WEBSITE TERMS & CONDITIONS

1.1 Our Site is owned and operated by Viveca Biomed Limited, a company registered in England and Wales (company number 10707038).

2.1  Access to Our Site is free of charge.

2.2  It is your responsibility to make whatever arrangements are necessary for you to access Our Site.

2.3  Access to Our Site is provided on an “as is” and “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time without notice. We do not guarantee that Our Site will always be available or that access will be uninterrupted, error-free, or free of viruses. Where we suspend or discontinue Our Site, we will try to give you reasonable advance notice where practicable.

2.4  Our Site is intended for users in the United Kingdom. We do not warrant that Our Site or its Content are available in, or suitable for use in or comply with legislation in other locations.

3.1  We may alter, update or remove content from Our Site at any time. Where we make significant changes, we will endeavour to give you reasonable notice.

3.2  We may update these Terms and Conditions at any time. Details of any changes will be noted at the top of this page along with the updated review date. Your continued use of Our Site after any changes constitutes your acceptance of the revised Terms and Conditions. We therefore recommend you check this page each time you use Our Site.

3.3  If any current version of these Terms and Conditions conflicts with any previous version, the current version shall prevail.

4.1  All Content included on Our Site – including but not limited to text, images, video, audio, software, databases, logos, trademarks and product information — belongs to or has been licensed by Viveca Biomed Limited unless specifically labelled otherwise. All such Content is protected by applicable United Kingdom and international intellectual property laws.

4.2  You may access, view and use Our Site in a web browser, and may download Our Site (or any part of it) for caching purposes only (as occurs automatically).

4.3   Unless you are a registered healthcare professional who have provided your details to us. You may print one copy and download extracts of any page from Our Site for your own personal, non-commercial use only. You may not modify any such copies or extracts. Images, video or other Content downloaded from Our Site must not be used separately from the text that accompanies them.

4.4  You must not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a written licence from us (or our licensors, as applicable). This does not prevent the normal access, viewing and use of Our Site for general information purposes by business users.

4.5  Our status as the author and owner of the Content on Our Site (or that of identified licensors) must always be acknowledged.

4.6  Nothing in these Terms and Conditions limits or excludes your rights under Chapter III of the Copyright, Designs and Patents Act 1988 in relation to permitted acts (including non-commercial research, private study, criticism, review, and reporting current events).

5.1  You may not undertake, enable, permit or facilitate any form of web scraping, text mining, data mining or automated data extraction on or in connection with any part of Our Site.

5.2  You may not use any part of Our Site, or any data, content or information appearing on Our Site, for the purposes of developing, training, fine-tuning or improving any artificial intelligence model, system, tool or application – whether commercial or non-commercial.

5.3  This prohibition covers all methods of automated access, including but not limited to:

• Any bot, robot, scraper, spider, crawler or other automated system or software used to access, copy, index or republish any data or Content from Our Site;
• Any automated technique designed to analyse digital text or data to generate information or to develop or train AI models or systems;
• Any use of large language models, generative AI tools or similar technologies to process, reproduce or summarise Our Content at scale.

5.4  The prohibitions in clauses 5.1 to 5.3 apply to the fullest extent permissible by law.

Links to Our Site
6.1  You may link to any page on Our Site provided that the link is fair, lawful and does not damage or take unfair advantage of our reputation.

6.2  You must not link to Our Site in a manner that suggests any association with, or endorsement or approval by, Viveca Biomed Limited where none exists.

6.3  Links to Our Site must not use any logo or trade mark displayed on Our Site without our express written permission. This does not prohibit link previews automatically generated by social media platforms or other services.

6.4  You must not frame or embed Our Site (or any part of it) within another website without our express written permission.

6.5  You may not link to Our Site from any website whose main content is unlawful, obscene, offensive, defamatory, discriminatory, or that promotes violence, hatred, terrorism or infringement of intellectual property rights.
Links from Our Site
6.6  Our Site contains links to third-party websites for information purposes only. We do not control those websites and accept no responsibility or liability for their content, products, services or practices. The inclusion of a link does not constitute our endorsement of that website or its owner.

6.7  We recommend you review the privacy policy and terms and conditions of any third-party website before providing personal data or making any purchase.

