Terms and Conditions

PHYSIO & WELLNESS / TENSCARESA:  TERMS & CONDITIONS OF BUSINESS

These terms and conditions regulate the business relationship between you and us.

GLOSSARY

In this agreement please note the following glossary definitions:

  • BUYER
    • Any person or business who purchases goods from PHYSIO & WELLNESS / TENSCARESA
  • CARRIER
    • Any person or business contracted by us to carry / delivery goods on our behalf
  • CONTENT
    • Any material in any form, published by us in hard copy or on our website
  • GOODS
    • Physical items we offer for sale
  • INCOTERM
    • Defined commercial terms published by the Chamber of Commerce and is used in importation and exportation classifications
  • PARTIES
    • Buyer and Seller
  • SELLER
    • PHYSIO & WELLNESS / TENSCARESA
  • GENDER
    • Reference to one gender refers to all genders

INTERPRETATION

  1. Reference to a person is a reference to one or more individuals.
  2. Singular refers to plural and visa versa.
  3. These terms and conditions apply to all supplies of goods and services by us to any customer.
  4. In this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of business dealings with us.
  5. These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and use of our services.
  6. You acknowledge and accept that we rely on our suppliers to deliver the products to us, therefor, although we will endeavour to deliver your order timeously and in full, there may be occasions where we cannot, for reasons beyond our control.
  7. We reserve the right to change the products and services we offer for sale without prior notification.
  8. We reserve the right to change prices of our products and services without prior notification.
  9. Goods remain our property until fully paid for, yet risk of goods passes to you on dispatch of goods.
  10. We may decline to supply the goods at any time before being despatched.
  11. If you use the PHYSIO & WELLNESS / TENSCARESA website, in any way and place an order on behalf of another person / business / legal entity, you warrant that you have full authority to do so.
  12. When ordering goods or services from us you accept that, except insofar as they are varied in writing by a director of PHYSIO & WELLNESS, / TENSCARESA these express Terms and Conditions will apply and prevail, if applicable, over your terms, conditions and stipulations.

PURCHASING AND PAYMENTS

  1. On receipt of your order, check that the correct item and quantity has been supplied as per your order. No discrepancies will be accepted after 7 days from date of delivery. Goods will be deemed correct and you are then bound to pay for same.
  2. Should you hire goods from us, or take goods on the standard 28 days from date of invoice Trial Evaluation, the goods are your responsibility while On Hire to, or being evaluated by you.  For goods not returned on due date, or agreed upon extended date, or returned damaged or not retuned at all, you will be billed for the full price of the gods, less any Hire Deposit that may have been made by you.
  3. We are, by law, required to charge VAT at the applicable rate at the time of sale.
  4. Refunds will be considered under the following conditions:
    1. Reservation of goods cancelled prior to being dispatched, any prepayment may then be refunded in full.
    2. Once hired goods have been dispatched, no refund will be made on the hire charge, albeit that the goods were not used.
    3. Any payments received for Evaluation Trial goods will be refunded in full on condition that the goods are returned before or on the Evaluation Trial expiry date, excluding postage or delivery / collection costs.
    4. Unopened, sealed consumables may be considered for full refund if returned.
    5. The goods will be supplied to the best of our ability in perfect working order ready for use. All rental units are tested immediately prior to dispatch. However, the liability of PHYSIO & WELLNESS / TENSCARESA shall not exceed the hire charge.
    6. The success of our products are neither guaranteed nor implied.
  5. All prices are quoted VAT inclusive unless otherwise indicated.
  6. Payment of an invoice for purchased goods is payable 30 days from date of invoice, unless otherwise agreed to in writing.
  7. Payment for Trial Evaluation goods are payable on the expiry of the trial evaluation period.
  8. Maximum interest, in accordance with the Consumer Act, will be charged on any late payments, without prejudice to any other remedy we may have.
  9. Goods are guaranteed for two years, unless otherwise stated.
  10. Goods not paid on time and in full are only guaranteed for 3 months.
  11. If you are a Mail Order Customer, your credit card will be debited at the point of order.
  12. If you are ordering goods on a trial evaluation period, only the deposit will be debited to your credit card at the time of dispatch. The remainder will be debited if you advise the trial was satisfactory.  Should you find the trial evaluation period unsatisfactory, upon return of the goods in good working order, your deposit or prepayment may be refunded in full (see15 above).
  13. You accept that you are responsible for:
    1. The cost of returning any goods to us.
    2. For any damage or loss of goods. Returning items by mail must be registered and insured.
  14. You agree that you will not copy any of our products, nor use them as ideas for your own products, nor will you derive commercial gain from any of our products, their designs, aspects, features, part and/or property, regardless of whether or not they are protected by patents, registered designs, copyrights or trademarks, except with our written permission.
  15. You agree that you will not hire out our products and stimulators or resell them through a distribution channel
  16. We do not permit our stimulators to be used with lead wires and/or electrodes supplied by third parties even if CE approved, and you agree not to use third party accessories.

AGREEMENT

  1. A failure on our part at any time to not enforce one or more of the above Terms and Conditions shall not be a waiver of our right to enforce such Terms and Conditions at a later stage.
  2. All matters arising out of the business relationship between the parties shall be construed according to the prevailing South African laws at the applicable time.
  3. The parties agree to the jurisdiction of the South African Courts.
  4. PHYSIO & WELLNESS / TENSCARESA choose the above address as their domicillum et exutandi. The buyer agrees to the jurisdiction of the prevailing court for this region.
  5. This agreement contains the entire agreement between the parties and supersedes all previous agreements. No changes will be accepted unless reduced to writing and signed in full by both parties.