1. THESE TERMS
1.1 What these terms cover.
These terms and conditions govern the sale of products where you are purchasing the products from us.
1.2 Why you should read them.
Please read these terms carefully before you submit your 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.
1.3 Minimum age:
You must be aged 18 or over to purchase products from us under these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Animas UK & Ireland, a division of the company Johnson & Johnson Medical Limited, a company registered in Scotland. Our company registration number is SC 132162 and our registered office is at PO Box 1988, Kirkton Campus, Livingston, West Lothian, EH54 0AB, Scotland. Our registered VAT number is GB592926302.
2.2 How to contact us.
You can contact us by telephoning our customer service team at 0800 055 6606 in the UK or 1800 812 715 in Ireland or by writing to us at animasUK@its.jnj.com and Animas UK & Ireland, 50–100 Holmers Farm Way, High Wycombe, HP12 4DP.
2.3 How we may contact you.
2.4 Definition of “Writing”
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
When you place:
a) a telephone order we will accept your order when we confirm verbally that we will process your order;
b) an online order we will accept your order when confirmation is displayed to you on our website;
at which point a contract will come into existence between you and us. Acceptance of orders is subject to you providing us with your full details (see clause 6.8).
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or because you have not provided us with the relevant information (see clause 6.8).
3.3 Your order number.
We may provide you with an order number to your order. If so, it will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK and Ireland.
Our website is solely for the promotion of our products in the UK and Ireland. Unfortunately, we do not accept telephone or online orders from or deliver to addresses outside the UK or Ireland.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures.
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.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the products.
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
If we do make changes to the product, 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.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs.
Where costs of delivery apply, this will be as displayed to you on our website, or communicated to you on the telephone, at the time of placing your order.
6.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you. Delivery dates are estimates only but we will use reasonable efforts to (i) meet the agreed delivery date and (ii) to deliver the products no later than 30 days from the conclusion of the contract..
6.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we 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, but 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.
6.4 If you are not at home when the product is delivered.
We will require a signature from you on delivery of the product. If no one is available at your address to take delivery, a delivery note will be left at the address you gave us confirming whether we have left the product with a neighbour or whether it has been returned to a collection point of the courier.
6.5 If you do not collect the product.
If you do not collect the products from the collection point within 10 days, the product will be returned to us and we will contact you to re-arrange delivery. We reserve the right to charge you reasonable costs for re-delivery of the product. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract (see clause 10.1).
6.6 When you become responsible for the products.
A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from the collection point indicated on the delivery note.
6.7 When you own the products.
You own a product once we have received payment in full.
6.8 What will happen if you do not give required information to us.
We will need certain information from you (for example, where you wish to place an order for a medical device) so that we can supply the products to you, such as your forename and surname, delivery address, details of the hospital where you receive diabetes care, details of your GP and the serial number of your insulin pump. We will ask for this information when you register with us or during the order process. If you do not give us this information, or if you give us incomplete or incorrect information, we may not be able to validate and approve your registration or accept future orders. We will not be responsible for supplying the products late or not supplying all or any part of them if this is caused by you not giving us the correct and complete information we need during the registration or order process. You are also responsible for informing us of any changes to your information, which you can do by contacting the customer services team at 0800 055 6606 in the UK or 1800 812 715 in Ireland or by writing to us at animasUK@its.jnj.com and Animas UK & Ireland, 50–100 Holmers Farm Way, High Wycombe, HP12 4DP, UK.
6.9 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product due to:
(a) having to deal with technical problems or make minor technical changes;
(b) having to update the product to reflect changes in relevant laws and regulatory requirements.
6.10 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 When you can end your contract with us.
Your rights when you end the contract will depend on the type of product you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to the type of product you have bought, see clause 7.5, and you may have to pay the costs of returning the product to us.
7.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.1);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013 (for UK residents) or European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (for residents of Ireland)).
For most products bought online or on the telephone you have a legal right to change your mind within 14 days and receive a refund. How these rights, under the Consumer Contracts Regulations 2013 (for UK residents) or European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (for residents of Ireland), apply to the products we supply is explained below.
7.4 How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered. Unless the exceptions in clause 7.5 apply:
a) You have 14 days after the day you (or someone you nominate) receives the products, or
b) Your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the product.
7.5 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been opened and unsealed after you receive them;;
(b) digital products after you have started to download or stream these; and
(c) any products which become mixed inseparably with other items after their delivery.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract.
If you choose to end the contract you can contact us or use the Sample Cancellation Form. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0800 055 6606 in the UK or 1800 812 715 in Ireland or email us at animasUK@its.jnj.com. Please provide your full name, address, details of the order (including your order number (where applicable)) and, where available, your telephone number and email address.
(b) By post. Write to us at Animas UK & Ireland, Customer Service, 50-100 Holmers Farm Way, High Wycombe, HP12 4DP, UK, including details of what you bought, when you ordered or received it, your order number (where applicable), your full name and address.
9. RETURNS AND REFUNDS
9.1 Returning products.
If you end the contract for any reason after products have been dispatched to you, or where you are entitled (see clause 7) to change your mind after you have received the products, you must return them to us (see clauses 9.3 and 9.8). Please call customer services on 0800 055 6606 in the UK or 1800 812 715 in Ireland or email us at animasUK@its.jnj.com to inform us of your wish to return the products and we will confirm how and where to post them back to us. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract (see clause 8).
9.2 When we will pay the costs of return.
We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you will be required to pay the costs of return.