7.1  Nothing on Our Site constitutes professional medical, legal or financial advice on which you should rely. All Content is provided for general information only. You should always seek independent professional advice before taking any action based on information published on Our Site.

7.2  In particular, information about Contrelle Activgard on Our Site is provided for general guidance and does not replace advice from a qualified healthcare professional. We recommend you consult your GP, physiotherapist, continence nurse or pharmacist before using our products.

7.3  We make reasonable efforts to ensure that the Content on Our Site is complete, accurate and up to date, but we make no warranties or representations that this will always be the case. Medical information can change rapidly and whilst we endeavour to keep Our Site current, information may change before it is updated here.

7.4  If you are a business user, we exclude all implied representations, warranties, conditions and other terms that may apply to Our Site and its Content to the fullest extent permitted by law.

8.1  Nothing in these Terms and Conditions excludes or restricts our liability for: fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; or any other liability that cannot lawfully be excluded or restricted.

8.2  Subject to clause 8.1, if you are a consumer, we shall have no liability to you for any business losses (including loss of profit, revenue, contracts or anticipated savings).

8.3  If you are a business user, to the fullest extent permissible by law we accept no liability – whether in contract, tort (including negligence), breach of statutory duty or otherwise for any: loss of profit, revenue, business or goodwill; loss of anticipated savings; business interruption; or indirect or consequential loss, in each case arising out of or in connection with your use of (or inability to use) Our Site or reliance on its Content.

8.4  If you are a consumer and digital content from Our Site damages your device or other digital content, and that damage is caused by our failure to use reasonable skill and care, we will compensate you or repair the damage.

8.5  We exercise reasonable skill and care to keep Our Site secure and free from viruses, but we do not guarantee this. You are responsible for protecting your own hardware, software and data from viruses and internet security risks.

9.1  You must not deliberately introduce viruses, trojans, worms, logic bombs or any other malicious or technologically harmful material to or via Our Site.

9.2  You must not attempt to gain unauthorised access to Our Site, its servers, databases or any system or network connected to Our Site.

9.3  You must not attack Our Site by means of a denial of service attack, distributed denial of service attack, or any other means.

9.4  Breaches of clauses 9.1 to 9.3 may constitute criminal offences under the Computer Misuse Act 1990. Any such breach will be reported to the relevant law enforcement authorities and we will cooperate fully, including by disclosing your identity. Your right to use Our Site will cease immediately upon any such breach.

10.1  You may only use Our Site in a lawful manner. In particular, you must:

• Comply fully with all applicable local, national and international laws and regulations;
• Not use Our Site in any way that is unlawful, fraudulent or harmful;
• Not knowingly transmit any data or upload any material that contains viruses, malware or any other code designed to adversely affect computer hardware, software or data.

10.2  If you fail to comply with clause 10.1, we may take any of the following actions as we deem appropriate:

• Suspend or terminate your right to use Our Site;
• Issue you with a written warning;
• Take legal proceedings against you for reimbursement of costs resulting from your breach, on an indemnity basis;
• Take further legal action against you as appropriate;
• Disclose information about you to law enforcement authorities as required or as we reasonably consider necessary.

10.3  We exclude all liability arising from any actions we take in response to a breach of this clause 10.

11.1  If we hold your contact details, we may from time to time send you important notices by email relating to changes to Our Site, these Terms and Conditions, or our products and services.

11.2  Where you have purchased Goods from us, we may send you marketing emails about the products and services from Viveca Biomed Limited. We do this on the basis of the “soft opt-in” under Regulation 22 of the Privacy and Electronic Communications Regulations 2003 (PECR). At the point of purchase you will be given a clear opportunity to opt out of receiving such emails. You may also opt out at any time thereafter by clicking the unsubscribe link in any marketing email from us, or by contacting us at info@contrelle.com. We aim to process all opt-out requests within 5 working days. We will not send marketing emails to new contacts or to persons who have opted out without obtaining separate, explicit consent.

11.3  For questions or complaints about communications from us, please contact us using the details in clause 1 above

12.1  Part A of these Terms and Conditions and any dispute arising out of your use of Our Site shall be governed by and construed in accordance with the law of England and Wales.

12.2  If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in clause 12.1 affects your rights as a consumer under applicable law.

