Terms and Conditions
General Terms and Conditions of Sale
Effective for sales that occur on or after 6 June 2021
Last Update: June 06, 2021 / V1.2
Article I. Information about us, and how to contact us
Welcome to www.uk.eXciteOSA.com or to the eXciteOSA App.
We are Signifier Medical Technologies Limited, a company registered in England and Wales. Our company registration number is 09455560 and our registered office is at 55 Baker Street, London W1U 7EU, United Kingdom. Our VAT number is 234 756 886.
You can contact us by telephoning our customer service team at +44 (0)20 7096 0586 or by writing to us at email@example.com.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Article II. Our contract with you
These General Terms and Conditions of Sale (“Terms”) are the terms on which we make available our website located at www.uk.eXciteOSA.com and all associated sites and mobile applications (together, the “Site”), our services and our eXciteOSA device (“Device”), including – unless otherwise stated – any software embedded in the Device. We refer to the Site, the Device, associated digital content and our related services below as our “Products”.
Please read these Terms carefully before ordering or using our Products. 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.
These Terms apply to Consumers only. If you wish to purchase our Products in the course of your trade, business or profession, our business to business terms will apply. We reserve the right to reject your order if you attempt to order as a consumer and we reasonably believe that you are acting in the course of business.
We may make changes to these Terms from time to time. If we do, we will put a notice on our website giving you as much notice as possible. Sales of our Products are governed by the version of the Terms in force at the time of order.
We will not supply Products to you if you or we end the Agreement in accordance with these Terms. In that case, we will issue you with a full refund in relation to any Products you have paid for but not yet received.
Article III. Orders
Your order is accepted by us when we email you to accept it. At that point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources or those of our logistics service providers which we could not reasonably plan for, because we have identified an error in the price or description of the Product, because we do not deliver to your requested location, or because we are unable to meet a delivery deadline you have specified. The countries where Products are available are indicated on the Site.
We will assign an order number to your order and we will inform you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We will not make any changes to the Products you have ordered without good reason. Good reasons for us to make changes include: for our digital content, that we have released an updated version with additional security or functionality; and for the Device, that legal or regulatory requirements have changed. If we need to make any other changes, we will contact you to confirm that you are happy with the changes. If you are not, you can cancel the Agreement and we will offer you a full refund of any amounts you have paid for Products that you will not then receive.
We may withdraw any Product. If we are going to stop providing a Product that we have agreed to provide on an ongoing basis, we will let you know at least 30 days in advance, and will refund any sums you have paid in advance for Products which will not be provided. If we are going to stop providing a Product that is a one-off purchase, such as the Device, our withdrawal of the Product will not affect any contracts already agreed with you.
Article IV. Pricing and Payment
Our prices are listed in pounds Sterling and include VAT and all other applicable taxes. Delivery charges depend on the delivery location and method of shipment, and will be displayed during the order process.
We only accept the payment methods indicated on the Site. When requested by our payment services provider, you must provide current, complete and accurate billing and payment information, and we will not be able to accept your order if any of the payment details you provide to the payment services provider are wrong. If the issuer of your credit card or your payment provider charges you a transaction fee, commission on currency exchange, or another charge relating to your order, you will be responsible for paying it.
We do not ship Products unless we have received payment first. If you do miss any regular payment for our Products, we will contact you to remind you to make payment, and we may restrict use of the Products until payment is made. If we have to take any legal action to recover any amount you owe to us, you must pay our costs of collection, including lawyers’ or debt recovery agents’ fees.
The useful life of your mouthpiece is 90 calendar days. After this time your mouthpiece will be deactivated, and you will need to purchase a replacement mouthpiece to continue utilising the Device.
If you purchase your replacement mouthpiece through a monthly subscription and the subscription is cancelled, your mouthpiece will be deactivated at the end of the period for which you have paid.
From time to time we may make available discount codes or other reduced-price offers. When we do, these promotions will be governed by specific terms and conditions but, unless otherwise stated, only one discount can be applied to any order, and no individual customer may redeem more than one voucher or other offer per promotion.
Article V. Delivery
Device: we will deliver the device to you in accordance with any information provided to you during the order process. If no information on delivery was provided during the order process, we will deliver the Device to you as soon as reasonably possible and in any event within 30 working days after the day on which we accept your order, subject to stock availability. You will be notified accordingly.
