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Sales and Refund Policy

1. About these Terms and Conditions

1.1 In these terms and conditions "we" and "us" mean Firstkind Limited (“Firstkind”), and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

1.2 Firstkind reserves the right, in its sole discretion, to limit order quantity and to refuse or cancel orders.

 

2. Placing Your Order

2.1 To place an Order you must be 18 years of age or over, with no cardiac pacemaker fitted and must not have a recently diagnosed DVT (Deep Vein Thrombosis)

2.2 You may place an Order, according to 2.2.1, by processing your Order on the firefly™ website after logging into or creating your personal account and clicking on the appropriate submission button; or 2.2.2 telephoning us on 0845 2222 620 (national phone rate) between 09.00 and 17.00 Mondays to Fridays; or 2.2.3 sending a hard copy Order by post to Firstkind Ltd, Hawk House, Peregrine Business Park, Gomm Road, High Wycombe, Buckinghamshire, HP13 7DL. 2.3 When you place your Order, we will issue you with an Order confirmation number. We will do this via the firefly™ store website and when you order by telephone. Please note that such an Order number is supplied for reference purposes only and does not constitute our acceptance of your Order.

2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.

2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or post.

2.6 Whilst we will make every effort to supply you with the Products listed on the Order confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the firefly™ Website. In such circumstances we will contact you to inform you and may suggest an alternative Product or pack size that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. In the event of a typographical error or technological error causing a mistake in price to be shown, Firstkind reserves the right to correct the error and to charge you the correct price. Before it does so, Firstkind will notify you of the mistake and will offer you the opportunity of a full refund. You will receive a notification with or prior to your delivery. Subject to clause 9.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.

2.7 Information contained in our advertising, brochures, other written materials, on our website or given to you by our agents, distributors or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.

 

3. Supply of Your Products

Subject to these terms and conditions, we will supply to you the Products indicated on your Order confirmation.

 

4. Prices

4.1 The price for the Products will be the price indicated on your Invoice.

4.2 VAT is payable by you at the applicable rate as indicated on your Invoice.

4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.

 

5. Paying for Your Products

5.1 You may pay for your Products by the methods of instant payment displayed on the firefly™ Website and by invoice on 30 day credit terms, if a registered business.

5.2 You must pay in the currency as indicated on your Invoice.

5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the manufacture of your Products neither will we supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.

5.4 If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.

5.5 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order.

5.6 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

 

6. Delivery of Your Products

6.1 Orders will be accepted from and Product will be delivered into the following EU countries where Firstkind comply with CE mark conformity to EU legislation: UK, Ireland, France, Belgium, Luxembourg, Germany, Austria, Switzerland, and Finland. Orders from recognised professional bodies fall outside of this clause. We work with Distributors and Agents in Australia, New Zealand and Canada to provide products and services to you. Please contact the Distributors and Agents listed on the firefly™ Website, direct, to place Orders and to make enquiries.

6.2 Subject to clause 6.1 we will deliver your Products to the delivery address as shown on your Order Confirmation.

6.3 If your order involves build time, estimated Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times. Actual Product build times may take longer than the estimated days from the confirmation of your Order, and if your Order involves build time, you agree that Firstkind may take more than the estimated days to complete your Order. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your Order at any time prior to delivery of the Product ordered by calling us on 0845 2222 621 and quoting your Order confirmation number.

6.4 Title to and risk of loss in your Products will pass to you on delivery of the Products to the address stated in your Order confirmation.

6.5 Upon delivery of the Products to our carrier we will send you a shipment tracking reference by e-mail provided you have indicated an e-mail address on your Order.

6.6 Certain items may ship by post and cannot be tracked once they have entered the postal system.

 

7. Your Rights to Withdraw from the Contract and to Return Faulty Products or Products which are not in Conformity

7.1 Right to withdraw from the contract. If you are not satisfied with any Product you have purchased from us, you may return the Product to us and obtain a refund of the price of the returned Product if you contact us within 14 Calendar Days of delivery of the Product.

7.2 Exceptions to the right to withdraw from the contract are Personalized product with an engraving/branding made in accordance with your specifications.

7.3 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please telephone us on 0845 2222 621 between 09.00 and 17.00 Monday and quote the Product Lot Number printed on the adhesive label that is fixed to the Product foil pouch, or the outer zipped locked polybag, or the outer carton. You will then be provided with a Return Form and Return Address Label. (ii) Firstkind will arrange for large consignments to be collected by a nominated Firstkind carrier. For large consignments you will be contacted in advance to arrange for a suitable collection time and collection place. (iii) Before returning any Product(s) to Firstkind please check that you have: 1. Received a Returns Form and Returns Address Label (issued on request for small consignments). 2. Enclose the Returns Form supplied inside the package. 3. Use if possible all packaging that was originally supplied. Unless damaged while being opened, the original Product packaging is most suitable for use for Product returns, and unless damaged while the Product was opened, this packaging should be used. Firstkind reserves the right to reject a returned Product that was damaged because it was improperly packaged during the returns process. 4. Ensure the Address Label is clearly displayed: FAO RO Dept. Firskind Ltd, Hawk House, Peregrine Business Park, High Wycombe, Buckinghamshire, HP13 7DL. 5. Seal the packaging securely. (iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Should you fail to follow this procedure and should the condition of the Product(s) received by Firstkind show that you failed to discharge your obligations to take reasonable care of the Products, your refund will be reduced.

