt data; cause annoyance to other users; infringe upon the rights of others proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities accessed through this Website. Breaching this provision would constitute a criminal offense and LIPOELASTIC LTD. will report any such breach to the relevant law enforcement authorities and disclose your identity.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to the use of this Website or to the downloading of any material, or on any website linked.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of LIPOELASTIC LTD or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by LIPOELASTIC LTD. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or use any such content in connection with any business or commercial enterprise from the Website.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
"Client", ‘You’ and ‘Your’ refers to you, the person accessing this website and accepting the Company’s terms and conditions.
'Conditions' means these terms and conditions.
‘The Company’, ‘Ourselves’, ‘We’, ‘Our’ and ‘Us’, refers to our Company – LIPOELASTIC LTD.
‘Party’, ‘Parties’, or ‘Us’, refers to both the Client and ourselves, or either the Client or ourselves.
‘Business day’, ‘Working day’– a day other than a Saturday, Sunday or holidays in the United Kingdom.
‘United Kingdom’ means England, Wales, Scotland, Northern Ireland and the Channel Islands.
‘Contract’ - the contract between LIPOELASTIC LTD. and the Customer for the sale and purchase of the Goods in accordance with these Terms and Conditions.
‘Customer’, ‘Client’ - the person or firm or company who purchases the Goods from LIPOELASTIC LTD.
‘Goods’ - the goods (or any part of them) set out in the Order.
‘Order’- the Customer's order for the Goods, as set out in the Customer's purchase order made through this website.
6. Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or superior force for which we will not be responsible.
If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit, debit card or PayPal account used to place your order and that there are sufficient funds to cover the cost of the goods.
7. Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods have been dispatched to you and that we have received full payment for the products. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed. All orders are subject to availability and on a first-come first-served basis. Goods cannot be reserved, and we reserve the right to refuse to accept an order.
8. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total price’. Prices are in Pound Sterling and VAT inclusive.
We reserve the right, by giving notice to you at any time before delivery, to correct the price of the Goods to reflect any increase in the cost to us which is due to any factor beyond our reasonable control, any change in delivery dates, quantities or specifications for the Goods which are requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions. You will be asked to re-confirm your order at the new price.
You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. Products labelled as in stock should be delivered the next working day from order confirmation, this applies for orders placed before 2 p.m. GMT. Orders to Scotland, Ireland, Northern Ireland and Isle Man are sent Standard Delivery and estimated delivery within 1 to 2 working days. Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delays in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. Telephone number is required to prevent any return on goods.
If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery, then we reserve the right to:
(a) Charge you again for the delivery of the Goods; or
(b) Refund you the cost of the Goods minus the delivery charge.
LIPOELASTIC sends parcel(s) with packing note with clearly displayed LIPOELASTIC details, product description and the recipient details, as required for delivery by the transportation company. Every effort is made to protect the customers details. However we cannot take any responsibility for third party interception or observation of the parcel as once delivered it is the recipients property.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. Products are shipped on the assumption that full payment was credited to our bank account or PayPal account and you received confirmation email about the payment.
Due to technical nature of our compression garments it is important that you have used the measuring chart for product and correctly obtain the right size. We recommend you get measured by a medical specialist before purchasing any of the products listed. We are not responsible for any incorrect measuring of our garments or liable for any medical issues due to incorrect sizing following use of our garments.
In the case that our goods do not meet with your satisfaction, you must inform LIOELASTIC LTD within 14 days from receiving the good, and you should return good within 14 days from the notice with the procedure below. Such returned goods are a unilateral withdrawal from the sale contract.
12. Exceptions for returns
Due to the medical nature of our products, and due to health and safety reasons, any garments which have been worn post-surgery cannot be returned.
When exchanging or returning goods it is necessary to comply with these terms:
- Goods must be undamaged.
- Goods must not be used after surgery.
- Goods must not be dirty.
- Goods must be complete.
- The label must not be taken off.
- Along with the goods, provide a copy of the receipt or proof of purchase of the goods from our company.
- Goods must not be sent to our registered office address and must be sent to address provided on return label.
13. Damaged or Faulty products
You must check the goods on arrival. We will either refund the full purchase price including postage and packing of an item which is delivered in a damaged or faulty condition or which has developed a fault within 3 months from delivery (other than due to normal wear and tear, failure to follow instructions or misuse). Or alternatively, at your option, we will replace the item with the same or a similar product (subject to stock availability).
If a product is damaged or faulty, please contact us at once and no later than 7 working days of receipt, or of the fault developing, and we will arrange a refund or replacement as you request.
Please allow 30 days from receipt by us of your item for your refund to be processed or replacement item(s) despatched.
We reserve the right to refuse to issue a refund/replacement item and to recover the cost of the returns delivery from you in the event that the item is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear not affect your statutory rights.
14. Fitting service and advising on sizing
We are not surgeons or medical practitioners. We can provide you with assistance in seeking the right sizing and style of compression garment for comfort purposes, but we provide no guarantees or warranties that the sizing will be correct or will remain correct as at the time of and following your surgery. We are happy to liaise with the office of your plastic surgeon or medical practitioner in an effort to better accommodate your medical requirements.
However, we are not trained medical practitioners and our assistance is not medical advice. In no way should you consider that our assistance replaces or even supplements the advice of your doctor, plastic surgeon, clinic or hospital.
Caution! If you experience extra heat, unexpected swelling, red lines appearing near to the edges or borders of the compression garment, any rise of temperature, you feel lightheaded or any other unusual symptom, remove the garment immediately and please consult your qualified medical practitioner immediately.
We can provide you with assistance in determining your approximate size for your garment over the phone or in other non-face to face ways, but we cannot be held responsible for the garment failing to fit you correctly. You must ensure that you constantly monitor the fit and if there are any concerns or the slightest evidence (including but in no way limited to the factor detailed above) you must immediately remove the garment and consult with a qualified medical practitioner.
GUIDANCE FOR SELF-MEASURING FOR OUR POST-SURGICAL COMPRESSION GARMENTS
To ensure that you measure yourself as accurately as possible, please follow our guide here. Take a note of your initial sizing and then and re-measure to be sure. Body size can change over a period of time and even at different times of the day; we do not accept responsibility for any change of measurements. Swelling can occur straight after the operation, which we can't estimate, as it is dependent upon surgeon's skills, individual operation technique and your body's reaction to the surgery.
Please bear in mind that this is a medical strength compression garment, which has the optimal level of strength to facilitate your recovery post-surgically. The sizing of the garment is very precise and tested independently to be this way. It is important to be measured correctly to avoid the garment being too tight either all over or in certain places on your body. If in doubt, always consult your qualified medical practitioner.
FOOT NOTE FOR INSURANCE PURPOSES
Post-surgical compression garments are considered as a class 1 medical device, which exempts them from needing a medical prescription and allows us to sell them commercially as a clothing manufacturer. We are not medically trained and any help that we provide in relation to styles or sizing is purely from a comfort perspective.
15. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law https://eshop.lipoelastic.co.uk/ and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect LIPOELASTIC LTD., liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. Also nothing in these Terms and Conditions shall limit or exclude LIPOELASTIC 's liability for: fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 1987; or any matter in respect of which it would be unlawful for LIPOELASTIC LTD to exclude or restrict liability.
No medical advice or instruction of any nature whatsoever is offered or given
You agree to indemnify, defend and hold harmless LIPOELASTIC LTD. its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
LIPOELASTIC LTD. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page(s) of this Website.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and LIPOELASTIC LTD. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of LIPOELASTIC LTD.