App: we will send you a verification code to activate the app, which is available at any time for download by you as soon as we accept your order and receive your payment.
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 impact 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 Agreement and receive a refund for any Products you have paid for but not received.
If the delivery address is outside the United Kingdom, you may have to pay import duties or other customs charges. You will be responsible for any such charges.
Article VI. Return, Refund and Warranty Policy
You can always end your Agreement with us. Your rights when you end the Agreement will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Agreement.
Right to change your mind
We offer a 30-day trial period during which you may return the Device to us and get a refund if you do not like it. For more information on that, see the section below headed “Our discretionary money-back guarantee”.
However, in addition, under the Consumer Contracts Regulations 2013, you have a time-limited legal right to change your mind and receive a refund of the price you paid for the Device.
Your legal right to change your mind ends at the end of the 14-day period starting the day after delivery of the Device, or, if earlier, when you break the hygiene seal on the Device.
If you want to exercise your right to change your mind, you can use the cancellation form available on our website at https://uk.exciteosa.com/cancellation-form/, contact us directly at firstname.lastname@example.org. You can also let us know using the contact details set out in Article 1 above, or by any other clear method of communication, including our in-app chat function.
If you are changing your mind about our Device, you must return it to us at Signifier Medical Technologies, 5-17 Hammersmith Grove, Hammersmith, W6 0LG. We will refund the price you paid, including basic delivery charges (though not any additional costs for premium delivery), using the same payment method as you used to pay us. We will make the refund within 14 days from the day on which we receive the Device back from you or, if earlier, the day on which you provide us with evidence that you have sent the Device back to us.
Our discretionary money-back guarantee
Your legal right to return the Products, including the Device, under the Consumer Contracts Regulations 2013, is set out above. That legal right ends when you break the hygiene seal on the Device. However, we want to help you try the Device and see if it works for you. We therefore offer an additional money-back guarantee which you can use at any time in the first 30 days starting the day after delivery of the Device, as long as you have tested it out properly. This additional money-back guarantee does not affect your legal rights to return an unwanted product within 14 days (see “Right to change your mind”, above) or in relation to a faulty or incorrect product (see “If the Product is faulty”, below).
The terms of our additional money-back guarantee are as follows:
- It is only available to the original purchaser of the Device.
- You must use the Device in accordance with the instructions.
- You must let us know by sending an email to email@example.com that you want to return the Device, no later than the 30th day starting the day after delivery of the Device.
- You must return the Device to us, at your own expense and in its original packaging, to Signifier Medical Technologies, 5-17 Hammersmith Grove, Hammersmith, W6 0LG, to be received by us within the 14 days starting the day after you email us saying that you want to return the Device.
- Provided your application for a refund complies with the conditions above, we will refund the original purchase price.
If the Product is faulty or misdescribed
We have a legal duty to provide goods in conformance with the Agreement with you. If a Product is faulty or misdescribed, you may have a legal right to end the Agreement, to have the Product repaired or replaced, or to get some or all of your money back.
If you believe a Product is not in conformance with the Agreement, or is faulty or not as we described it, please let us know using the contact details set out in Article 1 above, or by any other clear method of communication, including our in-app chat function.
Discretionary product warranty
In addition to your legal rights if a product is faulty or misdescribed (see “If the Product is faulty or misdescribed” above), we provide a manufacturer’s warranty to you confirming that the Product will be free from defects in its material, components and workmanship for a period of 3 months for the Mouthpiece and 1 year for the Control Unit, in both cases from the date of purchase.
This warranty does not cover normal “wear and tear” that would occur with normal usage, or damage resulting from any misuse or abuse of the Product, such as dropping or immersing the Control Unit in water or other liquid, or tampering with the Control Unit.
To make a warranty claim, please let us know using the contact details set out in Article 1 above, or by any other clear method of communication, including our in-app chat function. valid warranty claims after acceptance of the claim by us, you may return the Product to us. You must return the defective Mouthpiece or Control Unit to us, at your own expense and in its original packaging, to [address], to be received by us within the 14 days starting the day after you contact us saying that you want to claim under the warranty. Provided your application for a refund complies with the conditions above, we will refund the original purchase price.
This warranty does not affect your legal rights referred to at “If the Product is faulty or misdescribed”, above.