12.3  If you are a consumer, any dispute arising out of these Terms and Conditions shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.

12.4  If you are a business user, any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Part B sets out the terms that apply when you purchase Goods from us through Our Site or by telephone.

In Part B of these Terms and Conditions the following definitions apply:

14.1  You can place orders with us online through Our Site or by telephone on 0330 229 2160.

14.2  When you place an order online, you are making an offer to purchase. A legally binding Contract comes into existence only when we send you an order confirmation to the email address you have provided. We ask that you review that confirmation carefully – only Goods listed in the dispatch confirmation email will be included in the Contract.

14.3  When you place a telephone order, you are making an offer to purchase which, if accepted by us, will result in a binding Contract. Any payment will be refunded to you if your order is subsequently refused.

14.4  We may reject an order for reasons including (but not limited to): product availability; pricing or description errors; inability to meet your required delivery schedule; or suspected fraud.

14.5  We will assign an order number to your order. Please quote this in all correspondence with us about that order.

14.6  The Goods sold through Our Site and by telephone are not for resale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this condition.

14.7  Product images on Our Site are for illustrative purposes only. Colours may appear differently on different devices.

14.8 We will only supply orders to a United Kingdom delivery address. Our site should not be attempted to be used for orders outside the United Kingdom.

15.1  If you wish to change your order before it has been dispatched, please contact us on 0330 229 2160 or at info@contrelle.com as soon as possible. We will advise whether the change is possible and whether it will affect the price or delivery timescale.

15.2  If we cannot make the requested change, or if the consequences are unacceptable to you, you may cancel your order at no cost.

15.3  We may make minor changes to a Product: (a) to reflect changes in applicable laws or regulatory requirements; or (b) to implement minor technical adjustments and improvements. We will endeavour to notify you in advance of any change that may affect your use of the Product.

15.4  If we make a significant change to the Product or these terms we will notify you before the change takes effect. You may then choose to end the Contract and receive a full refund for Product not yet received.

16.1  Contrelle Activgard is a Class IIa medical device which conforms with the Essential Requirements of the Medical Devices Directive 93/42/EEC (as amended by Directive 2007/47/EC). It is designed and manufactured by Viveca Biomed Limited under a quality system meeting ISO 13485:2016 and the Medical Devices Directive 93/42/EEC. Contrelle Activgard holds CE marking.

16.2  The Notified Body responsible for approving the manufacturing quality assurance system is (No. 1282) ENTE Certificazione Macchine SRL (ECM), Via Ca’ Bella, 243/A, loc. Castello di Serravalle, 40053 Valsamoggia (BO), Italy.

16.3  CS Life Sciences Europe Ltd, 3 Inns Quay, Dublin 7, Ireland is appointed as Viveca Biomed Limited’s Authorised Representative within the European Union.

16.4  GMDN Code: 61853.  EUDAMED Registration No.: SRN GB-MF-000012584.

16.5  As a manufacturer of a Class IIa medical device, we are required to maintain procedures for identifying and tracing each unit, lot or batch of Contrelle Activgard, and to control units that do not conform to specified requirements. We may recall non-conforming units at any time where required by law or at our discretion.

16.6  If we identify non-conforming products requiring recall, we will contact you and request the return of affected Products at the earliest opportunity. All costs of return will be borne by us. We will provide a full refund or, at your request, a replacement, including all original delivery costs.

17.1  We will endeavour to dispatch orders within 5 working days of acceptance. We may offer to deliver Products within up to 14 days from the date of order acceptance. Please allow an extra 3 working days during public holidays.

17.2  An estimated delivery date will be provided when we confirm your order. If no specific date is agreed, we will deliver your Goods within 30 days of order confirmation in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

17.3  If delivery is delayed by an event outside our control (including but not limited to strikes, severe weather, or carrier delays), we will contact you promptly. If there is a risk of substantial delay, you may contact us to end the Contract and receive a full refund for any Goods paid for but not received.

17.4  If no one is available to accept delivery, our delivery partner will follow its standard missed-delivery procedure, which will normally include leaving a notification with instructions on next steps.

17.5  If, despite reasonable efforts by us or our delivery partner, we are unable to contact you to re-arrange delivery, we may end the Contract.

