Terms of Purchase

The Diabetes Safety Organisation site sells both Products and services in the form of physical products and E-learning courses. For clarity the Terms of Purchase have been separated into E-learning Sales and Product Sales below.

These terms and conditions apply to all orders you, the customer (“you”), place with us via this website and constitute the entire and only agreement between us. Please read these terms and conditions carefully before ordering any of the E-learning courses and other Products displayed on our website. You should understand that by ordering any of the E-learning courses or Products displayed on our website, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any of the E-learning courses or Products from our website.

Your use of our site is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.

We reserve the right to remove access to this website (and the E-learning courses or Products) in respect of anyone who does not comply with the above terms of use. In such circumstances no refund shall be made in respect of E-learning courses or Products that are no longer accessible.

Information about us

We operate the website www.diabetessafety.org. We are Diabetes Safety Organisation, a company registered in England and Wales under company number 07742604 and with our registered office 13 St Pauls Square, Birmingham, B3 1RB.

To contact us, please see our Contact Us page: https://diabetessafety.org/contact/

Terms of E-Learning Sales

Placing an Order

You may place an order with us through this website in relation to the E-learning courses sold on our website. We will send you an email acknowledging your order with an invoice, which will confirm the order details and then another email with details of how to access the purchased E-learning courses. A binding contract will only come into force between us once you have received this acknowledgement email.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

All orders are subject to availability and we reserve the right to reject any order for any reason. If we reject an order (for whatever reason) we will inform you as soon as possible.

Description

All descriptions, specifications, advertising, and overview information displayed on our website in relation to the E-learning courses are issued or published for the sole purpose of giving an approximate idea of the E-learning courses to be provided. They will not form part of the contract between us. The E-learning courses delivered may differ in non-material respects from the information provided on our website.

We may make any change to the specification or design of the E-learning courses which are required to conform to any applicable safety, statutory or regulatory requirement, or do not materially reduce their quality.

Price of the E-learning courses

The price(s) of the E-learning courses are displayed on our website at the time you place your order. Unless stated otherwise, all prices stated on our website are exclusive of value added tax (VAT).

All prices are subject to change without prior notice.

Our website contains a large number of E-learning courses and it is always possible that, despite our best efforts, some of the E-learning courses listed on our website may be incorrectly priced. We will not be obliged to supply the E-learning courses at the incorrect price, even if we have accepted your order.

For larger orders we provide top up discounts and administration support if required. To find out more please contact kate@diabetessafety.org

Payment

We must receive payment in full for all the E-learning courses you order before your order can be processed unless otherwise stated in a Service Agreement. Payment for the E-learning courses taken online will be taken through our third-party payment provider (as we shall nominate from time to time). Payment will be received by us upon confirmation from such provider that the transaction has been completed.

If you have agreed payment though a Service Agreement and pay yearly or monthly, any late payment could result in termination of the service and outstanding fees will still be payable.

Cancellation and Refunds 

You may cancel any order for E-learning courses (or part thereof) and receive a refund in respect of such at any time before such E-learning courses (or part thereof) are accessed. You will not be able to cancel an order for any part of the E-learning courses once they have been accessed.

If you do not access the E-learning courses during the twelve (12) months following the date on which they were ordered, we reserve the right to cancel the order and withdraw your access to such E-learning courses. You will not receive a refund if the order is cancelled as described in this paragraph.

The E-learning courses will be deemed to have been “accessed” when the relevant online course is commenced, or any associated materials are loaded or viewed by someone utilising your account.

Cancellation of a signed Service Agreement will result in agreed contract fees being payable.

Privacy

Please refer to our Privacy Policy on our website for full details on how your personal information will be handled and processed by us.

Liability

Save to the extent permitted by law, we (and any of our group companies and the officers, directors, employees, shareholders, sub-contractors or agents of any of them) exclude all liability and responsibility from any amount or kind of loss or damage arising out of or in connection with your use of the E-learning courses.

We do not exclude or attempt to limit in any way our liability:

  • for personal injury or death resulting from our negligence;
  • for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability; or
  • for fraud or fraudulent misrepresentation.

