Clear Medical Terms and Conditions

Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon Clear Medical giving notice of its formal acceptance of an order. Acknowledgement of receipt of an order shall not constitute acceptance of an order.

Parties and Definitions
Languages
General – Application of Terms and Conditions
Placing Your Order – Order Acknowledgement, Order Confirmation
Placing Your Order – Using a Clear Medical e-Voucher
Product Information and Availability Changes
Price
Manner of Payment
Terms of Payment
Account Information
Delivery
Delivery Date
Title
Your Right to Return and Returns Policy
Exceptions to Right to Return
Resale
Copyright Licenses
Defective Products and Product Guarantees
Liability Limitation
Data Protection and Privacy
Export Control
Changes to Terms and Conditions
Governing Law, Jurisdiction
Other – General
Statutory Rights

1. Parties and Definitions

Clear Medical Consulting Limited (”Clear Medical”) is the seller of Products and/or the supplier of Services for the purposes of the Customer’s rights and concerns relating to Products and/or Services.

Clear Medical Consulting Limited is a company registered in England and Wales, with a registered company number: 7651036. The registered office is at 591 Wilbraham Road, Chorlton, Manchester, M21 9AF, United Kingdom. Barclays Bank account number: 83391450 (IBAN: GB63CITI18500812652730). Clear Medical can be contacted by e-mail at info@clearmedical.co.uk and by telephone on the contact number(s) mentioned on the Clear Medical website. The following are Clear Medical VAT numbers in those countries to which Clear Medical supplies Products or renders Services where it is registered for VAT:

GB636110080

United Kingdom

In these terms and conditions Clear Medical Consulting Limited is referred to as “Clear Medical”, “we” or “us”, and any entity, firm or corporation, the majority of whose shares or equity is owned or controlled directly or indirectly by Clear Medical Consulting Limited; “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this or other Clear Medical Consulting Limited websites or a Clear Medical Consulting Limited call centre, and whose order for Products or Services is accepted by Clear Medical; “Contract” is the contract containing these terms and conditions, formed by Clear Medicals’s acceptance of your order; “Invoice” is the invoice issued by us to you for the price of the Products and/or Services; “Order” means an order placed by you in accordance with these Terms; “Order Acknowledgement” is Clear Medical Consulting Limited’s acknowledgement of receipt of your order, by e- mail or other medium (including telephone), this does not constitute acceptance of your order; “Order Confirmation” means the order confirmation is issued by us to you indicating acceptance of your order; “Products” are the products listed as items for sale on Clear Medical Consulting Limited websites; “Services” are any, chargeable or free, services available from Clear Medical Consulting Limited through Clear Medical Consulting Limited websites and telephone call centres, for example, delivery or packaging services; “Terms” are these terms and conditions of sale; “Clear Medical Consulting Limited websites” are the websites operated by or on behalf of Clear Medical Consulting Limited including those located at the internet domain with the URL and “day” refers to a calendar day.

2. Languages

The following is a list of the languages in which these Terms are available and the countries in which they apply. Where a country appears more than once in this list, you may choose the language version that applies to your transaction from the options presented:

Language

Country/Countries in which the language version applies

English

The United Kingdom, The Republic of Ireland

3. General – Application of Terms and Conditions

Your purchase of Products or Services, whether through a Clear Medical website or a Clear Medical telephone call centre, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.

4. Placing Your Order – Order Acknowledgement, Order Confirmation

By placing an Order, you make an offer to us to purchase the Products and/or Services you have selected on these Terms. We may or may not accept your offer at our discretion. Any Contract is dependent and conditional upon Clear Medical’s verification of availability and confirmation of both your Order and your credit card or other payment details. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. Generally, Clear Medical has 14 days as of the receipt of your placed Order for such verification and confirmation. As long as Clear Medical has not confirmed both of the above-mentioned points, Clear Medical is not obliged to provide Products and/or Services.

Clear Medical may in its sole discretion accept or reject orders or advise you of its inability to process orders.

Information contained in our advertising, brochures, other written materials, on the Clear Medical websites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products and/or Services.

You may place an Order by:

Filling in the order form on the Clear Medical website and clicking on the appropriate submission button; or
Telephoning us on designated telephone numbers mentioned on the Clear Medical websites.

Please note that Clear Medical does not deliver Products and/or Services to certain regions within some countries as listed in clause 11. In the event your order has been placed from a country where delivery to certain regions is excluded by Clear Medical, you will be notified via a pop-up window that will appear during your order process.

Purchases must be made from the Clear Medical website in the country where you are resident.