17.6  You assume risk for the Goods once they have been delivered to the address specified in your order. We accept no liability where you have provided an incorrect or incomplete delivery address.

17.7  We offer a range of delivery options at various charges. Delivery charges for each service will be clearly displayed at checkout. Higher-value orders may have delivery charges waived at our discretion.

17.8  We may delay dispatch if: (a) payment has not been made; (b) we suspect the order to be fraudulent; (c) we need to deal with technical issues; or (d) we need to update the Product to reflect legal or regulatory changes. If an amended delivery date does not meet your requirements, you may end the Contract and receive a full refund.

17.9  We currently deliver within the United Kingdom only. Customers in the Republic of Ireland may place orders through our partner Premier Wellbeing (premierWellbeing.ie), which is a separate entity with its own terms and conditions.

18.1  If a Product is faulty, damaged on receipt, or not as described, you may return it to us. We will pay all return postage costs. Please contact us on 0330 229 2160 or info@contrelle.com to obtain a returns reference, returns form and pre-paid shipping label.

18.2  We will investigate all returns reported as faulty or not as described and will keep you informed of progress. Where we find the Product to be faulty or not as described, we will provide a full refund including any delivery charges.

18.3  Under the Consumer Rights Act 2015, Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of a Product your legal rights are as follows:

• From the day you receive the Goods you have a 30-calendar-day right to reject them and receive a full refund if they do not conform.
• If you do not reject within 30 days, or that period has expired, you may request a repair or replacement. We will bear all postage costs. If repair or replacement is not possible or is disproportionate, you may be entitled to a price reduction or full refund.
• If you request a replacement during the 30-day rejection period, that period is suspended while we arrange the replacement and resumes on the day you receive it. If fewer than 7 days remain, that time is extended to 7 days.

18.4  You will not be eligible to claim under clause 18.3 if: (a) you caused the problem through misuse or damage; (b) you used the Goods for an unsuitable, non-obvious purpose and the problem results from that use; or (c) you have simply changed your mind (see clause 19 for cancellation rights), (d)you have opened the pack and broken the tamper seal.

18.5  Nothing in these Terms and Conditions affects your statutory rights as a consumer. For full details please refer to Citizens Advice (www.citizensadvice.org.uk) or call 0808 223 1133.

Cancellation by you due to our breach
19.1  You may end the Contract immediately and receive a full refund for Goods not yet provided if we: (a) notify you of a significant change you do not agree to; (b) notify you of a pricing error and you do not wish to proceed; (c) face a significant delay in supply outside our control; (d) suspend supply for technical reasons for more than 30 days; or (e) are otherwise in breach of the Contract.
Your 14-day right to cancel
19.2  Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order within 14 calendar days from the day you (or a nominated third party) take physical possession of the Goods. You do not need to give a reason. To exercise this right, you must notify us by a clear statement (by email to info@contrelle.com or by post to our registered address) before the cancellation period expires.

19.3  To obtain a returns reference, contact our customer services team on 0330 229 2160 or info@contrelle.com. A Returns Form quoting this reference must accompany any returned Goods. Returns must be sent within 14 days of notifying us of cancellation. You will be responsible for the cost of return postage when exercising the right to cancel.

19.4  The right to cancel does not apply where Goods are sealed for health protection or hygiene purposes and the seal has been broken after delivery. Contrelle Activgard is such a product: once the tamper-evident seal has been broken, the right to cancel under Regulation 28 of the Consumer Contracts Regulations 2013 is lost. This does not affect your rights in respect of faulty or misdescribed Goods under clause 18.
How we will refund you
19.5  Where a refund is due, we will refund the price paid for the Product and (in the case of faulty Goods) any delivery charges incurred. Refunds will be made within 14 days of: (i) our receipt of the returned Goods; or (ii) completion of our investigation into a fault; or (iii) the day you provide evidence of having returned the Goods (whichever is earlier). Refunds will be processed by the same payment method you used to purchase.

19.6  We will not be able to refund where packaging or the tamper-evident seals have been damaged other than by normal examination. Please ensure returned Goods are securely packaged to prevent damage in transit.

20.1  We may end the Contract at any time if: (a) you fail to make payment when due; (b) you fail to provide information necessary for us to supply the Goods within a reasonable time of us requesting it; or (c) you fail to allow our delivery partner to deliver the Goods within a reasonable time.