9.3 What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the reasonable direct cost to us for arranging collection by courier, which will be dependent on your location, the product collected and timelines for collection, such charges will be communicated to you at the time collection is arranged.
9.4 How we will refund you.
We will refund you all payments, including any payment for delivery, received from you. However, if you have opted for express delivery, we will only reimburse you to an amount charged for standard delivery.
9.5 How we will refund you.
We will refund you all payments, including any payment for delivery, received from you. However, if you have opted for express delivery, we will only reimburse you to an amount charged for standard delivery.
9.6 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind where you have already received the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.6. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind where you have already received the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.8. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9.8 How to return a product to us.
When you wish to return a product to us you must telephone our customer service team at 0800 055 6606 in the UK or 1800 812 715 in Ireland, choosing option 1, and advise us that you want to return a product. Depending on the product we will either:
(a) send you a pre-paid envelope: you must return the product to us within 10 days of receiving the pre-paid envelope; or
(b) arrange a date and time with you for a courier to collect the product.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address (clause 6.8); or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know in advance and within a reasonable period of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems.
How to tell us about problems. If you have any questions or complaints about the product you can telephone our Animas technical support team at 0800 055 6606 in the UK or 1800 812 715 in Ireland (selecting the option for ‘technical assistance’), or write to us at animasUK@its.jnj.com or Animas UK & Ireland, Customer Service, 50-100 Holmers Farm Way, High Wycombe, HP12 4DP, UK. We will endeavour to respond to you within 2 business days. If you have any other questions or complaints of a general nature you can telephone our customer service team at the above telephone numbers (selecting the option for ‘ordering’), or write to us at the above email or postal address. For any disputes which arise in relation to these terms, you can also submit your dispute via the European Commission’s Online Dispute Resolution (ODR) platform.
11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06 (in the UK) or visit the Citizens Information website at www.citizensinformation.ie or call 0761 07 4000 (in Ireland).
For UK residents, the Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. For residents in Ireland, the Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services Act 1980) requires that products must be as described, fit for their intended purpose and of merchantable quality. See also ‘Exercising your right to change your mind’ in clause 7.3 above.
11.3 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you may be required to post them back to us. We will pay the costs of postage or collection. Please call customer services on 0800 055 6606 in the UK or 1800 812 715 in Ireland or email us at animasUK@its.jnj.com to inform us of your wish to reject the product and we will confirm how to return it (where applicable).
12. PRODUCTS SUPPLIED WITH ADDITIONAL WARRANTY
12.1 Additional Warranty
Some of our products, for example insulin pumps, will have an additional warranty, details of which can be found on our website. This warranty will apply in addition to these terms and conditions.
13. PRICE AND PAYMENT
13.1 Where to find the price for the product.
The price of the product (which includes any applicable VAT) will be the price indicated on the website order pages or confirmed to you on the telephone when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we notice a pricing error whilst we are processing your order and the correct price of the product is:
(a) lower than the price stated to you, we will charge you the lower price;
(b) higher than the price we stated to you, we will contact you for your instructions before we accept your order, however you will be entitled to end the contract should you not wish to pay the higher price.
13.4 When you must pay and how you must pay.
You must pay for the products before we dispatch them. We accept payment with Mastercard, Mastercard Debit, Maestro, Visa Card, Visa Delta and Visa Electron.
13.5 What to do if you think an invoice is wrong.
In circumstances where you receive an invoice and you think it is wrong please contact us promptly to let us know by contacting the customer services team at 0800 055 6606 in the UK or 1800 812 715 in Ireland or by writing to us at animasUK@its.jnj.com and Animas UK & Ireland, 50–100 Holmers Farm Way, High Wycombe, HP12 4DP, UK, and we will not charge you interest until we have resolved the issue.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 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 to the extent permitted by applicable law we are not responsible for any loss or damage that is not foreseeable and/or for any indirect, special, consequential, reliance or incidental loss or damage, whether arising in contract, statute, tort (including negligence) or otherwise. 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.
14.2 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 products as summarised at clause 11.2 or otherwise applicable to you; and for defective products to the extent that it is not permitted to exclude or limit liability for defective products under the Consumer Protection Act 1987 (for UK residents) or Liability for Defective Products Act 1991 (for residents of Ireland).
14.3 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 re-sale purpose we will, to the extent permitted by applicable law, have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, whether arising in contract, statute, tort (including negligence) or otherwise.
14.4 Extent permitted by applicable law.
To the extent permitted by applicable law and subject to clauses 14.1 and 14.2, we hereby disclaim and exclude our liability for all other matters relating to these terms and the products, whether arising in contract, statute, tort (including negligence) or otherwise.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information.
We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the registration or order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting the customer services team at 0800 055 6606 in the UK or 1800 812 715 in Ireland or by writing to us at animasUK@its.jnj.com, or Animas UK & Ireland, 50–100 Holmers Farm Way, High Wycombe, HP12 4DP, UK; and
OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, such unlawful paragraph(s) shall be deemed to be severed from these terms and, the remaining paragraphs will remain in full force and effect..
16.4 Even if we delay in enforcing this contract, we can still enforce it later.
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 breach of this contract or if we otherwise delay in exercising our rights under these terms or applicable law, 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. For example, if you miss a payment and we do not pursue you for payment at that time, but we continue to provide the products, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings.
If you live in England 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 these terms are governed by Scottish law and you can bring legal proceedings in respect of the products in either the Scottish courts. If you live in Northern Ireland these terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts. If you live in Ireland these terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.
Model Cancellation Form
(If you wish to use this sample cancellation form, complete and return it to us only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*].
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Download an electronic version of the above form