Terms and Conditions


The website www.yesnurse.co.uk (Site) is owned and operated by Better Health Limited (we, us or our), email address info@yesnurse.co.uk. Please read these terms and conditions and our privacy policy carefully. They set out the terms on which you, or the company firm or organisation on whose behalf you are acting, may access and order products through the Site (Terms). You should print a copy of these Terms for future reference.

1. Interpretation

Contract

the contract between you and us for the supply of Products in accordance with these Terms;

Data 

the data that you input for the purpose of registering with the Site and/or submitting an Order;  

Intellectual Property Rights

patents, trademarks, service marks, design rights, copyright, know-how, rights in databases, domain names and all other intellectual property rights (whether registered or not) and all applications to register any of the same and all other similar rights or obligations whether registerable or not in any country;

Order

your order for Products submitted to us by you through the Site at the commencement of the Trial Period and as subsequently maintained and updated by you thereafter in accordance with these Terms;

Order Confirmation

the written confirmation issued by us to you (whether electronically or otherwise) confirming receipt of your order for the Products or any update to it made in accordance with these Terms; 

Price

the price for the Products as determined in accordance with clause 8;

Product

Yes Nurse hand cream and supplementary skin care products;

Renewal Period

as defined in clause 13.1; 

Sample Product

the sample product supplied to you free of charge following your registration in accordance with clause 8.3;

Terms 

these terms, as amended from time to time in accordance with clause [22]; and

Trial Period

the period of [30] days following receipt by you of the Sample Product in accordance with clause 9.

1.2 Clause, schedule and paragraph headings shall not affect the interpretation of these Terms. 1.3 A person includes an individual, corporate or unincorporated body (whether or not having
separate legal personality). 1.4 A reference to a statute or statutory provision is a reference to it as it is in force for the time
being, taking account of any amendment, extension, or re-enactment and includes any
subordinate legislation for the time being in force made under it. 1.5 Words in the singular shall include the plural and vice versa.

2. Your Status We do not accept Orders from addresses outside the United Kingdom and Eire. By placing an Order through the Site, you warrant that:

2.1 you are legally capable of entering into binding contracts; 2.2 you are at least 18 years old; 2.3 any individual placing the Order is authorised to do so on your behalf; and 2.4 you are accessing our site from within the United Kingdom and Eire.

3. Basis of Contract

3.1 These Terms apply to the Contract to the exclusion of any other terms that you may seek to
impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 3.2 The Order constitutes an offer by you to purchase Products in accordance with these Terms and you shall ensure that the terms of the Order are complete and accurate. All Orders are subject to acceptance by us, and we will confirm such acceptance by sending you an Order
Confirmation. 3.3 The Contract will relate only to those Products whose dispatch we have confirmed in the
Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

4. The Site

4.1 Subject to you complying with these Terms, we grant to you a non-exclusive, non-transferable right to access and use our Site for the purposes of updating your Product quantity requirements online.
4.2 We shall use commercially reasonable endeavours to make our Site available 24 hours a day, seven days a week, except for:
4.2.1 planned maintenance carried out during normal business hours; and
4.2.2 unscheduled maintenance. 4.3 We shall have no liability if for any reason our Site is unavailable for any time or for any
period. 4.4 We reserve the right to withdraw, restrict or amend access to our Site without notice. 4.5 Where the Site contains links to other sites and resources provided by third parties, these
links are provided for your information only. We have no control over the content of such sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
4.6 If you choose, or are otherwise provided with, a user identification code, password or any other piece of information in order to facilitate your registration with our Site, you agree to treat such information as confidential and shall not disclose it to any third party. We reserve the right to disclose any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with these Terms.
4.7 You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.
4.8 You may request and we may agree through the Site, at any point but no less than 7 days prior to the first day of any Renewal Period, to update the quantity of Products to be supplied and/or alter the duration of the Renewal Period provided always that if the parties fail to agree the terms of such variation, then the Product quantity shall remain as it was in the preceding Renewal Period and either Party may terminate the Contract in accordance with clause 13 of these Terms.
4.9 If in accordance with clause 4.8 above, we and you agree to update the quantity of Products and/or the duration of the Renewal Period, we shall issue an updated Order Confirmation to you in respect of such updates and any such revised Order Confirmation shall be the Order Confirmation for the purpose of these Terms and the Contract.
4.10 You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in the Site. Nothing in these Terms shall grant you ownership of any such Intellectual Property Rights, or any other rights or licences in respect of the Site.

