These are the terms and conditions (“Terms”) on which we supply products and services to you. Please read these Terms carefully before you submit any order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
By placing an order with us, you agree to be bound by these Terms. If you do not agree to these Terms, you must not order any products or services from us.
We are THP Health Ltd, a company registered in England and Wales under company number 15521342. Our registered office address is 20 Wenlock Road, London, N1 7GU.
You can contact us by writing to us at the above address or by emailing us at support@heracles.health.
Our acceptance of your order takes place when we send you an email confirming that we have accepted your order (“Order Confirmation”), at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the products. This might occur because the product is out of stock, because of unexpected limits on our resources that we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can quote the order number whenever you contact us about your order.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the products may vary from that shown in images on our website. All products are subject to availability. We will inform you as soon as possible if the product you have ordered is not available and we will not process the order if this is the case.
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If the change is possible, we will inform you about any changes to the price, timing of supply, or anything else that would be necessary as a result of the requested change and ask you to confirm whether you wish to go ahead.
If we cannot make the change or the consequences of making the change are unacceptable to you, you may wish to end the contract (see section 8).
We may change the products to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect your use of the products.
In addition, we may make more significant changes to the products or these Terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
The costs of delivery will be as displayed to you during the checkout process and confirmed in the Order Confirmation.
During the order process, we will let you know the estimated delivery date for your products. We will deliver the products to the address you provide during the order process. If no one is available at your address to take delivery, we will leave you a note asking you to contact us to rearrange delivery.
If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
A product which is goods will be your responsibility from the time it is delivered to the address you provided. You own a product which is goods once we have received payment in full.
If we miss the delivery deadline for any products, you may treat the contract as at an end straight away if any of the following apply: (a) we refused to deliver the products; (b) delivery within the delivery deadline was essential taking into account all the relevant circumstances at the time the contract was made; or (c) you told us before we accepted your order that delivery within the deadline was essential.
You may end the contract for a product at any time before we have delivered it for any reason, and you may be entitled to a refund. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract.
For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. This is known as the “cooling-off period”. The cooling-off period starts from the day after you (or someone you nominate) receives the products.
You do not have a right to change your mind in respect of products that are sealed for health protection or hygiene purposes once they have been unsealed after delivery, or products that are personalised or made to your specification.
For prescription medication products, once a prescription has been issued and the medication has been dispensed and dispatched, we are unable to accept returns due to health and safety regulations. Prescription medicines cannot be resold or reused once they have left the pharmacy. If you have concerns about your medication, please contact us and we will do our best to help.
You may also end the contract if we have told you about an upcoming change to the product or these Terms that you do not agree to, if we have told you about an error in the price or description of the product, if there is a risk that supply of the products may be significantly delayed because of events outside our control, or if you have a legal right to end the contract because of something we have done wrong.
To end the contract, please let us know by contacting us at support@heracles.health. Please provide your name, home address, details of the order, and, where available, your phone number and email address.
If you end the contract within the cooling-off period, you must return the products to us. You must send off the goods within 14 days of telling us you wish to end the contract. Please return the goods to our address. You will be responsible for the cost of returning the goods to us.
We will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. We will make any refunds due to you as soon as possible and in any event within 14 days of receiving the goods back from you.
We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due, or if you do not, within a reasonable time, allow us to deliver the products to you.
If we end the contract in the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breaking the contract.
If you have any questions or complaints about the products, please contact us. You can email us at support@heracles.health or write to us at our registered office address.
We honour our legal duty to provide products that are in conformity with the contract. Nothing in these Terms will affect your legal rights. For detailed information on your legal rights, please visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.
The price of the products (which includes VAT where applicable) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the prices of products are correct at the time the relevant information is entered onto the system. However, if we discover an error in the price of a product you have ordered, we will inform you and give you the option of continuing with the order at the correct price or cancelling the order.
We will not process your order until we have verified the price. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as an error, we may end the contract, refund you any sums you have paid, and require the return of any goods provided to you.
We accept payment by the methods indicated during the checkout process. You must pay for the products before we dispatch them.
If you do not make any payment to us by the due date, we may charge interest on the overdue amount at the rate of 4% per year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment, whether before or after judgment. You must pay us interest together with any overdue amount.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will use the personal information you provide to us to supply the products to you, process your payment, and, if you agreed to this during the order process, to send you information about similar products we provide. You may stop receiving these communications at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so. For further details, please see our Privacy Policy.
We may transfer our rights and obligations under these Terms to another organisation. We will notify you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these Terms to another person if we agree to this 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 clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may wish to contact an alternative dispute resolution provider.