Subject to the exclusions/limitations set out above, we shall not be liable to you for any indirect or consequential loss or damage of any nature whatsoever arising and whether caused in tort (including negligence), breach of contract or otherwise (even if foreseeable), any loss of income or revenue, loss of business, loss of profit of contracts, loss of anticipated savings, wasted third party costs, and/or loss of data, management or office time.

We will perform and deliver the E-learning courses with reasonable care and skill. We do not give any other representation, warranty or undertaking in relation to the E-learning courses. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the E-learning courses are suitable for your purposes and do not guarantee any specific results from participating in the online learning courses.

Events outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by an “Event outside our control”.

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation, server failures, software failures, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Our Right to Vary These Terms

We may revise these terms from time to time in the following circumstances: 

  • changes in how we accept payment from you;
  • changes in relevant laws and regulatory requirements; or
  • any other changes to our operating or delivery processes.

Every time you order E-learning courses from us, the terms in force at that time will apply to the contract between you and us.

General

We try to ensure that our website is always available for you. In the event that our website is unavailable at any time and for any period (for whatever reason), we shall not be liable even if this means you cannot access the E-learning courses during that period.

If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

These terms and conditions (including in relation to any non-contractual obligations) shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the English courts.

Terms and conditions for promotional codes and Discounted products.

  1. Unless otherwise specified, promotional codes and/or discount offers cannot be used in conjunction with any other offer.
  2. Any refunds will take into account the discount applied as part of the offer.
  3. The Diabetes Safety Organisation reserves the right to decline orders where, in its reasonable opinion, a promotion code or discount is invalid for the order being placed or is the subject of fraudulent activity.
  4. The Diabetes Safety Organisation reserves the right to change these terms and conditions or withdraw a promotion at any time on reasonable notice.
  5. When you use an offer, you accept our terms and conditions relating to that offer (you are deemed to have accepted them and agree to be bound by them).
  6. Offers are Valid at https://diabetessafety.org/ only and may not be redeemable through our affiliate partners or Resellers.
  7. The Diabetes Safety Organisation reserves the right to amend these Terms and Conditions at any time. Any revised version will be effective immediately.

Terms of Product Sales

These terms and conditions of sale (collectively referred to herein as “Terms”) apply to all orders for items (“Products”) which you place with Diabetes Safety Organisation Limited (“we” “us” or “our”):

  • online through our website located at www.diabetessafety.org (“our site”); or
  • by telephoning.

These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site or over the telephone.

We do not offer any of our Products through unauthorised third party re-sellers and you represent on each occasion on dealing with us that you are not dealing with or attempting to deal with us in such capacity.

Please note that before placing an order you will be asked to agree to these Terms. You accept and agree to be bound by these Terms when:

  • in the case of on-line orders, you click the “Accept” button; or
  • in the case of telephone orders, you confirm to a member of our Customer Services Team that you agree to be bound by them or

You should print a copy of these Terms or save them to your computer for future reference.

For legal reasons we can only sell items via our site, by telephone to individuals aged 18 or over. If you are under 18 years of age, please ask your parent or guardian to review and approve the Terms on your behalf.

We amend these Terms from time to time as set out in Clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 8th May 2019. 

These Terms, and any Contract between us, are only in the English language.

1. Information about us

    1.1 We operate the website www.diabetessafety.org. We are Diabetes Safety Organisation, a company registered in England and Wales under company number 07742604 and with our registered office 13 St Pauls Square, Birmingham, B3 1RB.

    1.2 To contact us, please see our Contact Us page: https://diabetessafety.org/contact/

2. Our Products

    2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

    2.2 Although we have made every effort to be as accurate as possible, all sizes, lengths, materials, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.

    2.3 The packaging of the Products may vary from that shown on images on our site.

    2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3. Use of our site

Your use of our site is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.

4. How we use your personal information

    4.1 We only use your personal information in accordance the current version of our Privacy Policy, which is available for review at our Privacy Policy.