Article VII. Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not responsible to you for other types of loss and/or damage. In particular, we are not responsible for any loss or damage that: (a) is not foreseeable, (b) is caused by your misuse or careless use of the Products, (c) would have been avoided if you had followed the instructions in our online user manual at https://uk.exciteosa.com/wp-content/uploads/2021/06/IM1899-eXciteOSA-IFU-v8.pdf, (d) is caused by any attempted repair, refurbishment or modification to the Device not done by us, (e) comprises the normal wear of consumable parts, or other normal wear and tear and cosmetic damage, unless occurring due to a defect in materials or workmanship, (f) is caused by use of incompatible third party accessories such as cables or incompatible third-party applications downloaded to the Device, (g) is caused by using the Device outside the permitted or intended uses described by us, or (h) is caused by use of our Products with third party products unless such use was specifically directed or approved by us.
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, including the right to receive Products which are as described, match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, fit for any particular purpose made known to us, and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses under these Terms. As set out above, these terms only apply to Products supplied to consumers, for domestic and private use. If you use the Products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Article VIII. Klarna
We have partnered with Klarna UK to make flexible payments available to you when you order the Products. Your payment will be split into equal payments over periods from 6 months up to 36 months which are collected every 30 days. There is no additional interest or fees above those that are disclosed and charged by Klarna. You must be aged 18 or over. T&Cs apply. Please see our FAQs for more details.
You can find further information and Klarna’s user terms here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.]
Signifier owns valuable intellectual property in the Site and the Products and various features of them, such as content, product designs, logos, trade marks, text, data, formatting, graphs, graphics, user interfaces, visual interfaces, photographs, artwork and computer code, HTML, “look and feel,” software layout, music, sounds, images, software, videos, designs, typefaces and other content. This intellectual property is owned by or licensed to Signifier and by buying our Products you do not obtain any rights to use it except to the extent necessary to use the Products for their intended purpose. You must not copy, adapt, retransmit or reverse engineer the Products or anything else from the Site or the Products without Signifier’s express prior written consent.
Article IX. Data Ownership and Privacy
You shall have all rights, title or interest to any personally identifiable data, property or information collected by Signifier on behalf of you in connection with its performance under the Agreement, including without limitation any data transmitted from the Products to the mobile application and Signifier’s data storage facilities; provided, however, that nothing contained herein shall affect Signifier’s rights, title or interest to any de-identified data, property or information generated, compiled or analysed by Signifier in connection with its performance under the Agreement, including without limitation any analyses or reports of aggregated data.
Article X. Profile, Password, Security
You are responsible for (a) maintaining the confidentiality of any user ID, password or any other confidential information relating to your profile; and (b) all activities that occur under your password or profile. If anyone else learns your profile access details, or you suspect any unauthorised use of your password or profile, you must contact Signifier as soon as possible. Signifier is not responsible for any loss or damage you suffer as a result of someone using contact details obtained from you to access your profile up to the time you alert us.
When placing your order and dealing with us, information you provide about yourself must be accurate, not misleading and complete, and you must update us promptly with any changes to that information. We are not responsible for any loss or damage you suffer as a result of providing incorrect information, or failing to update information, such as being unable to access your profile.
Article XI. No Medical Advice
Signifier does not give medical advice or diagnoses, and you must not rely on information provided by Signifier to you as such. You should consult a doctor if you have a medical emergency or questions about a medical condition. We do not exclude liability for death or injury caused by our negligence, but otherwise we are not responsible for the consequences of your decision to rely on any information you obtain in connection with your use of the Products for medical purposes, which is at your sole discretion and risk. Signifier does not promise any particular results, regardless of whether you follow all the recommendations contained in the instructions for the use of the Products.
Article XII. Governing Law; Venue
This Agreement is governed by English law and you can bring legal proceedings in respect of the Products or the Agreement in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products or the Agreement in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products or the Agreement in either the Northern Irish or the English courts. If you live anywhere else, you can only bring legal proceedings in respect of the Products or the Agreement in the English courts.
Article XIII. Severability
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Article XIV. No Waiver
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 breaking this Agreement, 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 request payment again but we continue to provide the Products, we can still require you to make the payment at a later date.
Article XV. Transfer of the Agreement
We may transfer our rights and obligations under this Agreement 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.
You need our consent to transfer your rights under this Agreement 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. We may not agree if we reasonably believe that the person to whom you intend to transfer the Agreement will not be able to pay our fees or may misuse our Products or breach this Agreement.
Article XVI. Third Party Rights
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.