Terms of Sale
These terms of sale (the “Terms of Sale”) apply to any purchases of items through the website www.merz-institute.co.uk (the "Website") (the “Contract”).
Sales on the Website are made by Merz Pharma UK Ltd (“Merz”, “we” or “us”) with its registered office at 260 Centennial Park, Elstree Hill South, Elstree, Hertfordshire, WD6 3SR. Our VAT number is 843234246.
1.1 You are required to put a product you wish to purchase in the virtual shopping list and to enter your payment details as requested. Each order by you is an offer by you to buy the product specified in the order subject to these Terms of Sale.
1.2 You will be given the opportunity to review and amend the details of your order. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
1.3 After you place your order, you will receive an email from us accepting your order and acknowledging that we have confirmed your order. At which point and on which date the Contract between you and us will come into existence. The Contract will only relate to those products confirmed in the order confirmation (the “Services”).
1.4 If we are unable to supply you with the products for any reasons, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount.
2 Prices and Payment
2.1 The prices indicated are in GBP and are inclusive of VAT. Only payments made via PayPal are accepted and all prices must be paid in full when ordering.
2.2 To process your payment PayPal (Europe) S.à r.l. et Cie, S.C.A. will require your personal and payment details. For more information on the data PayPal collect please visit the PayPal website https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full?locale.x=en_GB.
4 Licence to digital content
4.1 The Services are intended for your personal and non-commercial use. In purchasing the Services you are hereby granted a non-exclusive, revocable and non-transferable licence to access and use the Services provided by us. This licence is provided solely for your personal use and enjoyment. We and our licensors own all title and rights in the Services, including, but is not limited, to all copyright, trade marks, know-how and other intellectual property rights.
4.2 If you purchase, via the Website, a licence for digital content, the basis on which the digital content is made available to you (stream or download), the applicable viewing period as well as information regarding the functionality of the digital content will be indicated on the Website’s product detail page for that digital content.
4.3 Any licence for digital content purchased via the Website is granted to you personally and you must not use the digital content for any purpose other than your activity as a healthcare professional. In particular, without our written consent, you must neither lease nor rent digital products nor sublicense, share, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the digital content other than as expressly permitted by applicable law.
4.4 All rights in the Services not expressly granted to you by us are retained by us and our licensors.
5 Technical protection measures and interoperability
5.1 In order to be able to stream or download the digital content, you will need to use a personal computer or other device that meets the following system and compatibility requirements (the "Compatible Device"), as well as connectivity to the internet:
5.2 Desktop, notebook or tablet device with:
5.2.1 Internet Explorer 9 and later;
5.2.2 Firefox 34 and later;
5.2.3 Chrome 38 and later;
5.2.4 Safari 8 and later;
5.2.5 iOS version 7 and later;
5.2.6 Android version 4.1 and later.
6.1 In the event of a defect or problem with the any download, please contact us as soon as possible.
7 Right of Withdrawal
7.1 For context to this paragraph 7, you are a consumer if you are purchasing the Services for a purpose which is wholly or mainly outside of your trade, business, craft or profession. In all other cases you will be deemed as a business user of the Services.
7.2 Where the Services are provided as digital content; as soon as you download the content you will lose your right to cancel the Contract.
7.3 If you are acting as a consumer, and you cancel a course booking, such as “Bones, Muscle and Facial Fat” for example, within 14 calendar days of receiving your order confirmation without giving any reason, you are entitled to a full refund of the price paid. If you are not acting as a consumer, the normal refund policy provisions shall apply[HC1] .
7.4 Cancellations and refunds in circumstances outside those described above, and/or following the expiry of the 14-day cancellation period, are subject to the terms and conditions as set out below. For the avoidance of doubt, the cancellation period will expire after 14 days from the date of the order confirmation.
7.5 To cancel a course booking, you must inform us (Merz Pharma UK Ltd, 260 Centennial Park, Elstree Hill South, Elstree, Hertfordshire, WD6 3SR, email firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the model cancellation form although it is not obligatory to use it. Once completed submit it electronically to the email address above or post it to the postal address above marked for Refund and Cancellation. If you do not use the model cancellation form you must clearly state your intention to cancel the course. To meet the cancellation deadline it is sufficient for you to send your communication concerning exercising the right to cancel before the cancellation period has expired.
7.6 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event you will not incur any fees as a result of this reimbursement. We will endeavor to reimburse you within 14 days from the day which we are informed of your decision to withdraw.
7.7 You will not have the right to cancel a contract where the services have been fully performed. For the avoidance of doubt, the contract will be fully performed when you download the Services through the means provided to you.
8 Limitation of Liability
YOUR ATTENTION IS PARTICULARILY DRAWN TO THIS CLAUSE
8.1.1 We are responsible to you for foreseeable loss and damage caused by us. 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, but we are not responsible for any loss or damage that is not foreseeable. 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, for example, if you discussed it with us during the sales process.
8.1.2 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 Services.
8.1.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
8.1.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial or business or re-sale purpose our liability to you will be limited as set out below.
8.2 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
8.2.1 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), or fraud or fraudulent misrepresentation, or any liability where it would be unlawful to do so.
8.2.2 Subject to clause 8.2.1 above, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
8.2.3 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 the fees paid by you for Services under such Contract.
9.2 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this Website if this happens.
9.3 Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
9.4 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
9.6 When we refer to "in writing" in these Terms, this includes email. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
9.7 Each paragraph of these Terms of Sale operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10 Applicable LawThe Terms of Sale and Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms of Sale and the Contract to the exclusive jurisdiction of the English courts. If you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in the Scottish, Northern Irish or the English courts.