When you place your Order, Clear Medical will send you an Order Acknowledgement by e-mail. Such Order Acknowledgement may be automatically generated and shall not constitute an acceptance of the Order. Sony websites through which orders can be placed contain automatic means for identifying and alerting you to certain types of input errors before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.

We will send your Order Confirmation to you by e-mail. If we cannot accept your Order we will contact you by email or telephone.

We maintain records of Orders, Order Acknowledgements and Order Confirmations and retain these for a reasonable period following delivery. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, Order Acknowledgment, Order Confirmation, payment method acceptance and invoice as evidence of purchase.

5. Placing Your Order – Using a Clear Medical e-Voucher

If you want to place an Order using a Clear Medical e-Voucher, the following Terms and Conditions will apply in addition to the Terms and Conditions herein:

This offer is only open to customers with the residence of the country of issue or in one of the countries specified on the relevant promotion.
The e-Voucher may only be redeemed online at clearmedical.co.uk or by phone (see clearmedical.co.uk).
This offer is only available until the period specified in your promotion and will expire after such period has passed.
Each e-Voucher can be used only once, for one purchase transaction and the final purchase value must be greater than or equal to the value of the amount mentioned on your promotion.
Should you return any items purchased with an e-Voucher, you will not receive a refund for the amount of the e-Voucher nor a replacement voucher.
The refund shall apply to the actual and final invoice amount or the relevant pro-rata amount in case the e-Voucher has been used to purchase multiple products.
No cash or credit alternative is available.
Regular charges for shipping/handling apply.
Clear Medical may change or cancel this promotion at any time without notice prior to usage of the e-Voucher.
By placing an order using an e-Voucher, you will be deemed to have accepted and agreed to be bound by these terms and conditions.

6. Product Information and Availability Changes

Clear Medical continually updates and revises Products and Services. Clear Medical may update, revise and/or discontinue Products and/or any peripheral products as well as Services at any time. Clear Medical may revise prices for Products or Services listed as available items on Clear Medical websites at any time. A price remains valid only for the duration of the day on which the Customer visits the page of the Clear Medical website displaying that price or the day on which the Customer is informed of the price by Clear Medical (through a telephone call centre or otherwise). Clear Medical displays current Products at www.clearmedical.co.uk

In addition to Products that are localized and fitted out for your country of Order, may offer non-local Product versions (for example: offering an English version packaging, equipped with English instructions, guarantee card, instruction manual, etc. on the German Clear Medical website). Whenever you access Product information of such a non-local Product version, you will be warned and may receive detailed information. Regardless of our provided Product information, should you decide to place an Order for such a Product, your purchase will be processed under these Terms.

Clear Medical endeavours to maintain Product and Service availability. However, Product and Service availability constantly changes and different Products and Product groups or Services may have different availabilities. All acceptances of Orders are subject to the availability of the relevant Product(s) or Services. Clear Medical reserves the right to prioritise orders and to allocate limited stock between orders as it deems fit.

Any weights and measurements stated on Clear Medical websites are approximate and images may be simulated pictures.

7. Price

The prices of Products or Services are those which apply at the time of the Customer’s Order.

All Product prices displayed include VAT (or other revenue tax). Additional charges such as shipping or handling costs, transport insurance, levies or charges of any authorities, or otherwise required by applicable law may be charged in addition to the applicable Product price and will be indicated to you prior to placing the Order on the Clear Medical website or communicated to you by the call centre agent and will also be set out in the Invoice sent to you by e-mail.

8. Manner of Payment

Clear Medical accepts payment by PayPal or BACS transfer to our account. Other payment methods will be subject to Clear Medical’s prior agreement through its telephone call centre or otherwise. Payment options may vary from country to country.

9. Terms of Payment

Customer must tender payment (via PayPal or other payment means accepted by Clear Medical) in the currency as indicated in the Invoice, on or before the delivery of Products or Services unless otherwise agreed with Clear Medical. Invoicing and payment collection by Clear Medical may be effected through third parties.

Clear Medical may take payment for your Order before sending your Product. However, the taking of payment shall in no case constitute acceptance of your Offer nor the conclusion of a contract. If we are unable to deliver your Order after having taken payment, you will be reimbursed in full.

For credit card payments, the Customer must provide his or her valid credit card number and other requested details either in the relevant purchase “check-out” section of the relevant Clear Medical website or to the telephone call centre agent, when the Customer orders Products or Services. For orders placed using credit cards, Clear Medical will take payment in full within 48 hours of receipt of your order.

10. Account Information

You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Clear Medical website account details section or as requested by a Clear Medical telephone call centre agent (“Account Information”), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other Clear Medical websites. Clear Medical shall not be liable for any unauthorized use of passwords.