5. Consumer Rights

5.1 If you are contracting as a consumer, you may cancel the Contract at any time within seven working days, beginning on the day after you received the Sample Product.
5.2 The Product may deteriorate rapidly once opened or unsealed and by its nature cannot be returned. Therefore you will not have any right to return any Products which have been unsealed or opened by you.
5.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other rights as a consumer under law.

6. Availability and Delivery

6.1 Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within [30 days] of the date of the Order Confirmation, unless there are exceptional circumstances.
6.2 We reserve the right to subcontract any and all aspects of fulfilment of your Order to a third party.

7. Risk and Title

Risk and title in the Products shall pass to you at the time of delivery.

8. Price and Payment

8.1 The Price and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error. You are responsible for payment of delivery charges.
8.2 The Price does not include VAT unless otherwise indicated on our Site. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.3 On placing an Order on our Site, receiving an Order Confirmation from us and providing us with valid, up to date and complete credit or debit card details, you will receive your Sample Product for you to trial for the duration of the Trial Period.
8.4 By placing your Order on our Site, receiving an Order Confirmation from us and accepting the Sample Product, you hereby authorise us to bill such credit or debit card, on expiry of the Trial Period, the Price payable in respect of the forthcoming Renewal Period (as defined in clause 13.1) and on or after the first day of each subsequent Renewal Period thereafter, subject to earlier termination.
8.5 No fees or charges are payable in respect of the Sample Product or the Trial Period. You are only eligible to receive one Sample Product and any subsequent attempts to obtain a further Sample Product or Trial Period may be refused by us.
8.6 If we have not received payment of the Price by the due date (as set out in clause 8.4) for whatever reason, and without affecting any other rights and remedies we may have, we may without liability to you suspend supply of the Products and we shall be under no obligation to provide any or all of the Products whilst the Price (or part thereof) concerned remains unpaid.
8.7 You agree that processing of your payment transaction may be subcontracted by us to an appropriate payment processor or from time to time.
8.8 Product Prices and delivery charges are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you an Order Confirmation.
8.9 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify Prices as part of our dispatch procedures so that, where a Product's correct Price is less than our stated Price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct Price is higher than the Price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your Order and notify you that we are rejecting it.
8.10 If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) Price.
8.11 Payment for all Products must be by credit or debit card via our third party payment process. We accept payment with all major card providers compatible with Paypal UK.

9. Our Refunds Policy

9.1 If you return a Product to us:
9.1.1
9.1.2 (where it is the Sample Product) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), you will be responsible for the cost of returning the Sample Product to us. for instance, because you have notified us in accordance with clause 20 that you do not agree to a change in these Terms 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, including any applicable delivery charges and any reasonable costs you incur in returning the item to us. These are the only circumstances in which we will reimburse costs incurred by you on returning the Product to us.
9.2 We will refund any money received from you using the same method originally used by you to pay for your purchase.

10. Warranty

10.1 We warrant to you that any Product purchased from us through our Site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10.2 The Products are intended for domestic use by healthcare professionals and are not intended for any other use (including, but not limited to, use on hospital premises or other healthcare facilities or for patients of such premises and/or facilities). Accordingly, we offer no warranty in respect of the fitness for purpose of the Product for such improper use.