21.1  The price of Goods will be the price displayed on Our Site at the time you place your order. The price charged will be confirmed on your Order Confirmation and Invoice. We may change prices from time to time, but changes will not affect orders already placed.

21.2  All prices displayed on Our Site are inclusive of any applicable VAT. Delivery charges are shown separately at checkout. HMRC currently classifies the supply of Contrelle Activgard to eligible customers at the zero-rate of VAT due to its specific design as a product purchasable only by females suffering from incontinence; no eligibility declaration is required from you. This VAT treatment is subject to change and we will update pricing accordingly.

21.3  If you are purchasing for business use or resale, please contact our customer services team as VAT will be chargeable at standard rates.

21.4  If the rate of VAT changes between your order date and the date of supply, we will adjust the VAT payable, unless you have paid in full before the change takes effect.

21.5  Payment is normally required before Goods are dispatched, unless otherwise agreed. Where you elect to pay by instalment plan (which may have additional terms), you will not become the legal owner of the Product until payment has been made in full.

21.6  If we mistakenly accept an order at a price that contains an obvious and unmistakeable pricing error that you could reasonably have recognised, we have the right to cancel the Contract, refund any sums paid, and require you to return the affected Goods.

21.7  By providing payment details you confirm that: (a) you have the legal right to use the payment method provided; and (b) all information supplied is true, correct and complete.

Consumers
22.1  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 breach or our failure to use reasonable skill and care. We are not responsible for loss or damage that was not foreseeable.

22.2  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 that of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; and breach of your legal rights in relation to the Goods.

22.3  We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or resale purpose, our liability to you will be limited as set out in clause 22.4.
Business users
22.4  Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

22.5  Subject to clause 22.4, we shall not be liable to you (whether in contract, tort, breach of statutory duty or otherwise) for any loss of profit, or any indirect or consequential loss arising in connection with any Contract.

22.6  Subject to clauses 22.4 and 22.5, our total liability to you for all losses arising under or in connection with any Contract shall not exceed the total fees paid by you for the Goods under that Contract.

23.1  We may transfer our rights and obligations under these Terms and Conditions to another organisation. If we do so, we will ensure your rights under these terms are not affected.

23.2  You may only transfer your rights or obligations under these terms to another person with our prior written agreement.

23.3  This Contract is between you and us. No other person has any rights to enforce any of its terms (Contracts (Rights of Third Parties) Act 1999 notwithstanding).

23.4  Each clause of these Terms and Conditions operates separately. If any court or authority finds any clause to be unlawful, the remaining clauses will continue in full force and effect.

23.5  If we do not immediately enforce any right we have under these Terms and Conditions, or if we delay in taking steps against you in respect of a breach, this will not prevent us from taking steps against you at a later date.

23.6  These Terms and Conditions, together with any order confirmation, constitute the entire agreement between us in relation to your purchase. You confirm that you have not relied on any statement, promise, representation or warranty not set out in these Terms and Conditions.

24.1  If you have a complaint about your order or any Goods, please contact us in the first instance at info@contrelle.com or on 0330 229 2160. We will acknowledge your complaint promptly and aim to resolve it within 14 working days.

24.2  We are not currently subscribed to an approved alternative dispute resolution (ADR) scheme. If you are not satisfied with our response, you may refer your dispute to the courts or to any applicable ADR scheme of which we notify you in the future.

24.3  The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. This does not affect your right to pursue the matter through the courts.

25.1  Part B of these Terms and Conditions and any Contract between us shall be governed by and construed in accordance with the law of England and Wales.

25.2  Nothing in these terms affects your rights as a consumer under applicable UK law.

25.3  If you are a consumer resident in Scotland or Northern Ireland, you may bring legal proceedings in the Scottish, Northern Irish or English courts.

25.4  If you are a business user, any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

26.1  We process your personal data in accordance with our Privacy Policy, available at contrelle.com/privacy-policy. Our Cookie Policy is available at the same address.

26.2  We are registered with the UK Information Commissioner’s Office. We will only use your personal data as described in our Privacy Policy and in accordance with the UK GDPR and the Data Protection Act 2018.