    4.2 Please take the time to read this policy, as it includes important terms which apply to you.

5. If you are a consumer

    5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. Some of our Products are aimed at children however, for the avoidance of doubt, these are not for purchase by children and must only be purchased by you as a consumer if you are at least 18 years old. However, we recommend that all purchases intended for children are thoroughly vetted by the parent / guardian before use with or by children.

    5.2 Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site.

    5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6. If you are a business customer

    6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

    6.2 These Terms and any document, policy or other terms and conditions expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document, policy or other terms and conditions expressly referred to in them.

7. How to make a purchase

    (i) When you order items online for the first time, you will need to register at the checkout before making full payment. At this point you will have the option of creating an account. You are responsible for maintaining the confidentiality of your account username and password and for preventing any unauthorised access to your account.

    (ii) Please ensure that the details you provide us with on registration are correct and complete. You must also inform us promptly of any changes to those details (e.g. change of email or postal address).

    (iii) Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

    NOTE: We do not offer any of our Products for re-sale by third parties, whether by way drop shipping or otherwise. 

8. The contract between us

    8.1 After you place an order with us, we will acknowledge receipt of your order verbally (if you are ordering over the phone), or with a follow up e-mail from us to the email address associated with your account (if you are ordering online). However, 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 which will take place as described below.

    8.2 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).

    8.3 The Contract will only relate to the 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 those Products is confirmed in a separate Dispatch Confirmation.

    8.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in Clause 14.5 or because you are not eligible to make the purchase, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we shall be entitled to cancel the Contract between us and will refund you the full amount as soon as possible in accordance with Clause 10.2.

    8.5 You undertake that all details you provide to us for the purpose of ordering Products from us are true and correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered.

9. Our right to vary these terms

    9.1 We may revise these Terms from time to time, in the following circumstances:

        (a) changes in how we accept payment from you; or

        (b) changes in relevant laws and regulatory requirements; or

        (c) to reflect changes in market conditions affecting our business; or

        (d) changes in our system’s capabilities.

    9.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authorised (in which case it will apply to all Contracts if required to do so).

    9.3 Whenever we revise these Terms in accordance with this Clause 9, all changes will be effective when posted on our site and you should check our site from time to time to review these Terms and other legal notices because they are binding on you.

10. Cancellation Policy

    10.1 Your cancellation rights:

    (a) UK consumers and consumers from the rest of the European Union have a legal right to cancel a Contract at any time for any reason within 14 days, starting from the day after you receive the Products. In this case you will be entitled to receive a full refund of the price paid for the Products and any applicable delivery charges to the credit or debit card used to purchase the applicable Products. This legal right does not apply to non-EU customers.

    (b) To cancel a Contract, before the Products have been dispatched, you are able to do so by notifying our Customer Services team between, Monday to Friday on 0345 350 36 90, with your order number ready. If your Products have already been dispatched when you wish to cancel, please follow the three-step procedure set out in our Returns Policy.

    (c) All Products, which are the subject of a cancelled Contract, must be returned by you at your own risk and as soon as possible after the date you cancelled the Contract to us in the same condition in which they were delivered in accordance with our Returns Policy.

    (d) Please note that you will be responsible for the costs of returning the Products to us, unless they were delivered to you in error or the Products are defective or faulty, in which case we will be responsible for the costs of returning the Products to us. If you do not return the Products as required, we may charge you a sum not exceeding the direct costs of recovering the Products.

    (e) If you cancel the Contract before you have received the Product, but we have already processed the Products for delivery, you must not unpack the Products.

    (f) On faulty or defective Products, after the 14 day cancellation period, we reserve the right to offer a reimbursement or replacement where appropriate.

    10.2 Our cancellation rights:

    (a) We shall be entitled to cancel the Contract if we have insufficient stock to deliver the goods ordered by you.

    (b) We shall be entitled at our sole discretion and without notice to cancel the Contract and withdraw the account of any person suspected of purchasing or attempting to purchase any of our Products for commercial purposes or onward delivery by a third party in breach of these Terms.