11. Our Liability

11.1 Subject to clause 11.3, if we fail to comply with these Terms and you are purchasing as a non- consumer, we shall only be liable to you for the purchase price of the Products.
11.2 Subject to clause 11.3, we will not be liable for losses that result from your failure to comply with these Terms (including but not limited to clause 10) that fall into the following categories even if such losses result from our deliberate breach:
11.2.1 11.2.2 11.2.3 11.2.4 11.2.5 However, this clause 11.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 11.2.1 to 11.2.5 inclusive of this clause 11.2.
11.3 Nothing in this Agreement excludes or limits our liability for: 11.3.1 death or personal injury caused by our negligence;
loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or loss of data.
11.3.2 11.3.3
11.3.4 11.3.5
fraud or fraudulent misrepresentation; any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

12. Import Duty

12.1 If you order Products from our Site for delivery to Eire, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your Order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

13. Term and Termination

13.1 Each Contract shall, unless otherwise terminated as provide in this clause 13.1 or elsewhere in these Terms, commence on the date on which we issue the Order Confirmation and shall continue for the Trial Period, following which the Contract shall be automatically renewed for successive periods of either one calendar month or two calendar weeks (to be determined by you on submission of your order) (each a Renewal Period), unless:
13.1.1 13.1.2
you notify us in writing prior to the end of the Trial Period of termination; either of us notifies the other in writing of termination at least 7 days before the end of any Renewal Period, in which case the Contract shall terminate upon the expiry of the applicable Renewal Period; or otherwise terminated in accordance with these Terms.
13.1.3 13.2 Either you or we may terminate a Contract immediately on written notice to the other if:
13.2.1 the other commits a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within a period of 7 days after being notified in writing to do so;
13.2.2
13.2.3
the other suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; the other suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
13.3 Notwithstanding clause 13.2, we may also terminate the Contract immediately on written notice to you if you fail to pay any sum due to us in respect of the Products on its due date.
13.4 On termination of the Contract for any reason: 13.4.1 (where you are purchasing as a non-consumer only) no refund will be due to you in
respect of the Price (or any part) for the then current Renewal Period; and 13.4.2 the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving
termination, shall not be affected.

14. 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 or provide you with information by posting notices on our Site. 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.

15. Notices

All notices given by you to us must be given to Yes Nurse at Citywall, Citygate, St James Boulevard, Newcastle Upon Tyne, NE1 4JH. 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 12.2 above. 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 email, that such email was sent to the specified email address of the addressee.

16. Transfer of Rights and Obligations

16.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 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.
16.3 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.

17. Events Outside Our Control

17.1 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).
17.2 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:
17.2.1 17.2.2
17.2.3 17.2.4
17.2.5 17.2.6 17.2.7
strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
17.3 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.

18. Waiver

18.1 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, 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. 18.2 A waiver by us of any default will not constitute a waiver of any subsequent default. 18.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a
waiver and is communicated to you in writing in accordance with clause 15 above.

19. Severability

If any court or competent authority decides that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

20. Entire Agreement

20.1 These Terms 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.
20.2 We each acknowledge that, in entering into the Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
20.3 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.
20.4 Nothing in this clause limits or excludes any liability for fraud.

21. Variation

21.1 We have the right to revise and amend these Terms 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.
21.2 You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms 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 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, unless you notify us to the contrary within seven working days of receipt by you
of the Products).

22. 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.

23. Third Party Rights

A person who is not party to these Terms or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

24.  Liability for Content
The content of our website has been reviewed with great care. However, we cannot take responsibility for the accuracy, completeness or current nature of the content. As a service provider, we are responsible for our own content on these pages. However, we are not obliged, to monitor or research information transferred or stored by third parties. In this respect, liability arises only from the point at which a specific violation of the law is identified. As soon as such violations of the law are known to us, any questionable content will be immediately removed.

25.  Liability for Links
Our website includes links to the websites of third parties, the content of which we have no influence over. As a result, we can also not guarantee the nature of this third party content. The respective provider or operator of the site is in all cases responsible for the content of linked pages. The linked pages were checked at the point of linking for any possible breaches of the law. No such violations of the law could be identified at the point of linking. Ongoing monitoring of linked pages is not reasonable, however, without a concrete indication of a violation of the law. As soon as such violations of the law are known to us, these links will be immediately removed.

According to Article 14 paragraph 1 ODR-VO, we inform you that you can reach the Internet platform for the online resolution of consumer disputes via the following link: http://ec.europa.eu/consumers/odr