This page tells you the terms and conditions on which we will supply to you the product(s) listed on our website www.mentellhealth.org (our website). Please read these terms and conditions carefully before ordering any products from our site.
You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. You should also print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
1. INFORMATION ABOUT US
1.1 We operate the website mentellhealth.org. We are The Men Tell Community Interest Company, a community interest company, registered in England and Wales under company number 9816775 and with our registered office and trading address on Bonnyrigg Close, Ingleby Barwick, STOCKTON-ON-TEES, Cleveland, TS17 0PG.
2. SERVICE AVAILABILITY
2.1 We accept orders from all over the world.
3. YOUR STATUS
By placing an order through our site, you accept that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old;
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order on through our website, you will receive an e-mail from us acknowledging that we have received your order. Our acceptance of your order is indicated by us sending to you the order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between The Men Tell Community Interest Company and you.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the next working day after the date of each order.
6. RISK AND TITLE
6.1 The risk in the goods shall remain with us until they come into your physical possession.
6.2 Ownership of the product(s) will only pass to you once we receive full payment of all sums due in respect of the product(s).
7. PRICE AND PAYMENT
7.1 The price of the product(s) and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Product prices include VAT.
7.3 We reserve the right to change prices and products from time to time and as necessary.
7.4 Payment for all product(s) must be by credit card, debit card or PayPal.
8. OUR REFUNDS POLICY
8.1 If you return a Product to us:
8.1.1 Because you have cancelled the contract between us within the fourteen-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the product in full, and any applicable delivery charges. However, you may be responsible for the cost of returning the item to us.
8.1.2 For any other reason (for instance, because you have notified us in accordance with clause 2.1 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the product is defective), we will examine the returned product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. OUR LIABILITY
10.1 Subject to clause 12, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the products.
10.2 Nothing in this agreement excludes or limits our liability for:
10.2.1 Death or personal injury caused by our negligence;
10.2.2 Fraud or fraudulent misrepresentation;
10.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
10.2.4 Defective products under the Consumer Protection Act 1987; or
10.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Men Tell Community Interest Company at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 below. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
14.2 Material from the website may not be reused for personal or commercial use without our written permission to do so.
14.3 If you post comments on the products or services to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the services you irrevocably authorise us to quote from your commentary on our site and in any advertising or social media outlets which we may create or contribute to.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action;
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 Impossibility of the use of public or private telecommunications networks; and
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 Nothing in this clause limits or excludes any liability for fraud.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. INFORMATION ABOUT COOKIES
We do not knowingly have cookies enabled on www.mentellhealth.org