    (c) If the Contract is cancelled by us, we will notify you by e-mail at the address given by you in your order form or associated with your account with us. Any sum debited by us from your credit card or debit card will be re-credited to your account within twenty one (21) days of the date you place your order. We will not be liable for any loss or damage you incur as a consequence of such cancellation or be obliged to offer any compensation to you.

11. Returns Policy

    11.1 In the rare event that the Product you receive is faulty or not as ordered, please contact us to arrange a replacement or reimbursement. You may return it us in its original condition within 30 days of receipt in accordance with this Refunds Policy. All returns require prior authorisation. We will email this to you after you contact us. A copy of the returns authorisation email as well as a copy of the despatch note or invoice associated with the order is required to process returns correctly.

    11.2 How to return your Products in 3 easy steps. Step 1: Get in touch through our Contact section on the website to obtain an authorisation number. Alternatively, you can call our Customer Services team between 9-5, Monday to Friday on 0345 350 36 90. Step 2: If your Products need returning please parcel them up with the original documentation and write the authorisation number on the outside of the parcel. Step 3: If we have arranged to collect the Products from you, please leave as instructed. If we are unable to collect the Products and you are returning them in the post to us, please obtain proof of postage.

    11.3 Your rights to a refund or replacement

    (a) If you are returning the Product to us because it is defective, faulty or we have supplied you with the incorrect Product or you claim the Product was not described properly on our site, we will:

    (i) arrange for the Products to be collected or where we cannot collect them, you shall arrange for the Products to be returned to Returns Department, Diabetes Safety Organisation, 13 St Pauls Square, Birmingham, B3 1RB and we will be responsible for any reasonable postage costs you incur in returning the Products to us; and

    (ii) at our option and as appropriate either: (A) replace the Products within 10 days (or 15 working days in the case of international orders) of the day we confirm your return authorisation number; or (B) refund to you the full amount paid by you for the Products and any applicable delivery charges.

    11.4 We will usually process any refund due to you as soon as possible and in any case within 21 days of the day we receive the returned Product.

    11.5 Please note that any Product which are returned to us will be at your own risk and we suggest that you obtain proof of posting certificate when the Product is posted.

    11.6 To receive a full refund, the Products must be returned or be made available for collection (as applicable) in their original packaging and in the same condition in which they were received. If you wish to return any Products you have a duty to keep them in your possession and to take reasonable care of them until you return them.

    11.7 We refund you on the credit card or debit card used by you to purchase the applicable Products, or if you paid using your PayPal account, we shall credit that account.

    11.8 If you are a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights and your right to cancel the Contract under Clause 10 are not affected by the Returns Policy in this Clause 11 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

12. Service availability

    12.1 We reserve the right at any time and at our sole discretion to:

    (a) refuse a new customer registration;

    (b) suspend or terminate access to a customer’s account;

    (c) discontinue our site or services or any part thereof.

13. Delivery

    13.1 We offer delivery to the United Kingdom, Republic of Ireland, overseas BFPO addresses and the many international destinations. We do not deliver to all destinations nor are we able to deliver to Hospitals, University campuses, UK based Army/Nay/Air Force bases, PO addresses, Post Offices, shopping centre or pedestrianised work places.

    13.2 Delivery charges are included in our prices.

    13.3 We will use reasonable endeavours to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control.

    13.4 Delivery will be completed through our chosen provider.

    13.5 The Products will be your responsibility from the completion of delivery.

    13.6 You own the Products once we have received payment in full, including all applicable delivery charges.

    13.7 Special Conditions for International Deliveries

        (a) All orders for delivery outside the UK are subject to these Special Conditions for International Deliveries.

        (b) We accept orders for selected international destinations.

        (c) By accepting these terms and conditions at checkout and selecting international delivery option for your purchase, you are instructing The Diabetes Safety Organisation to act as your agent to instruct our carrier to deliver the relevant Products on your behalf for the delivery charges, details of which can be found here. Products delivered to destinations outside the European Union will be subject to import taxes, fees, levies or other charges which are the sole responsibility of the purchaser, or the recipient of the purchase if different.

