Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the product (Products) listed on: www.recoverymuscle.com

Please read these terms and conditions carefully and click on the button marked “I Accept” before ordering any Products from our site.

You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

All sales are subject to the terms and conditions set out herein and any additional or different terms proposed by you are hereby objected to and shall be of no effect, unless accepted in writing by us.

You should print a copy of these terms and conditions for future reference.

PRECAUTIONS AND WARNINGS

  • Do not use if patient has cardiac pacemaker, implanted defibrillator, or electronic device.
  • Do not use when pain syndromes are undiagnosed.
  • Do not apply over the neck; across the chest; over open wounds or rashes, or over swollen, red, infected, or inflamed areas or skin eruptions; over or in proximity to cancerous lesions; in the presence of electronic monitoring equipment (e.g., cardiac monitors, ECG alarms); when in the bath or shower; while driving, operating machinery, or during any activity in which electrical stimulation can put patient at risk of injury.
  • Consult with the patient’s physician before using a stimulation device because it may cause lethal rhythm disturbances to the heart in susceptible individuals
  • Apply stimulation only to normal, intact, clean, healthy skin.

INFORMATION ABOUT US

Recovery Muscle Limited is registered in the United Kingdom under company number 10961879.

YOUR STATUS

By placing an order through our site, you warrant that:

  • You are legally capable of entering into binding contracts;
  • You are at least 18 years old.
  • You are resident in one of the Serviced Countries; and
  • You are accessing our site from that country.

DEFINITIONS

In these conditions:

“The Company” means Recovery Muscle Limited.
“The Buyer” means the person, firm or company entering into the contract with the company.
“The Conditions” means the conditions herein contained relating to the sale of the goods.
”The contract” means the contract between the Company and the Buyer, created upon acceptance of the Buyer’s order.
“The Goods” means the goods supplied hereunder in accordance with the order.
“The Order” means the order placed by the buyer, based on the Company’s quotation.
“The Quotation” means the quotation provided by the Company to the Buyer.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch 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 Dispatch Confirmation.

CONSUMER RIGHTS

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy subject to prompt return by you of the Products in question. Your refund will be issued upon receipt of the returned order in our warehouse.

To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition and packaging in which you received them, and at your own cost and risk.

Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Failure by us to deliver the Products within the agreed time period shall not amount to a breach of contract by us and you shall not be entitled to damages or other compensation or to cancel any contract by reason of such failure to deliver. Where technical or other queries requiring your approval cause the processing of the Product to be delayed, the delivery time is automatically extended by the time taken to answer such queries.

RISK AND TITLE

Risk in goods passes on delivery. Title in the goods will not pass to the Buyer until payment in full of the invoice. Where the Buyer sells goods on to a third party title will pass immediately before the goods are delivered to such third party.

PRICE AND PAYMENT

All prices shall be payable in the currency quoted. The price of any Products will be as quoted on our site, except in cases of obvious error. These prices include VAT but exclude delivery costs, where relevant.

All prices quoted are subject to alteration or withdrawal from time to time without notice, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

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 of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.

[If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.] We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

DESCRIPTION OF PRODUCTS

All Products are supplied subject to reasonable availability to us of suitable materials and we reserve the right, with notice, to substitute suitable materials.

All drawings, specifications, brochures, catalogues, labels, price lists and advertising matter are intended merely to present a general idea of the goods or services provided by us and are not intended thereby to constitute a sale by description nor shall they form part of any contract.

All drawings and specifications are and shall remain our property and must not be copied, reproduced or divulged either directly or indirectly to any other person without our prior written consent.

FAULTY GOODS WITHIN 30 DAYS

If there is a fault with your product you may return the product within 30 days of delivery for repair, replacement or refund. Please email our Customer Care department support@recoverymuscle.com to arrange a return.

Goods must be received within 14 days of the RMA number being issued. Customers are responsible for the delivery costs of returning goods. Any return found not to be defective or with faults caused by accident, neglect or misuse will incur a return freight charge.