7.4 Faulty products or products which are not in conformity. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement in accordance with paragraph 10 below, please telephone us on 0845 2222 621 between 09.00 and 17.00 Monday to Friday and quote the Product Lot Number printed on the adhesive label that is fixed to the Product foil pouch, or the outer zipped locked polybag, or the outer carton.

 

8. Telephone Support

8.1 At the time you place your Order we will at no additional cost provide a telephone customer support service. There is no limit to the duration of this support from the date of Product purchase (the date of your Invoice).

8.2 The telephone support service shall consist of telephone advice and guidance relative only to the firefly™ device and its associated usability issues and in accordance to its CE Mark and non-medical claims for the accelerated removal of metabolic waste to speed up leg muscle recovery and reduce DOMS (delayed onset muscle soreness) within 24 hours following strenuous exercise in a healthy individual.

8.3 The telephone support service is available between 09:00 and 17.00 Monday to Friday. The telephone number for the telephone support service will be supplied in your Order confirmation email. It is also published on the Contact Us page on the firefly™ Website. You will bear the cost of telephone calls you make to us at your national rate.

8.4 In providing telephone support, we will attempt to resolve your query when you first call us. We cannot guarantee resolution of your queries. On occasions we may need to return your call in order to suggest a resolution.

 

9. Our Liability

9.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support).

9.2 There are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.

9.3 Firstkind cannot be held responsible for returns we do not receive.

9.4 In cases where consumers claim financial compensation under statute, Firstkind will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 9.5 and 9.6 shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

9.5 Subject to clause 9.4 we will not be liable under the Contract for any loss of income or for any indirect or consequential loss of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

9.6 Subject to clause 9.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.

9.7 If you are a consumer, you may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizens advice organisations. No provisions of clause 11 affect your statutory rights as a consumer. In addition, this clause does not affect your right to return the Products as per clause 7.

9.8 Firstkind does not necessarily endorse and is not responsible for the accuracy of any remarks, opinions, comments, suggestions and other information expressed or included in user comments and posts on our social media pages.

 

10. Contacting Firstkind

You can contact us:

  • by telephone on 0845 2222 620 (Orders) and 0845 2222 621 (Enquiries) between 09.00 and 17.00 Mondays to Fridays;
  • by email at firefly.support@firstkindmedial.com
  • by post at Firstkind Ltd, Hawk House, Peregrine Business Park, Gomm Road, High Wycombe, Buckinghamshire, HP13 7DL

When contacting us you must quote your Order number.

 

11. Export Control

Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals, and (iii) not to export Produce to countries outside of the firefly™ CE Mark conformity. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.

 

12. Data Protection

We not store credit or debit card details and we do not share personal information with any Third parties. By placing your Order, you agree and understand that we may store, process and use data collected from your web Order or telephone Order or posted Order or emailed Order for the purposes of processing your Order. Firstkind Please note that we may also share such data globally within the Firstkind group of companies. All Firstkind companies will protect your information in accordance with the Firstkind Customer Privacy Policy. We work with other companies (Distributors and Agents) that help us provide products and services to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. For more detailed information on how we protect your information please refer to our customer Privacy Policy. If you wish to have access to the information that we hold concerning you, if you want to make any changes, or if you do not want to receive promotional information from us you may contact the firefly™ customer support team on: 0845 2222 621. Firstkind from time-to-time may record telephone calls for training and quality purposes.

 

13. Circumstances beyond our reasonable control

We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

 

14. Disagreements Governing Law and Jurisdiction

We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England or Wales and the laws of England and Wales will apply. If you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

15. General

15.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

15.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

 

16. Defined Terms

16.1 In these terms and conditions:

"Accessory" means any ancillary Product such as firefly™ Adhesive Strips or firefly™ Knee Straps; 

"Firstkind Authorised Distributor or Agent" means a sales provider authorised by us to sell product; 

"Firefly Website" means our website www.fireflyrecovery.com

"Contract" means these terms and conditions together with your Order confirmation; 

"Consumer" means a customer who purchases Products otherwise than in the course of a business; 

"Export Laws" means all laws, regulations and orders of the United States, Asia Pacific, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products; 

"Invoice" means the invoice issued by us to you for the price of the Products; 

"Order" means an Order placed by you in accordance with these terms and conditions; 

"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order; 

"Product" means any Product listed on the firefly™ Website which we agree to supply to you on these terms and conditions and may include Services;

“Lot Number” means the number printed on the adhesive label fixed to the Product foil pouch, or the outer zipped lock polybag, or the outer carton."Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on the firefly™ Website which we agree to supply to you on these terms and conditions; 

“Territory" means the countries we are authorized to sell our Products according to CE Mark conformity: UK, Ireland, France, Belgium, Luxembourg, Germany, Austria, Switzerland, and Finland. Orders from recognised professional bodies fall outside of this clause 6.1

"Web/Telephone Order Confirmation Number" means the Order number issued by us to you; 
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.