        (d) It is your responsibility as purchaser and importer that any products ordered comply with local import regulations and that there are no restrictions which may affect receipt of your order.

        (e) We strongly recommend that purchasers establish the likely charges applicable in the country of destination before placing an order. Please ensure the recipient is aware that they will be liable for those charges.

14. Price of products and delivery charges

    14.1 The prices of the Products will be as quoted on our site. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see Clause 14.5 for what happens in this event.

    14.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

    14.3 Unless stated otherwise, all prices stated on our website Products are exclusive of value added tax (VAT).

    14.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered the following sub-clauses shall apply:

        (a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and

        (b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

15. How to pay

    15.1 You can pay for Products using a debit card or credit card or for larger orders please contact our help line 0345 350 36 90. We accept the following cards: Visa Debit, Visa Credit, MasterCard and American Express.

    15.2 We also accept payment by PayPal. Please note that if you wish to pay for your Products using PayPal, and you do not already have an existing PayPal account, you will be required to set up a new account with PayPal directly.

    15.3 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. All transactions will be in pounds sterling. Non-UK credit card providers and banks will determine the exchange rates to be applied and may add an additional processing or administration charge in relation to such payments which non-UK card holders will be liable to pay.

    15.4 Payment for the Products and all applicable delivery charges is in advance. Any order placed using PayPal will be charged at the time your order is submitted. If we reject or cancel your order for any reason this charge will be credited back to your PayPal account.

16. Our liability if you are a business

    16.1 We only supply the Products for internal use by your business unless otherwise agreed. We reserve the right to refuse orders that we consider for any reason are for commercial purposes or subject to onward delivery by a third party.

    16.2 Nothing in these Terms limits or excludes our liability for:

        (a) death or personal injury caused by our negligence;

        (b) fraud or fraudulent misrepresentation;

        (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

        (d) defective products under the Consumer Protection Act 1987.

    16.3 Subject to Clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

        (a) any loss of profits, sales, business, or revenue;

        (b) loss or corruption of data, information or software;

        (c) loss of business opportunity;

        (d) loss of anticipated savings;

        (e) loss of goodwill; or

        (f) any indirect or consequential loss.

    16.4 Subject to Clause 16.2 and Clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Product(s) excluding any delivery charges.

    16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. All products must be used as stated by the manufacturer, we take no responsibility for the misuse or misinterpretation of the user guidelines and use of the product.

17. Our liability if you are a consumer

    17.1 Subject always to Clause 17.3, if we fail to comply with these Terms we will under no circumstances whatever be liable to you any loss or damage you suffer, except to the extent those losses are a foreseeable result of our breach of these Terms or our negligence.

    17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and subject always to Clause 17.3, we have no liability to you for any business or trade losses, including (but without limitation) loss of profit, loss of business, business interruption, or loss of business opportunity. We reserve the right to refuse orders that we consider for any reason are for commercial purposes or subject to onward delivery by a third party.

    17.3 We do not in any way exclude or limit our liability for:

        (a) death or personal injury caused by our negligence;

        (b) fraud or fraudulent misrepresentation;

        (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

        (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

        (e) defective products under the Consumer Protection Act 1987.

18. Events outside our control

    18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 18.2.

    18.2 An “Event Outside Our Control” means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

    18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

        (a) we will contact you as soon as reasonably possible to notify you; and

        (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

19. Communications between us

    19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

    19.2 If you are a consumer:

        (a) To cancel a Contract in accordance with your legal right to do so as set out in Clause 10.1, please contact our Customer Services telephone line 0345 350 36 90 or e-mail us at contact@diabetessafety.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us such a cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.

        (b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to The Diabetes Safety Organisation, 13 St Pauls Square, Birmingham, B3 1RB and/or contact@diabetessafety.org. You can always contact us using our Customer Services telephone line on 0345 350 36 90.

    19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

20. Other important terms

    20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

    20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

    20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

    20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

    20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.

    20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

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Last revised 8th May 2019