11. Delivery

Products or Services will be delivered or rendered to mainland delivery addresses in the United Kingdom only.

Clear Medical will use its discretion in selecting a reputable carrier and appropriate means of delivery. Clear Medical may deliver Products or Services by instalments in any sequence as far as they are reasonable for the Customer. Where Products or Services are delivered by instalments, each instalment is deemed to be the subject of a separate Contract. No default or failure by Clear Medical in respect of one or more instalments will affect the Contract in respect of Products or Services previously delivered, or undelivered Products or Services.

12. Delivery Date

Clear Medical aims to deliver promptly. However, there may be reasons for Hungarian Mud’s inability to ship according to its target dates (most of which are beyond Hungarian Mud’s control). Accordingly, any dates given by Clear Medical for the delivery of Products or rendering of Services are estimates only, and Clear Medical cannot and does not undertake that delivery will occur on any specified dates, except in the event such delivery dates have been explicitly confirmed by Clear Medical as binding.

However, you have the option of cancelling your Order at any stage prior to dispatch of your Products by Clear Medical. You may also have a right to return Products after they have been delivered (see “Your Right to Return and Returns Policy” below).

If Products cannot be delivered or Services rendered by any estimated or target dates given by Clear Medical, Clear Medical may elect to cancel the order and refund any money paid by the Customer. If the delay of delivery is not due to gross negligence or intent on Clear Medical’s side, Clear Medical is solely liable to refund any money paid by the Customer to Hungarian Mud; right for damages based on delay in such an event is excluded.

13. Title

Clear Medical retains full legal title to Products – including Orders which are financed on an instalment basis – until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. Clear Medical reserves rights (subject to applicable law) to terminate Customer’s right to sell or otherwise deal in Products, if payment is not made when due, or if the credit card company declines payment or requires Clear Medical to return any payment made for the Products, for any reason.

Title to any merchandise and/or associated entity comprising, included in or with Products remains with Clear Medical, notwithstanding payment.

14. Your Right to Return and Returns Policy

You may return purchased Products for any reason for a full refund of the Product purchase price excluding any delivery costs paid within 30 calendar days following the date you receive the Products. To exercise your right to withdraw from your Contract you must provide Clear Medical with an unequivocal statement to inform us of your decision within the above mentioned time period. The easiest way to do so is to contact us via email (info@clearmedical.co.uk) or telephone (0161 881 5672) or by submitting a withdrawal request via the “My Account” section online after having created your personal account on Clear Medical.

When you contact us you will be given a Clear Medical return reference number. Please display the Clear Medical return reference number prominently on the outside of the parcel in which the Products are returned.
Your Clear Medical invoice should be enclosed with the returned Products.

Clear Medical is permitted by law to reduce your refund to reflect any reduction in the value of the Product if you have used the Product beyond normal handling or inspection. If you return Products (1) which you have damaged or used beyond normal handling, (2) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, Clear Medical retains the right either to refuse to refund the Product purchase price (subject to applicable local law), or Clear Medical may reduce any payments to be refunded to you for the diminished value of the goods. Any delivery costs will be paid by you and will not be reimbursed.

On return of Products, Clear Medical will, subject to the above limitations, repay the actual amount paid to Clear Medical within 14 days, less any fees and charges due to Clear Medical due to the diminished value of the product, by crediting your relevant credit card or bank account (or there means) you used as a means of payment for the initial Order.

The issue by Clear Medical of a return reference number shall not constitute an acceptance or acknowledgement that you qualify for the right to return Products or obtain a refund as this will be subject to verification by Clear Medical.

You acknowledge that you may cancel purchased Products and/or Services for any reason for a full refund of the Products and/or Services purchase price actually paid within 30 calendar days following the date of the acceptance of your Order unless the Products and/or Services were completed prior to the end of the 30-day term with your express consent.

On cancelling Products and/or Services, Clear Medical will, subject to the above qualifications, repay the actual amount paid to Clear Medical, by crediting your relevant credit card or bank account (or other means) unless Clear Medical has started to perform the services as Clear Medical is entitled to reduce the refund for any part of the services supplied up to the point of your cancellation.

15. Exceptions to Right to Return

The right of return for any reason in clause 14 does not apply if you do not purchase Products or Services as a consumer. Further, you may not return a Product and claim a refund if the Product concerned is a personalised Product, such as printing or other means of individual personalisation made in accordance with your specifications.

16. Resale

Customer shall not resell Products parts, components or accessories packaged with the Products.