When an item is to be replaced or refunded the goods must be in original packaging, and with all original boxes, packing materials, manuals, blank warranty cards and all other accessories and documentation provided by the manufacturer. Goods must be adequately packed and the RMA number clearly displayed without marking the original packaging.

Our promise to replace products or refund your money does not apply to faulty goods where the fault has been caused by accident, neglect or misuse.

FAULTY GOODS MORE THAN 30 DAYS

All products carry a twelve month manufacturer warranty and in some specific cases more. Once your product is more than 30 days old (but within the manufacturer warranty) we will, in conjunction with the manufacturer, repair or replace it free of charge.

It is solely at the discretion of Recovery Muscle Ltd as to whether a repair or replacement is provided. Please email our Customer Care Department info@recoverymuscle.com stating the reason for return, your order number, and request an RM number. This does not apply:
To faults caused by accident, neglect or misuse.
If you return the product to us without proof of purchase.

COMPLAINTS AND REFUNDS

Where a complaint has been made in accordance with the provisions of this clause and we agree that the goods are faulty due to defective workmanship, we shall at our option either:

  • repair the goods; or
  • when the defective goods have been returned deliver replacement goods, or
  • cancel the agreement forthwith.

In agreeing to take such action, we shall specify whether the cost of such action shall be borne by us or by you or partly by us and partly by you. For the purpose of paragraph 9.1, time shall be deemed to be of the essence. Products returned by you within the seven-day cooling-off period (see paragraph 4.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

RENTER HIRE UNIT LIABILITY

The Renter is liable for:
a) any loss of, or damage to, the unit controller and its accessories;
b) any consequential damage, loss or costs incurred by the Company, including controller costs, loss of ability to re-hire and loss of revenue.

Through the placing and completion of your rental order, you hereby agree to return all serviceable items (namely Kneehab XP Controller, Kneehab XP Charger, MediStim XP Controller, MediTens XP Controller) in complete working order, with no casing, cabling or accessory defect. Damages incurred to units outside of that reasonably addressed as fair wear will incur charges up to the cost of a full unit replacement. Notice of unit defects registered upon order receipt should be recorded in writing with Recovery Muscle Ltd no later than TWO working days from the date of your units delivery.

OUR LIABILITY

We warrant to you that any Product purchased from us through our site is of merchantable quality and will comply with specifications in accompanying documentation and will be free from defects in design, materials and workmanship for a period of one year from the date of delivery to you.

Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.

In the case of Products purchased by customers in the Republic of Ireland, the exemptions from the provisions of Sections 13, 14 and 15 of the Sale of Goods Act (as inserted by Section 10 of the Sale of Goods and Supply of Services Act 1980 (“the 1980 Act “) contained in this Clause shall, in all cases other than a contract for the international sale of goods (as defined in the 1980 Act) be subject to the restrictions on such exemptions contained in Section 55(4) of the 1893 Act (as inserted by Section 22 of the 1980 Act).

In the case of Products purchased by customers in the United Kingdom, this Clause does not include or limit in any way our liability;

  • For death or personal injury caused by our negligence;
  • Under section 2(3) of the Consumer Protection Act 1987;
  • For fraud or fraudulent misrepresentation;
  • For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

IMPORT DUTY

If you order Products from our site for delivery outside the European Union, 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.

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.

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 e-mail or provide you with information by posting notices on our website. 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.

NOTICES

All notices given by you to us must be given to Recovery Muscle Ltd, 214-224 Broomhill Road, Bristol, BS4 5RG, UK. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

TERMINATION

Without prejudice to any other remedies the Company may have against the Buyer. The Company may terminate the contract on notice to Buyer, upon the Buyer becoming bankrupt or insolvent or upon a resolution to wind up the Buyer being passed or a receiver, administrative receiver or administrator being appointed and shall be entitled to take possession of all goods supplied and unpaid for, in accordance with the paragraph above entitled Risk and Property.

TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns. 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. 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.

FORCE MAJEURE

The company shall be entitled to cancel the contract or reduce the quantity of goods to be provided if it is prevented from providing the goods through any circumstances beyond it’s reasonable control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising therefrom.

SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).