17. Copyright Licenses

All products, literature and packaging are under law copyright property of Clear Medical Consulting Ltd. Product packaging, literature and product may not be disassembled, decompiled, reverse engineered, merged or combined with any other product, copied, translated, adapted, varied or modified (save as expressly permitted by applicable law) nor may it be distributed in any form.

If you do not accept the terms of any applicable software license, subject to the exceptions in clause 15 above, you should return the Products within the time period set out in clause 14 above. Note: to qualify for a refund, the product must not be opened (see clause 15 above).

18. Defective Products and Product Guarantees

18.1 Defective Products

Clear Medical is under a legal duty to consumers to supply Products that are in conformity with your contract with Clear Medical.

If your Product is faulty through no fault of your own then you may be entitled to a refund or replacement of your Product. Please contact us through the section of the Clear Medical website and also refer to the section on Product Guarantees below.

If you have a complaint about the service that Clear Medical has provided then please contact us through the section on the Clear Medical website.

18.2 Product Guarantee rights

Clear Medical provides a commercial guarantee for certain Products, entitling you to a remedy (subject to the applicable guarantee terms and conditions) in the event that your Product requires servicing within the stated period of cover due to a defect of materials or workmanship (“Clear Medical Guarantee”). The guarantee documentation for Clear Medical Products, which sets out the service undertakings under the Clear Medical Guarantee, is available via the ‘Clear Medical Guarantee’ section of the Clear Medical website.

If you are purchasing a Product as a consumer you will also benefit from legal rights under EU law in relation to the sale of defective, non-conforming or misdescribed Products, for a minimum of 2 years depending on your country of purchase (national laws may give additional rights). These statutory rights apply, and you may enforce them, whether or not your product is covered by a Clear Medical Guarantee. These legal rights are not affected by anything else in these terms.

With the exception of any applicable Clear Medical Guarantee or any extended guarantees that may be offered by Clear Medical, and without limiting your ability to enforce your statutory rights, as mentioned above, Clear Medical gives no guarantees with respect to Products or Services.

19. Liability Limitation

These Terms set out the full extent of Clear Medical’s obligations and liabilities in respect of the supply of, or failure to supply, Products or Services. Clear Medical is not liable to you (or any other parties):

for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantages (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases), except in the event of damages that result from Hungarian Mud’s gross negligence or intent as well as in the event of health dangers, life dangers and bodily injuries. The liability according to the product liability law remains unaffected.
for 1) inability to order Products or Services via a Clear Medical website or other media or 2) damages that occur due to unauthorized access by a third party to your Order account.

This clause and the limitations of liability apply also to Clear Medical or the relevant Company named as the guarantor (if any), in the relevant Guarantee.

20. Data Protection and Privacy

By submitting orders you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms notified in the Clear Medical “Privacy Policy” section of the Clear Medical website or the telephone call centre ordering process; subject to the situation that these Personal Data are required to process your order and to fulfil our legal obligations.

In certain circumstances, Clear Medical may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Clear Medical it shall also be regarded as “Personal Data”.

21. Export Control

You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.

22. Changes to Terms and Conditions

Clear Medical may amend these Terms, including payment and warranty terms, without notice. Clear Medical may provide notices of changes to Clear Medical websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant Clear Medical website. Frequent review of Clear Medical websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected and Terms, including Product prices, are such which apply at the time of the Customer’s Order placement.

Although care is taken to ensure the accuracy of the information on Clear Medical websites, they could include inaccuracies or typographical errors, including pricing errors. Clear Medical shall not be obliged to honour, nor be liable in respect of, such errors, except for errors concerning characteristics and nature of the Product/Service (i.e. incorrect product specification) in which case at our discretion, we may offer you with Products or Services which fulfil or are close to the initially described Product specification (if any). Clear Medical and third party suppliers may make improvements and/or changes in Products, Services, prices and other details described in Clear Medical websites, at any time. Changes are periodically made to update Clear Medical websites.

23. Governing Law, Jurisdiction

The sale of Products and/or Services and these Terms shall be governed by and construed under the laws of the United Kingdom. For all disputes, Customers submit to the exclusive jurisdiction of the Courts of the United Kingdom. However, if you are a consumer, this does not affect your statutory rights or prevent you from submitting a dispute under the law of, and in the country where you are resident.

24. Other – General

No waiver

No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercises thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.

Circumstances beyond our reasonable control

We will make every effort to perform our obligations under these Terms. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control such as strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, we will perform our obligations as soon as reasonably possible.

Severability

If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.

25. Statutory Rights

These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.

If you have any questions or queries, please do not hesitate to contact us.