Terms and Conditions

This website www.foundationforpositivementalhealth.com (“Website”) is operated by the Foundation for Positive Mental Health (referred to as “FPMH”/“we” / “our” / “us“). Other Products, services and features thereof (the Website, and such other Products, services and features are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of FPMH). As a user of this website (referred to as “you” / “your“) you should ensure that you read and understand these Terms and Conditions before ordering any Products via our website.

If you are uncertain as to your rights under these Terms and Conditions or you want any explanation about them please contact us using the postal address or email address set out at the end of these Terms and Conditions.

IMPORTANT INFORMATION

Important information about our Products

Although many of our customers find our Products highly effective, our Products are not recommended for people who have certain mental disorders, such as biopolar depression or psychosis, except under the supervision of their healthcare provider. We cannot guarantee that everyone will find our Products effective although in the majority of cases, proper use of our Products will lead to some beneficial effect.

Our Products are NOT intended to replace appropriate conventional treatment by a doctor or other health professional. You should continue with any medical treatment you are currently having and not change this without consulting your doctor. Always consult your own doctor if you are in any way concerned about your health.

Never listen to our audio Products while driving a car or operating machinery.

Contract terms

It is our intention that the terms of the contract between us and you are all contained in these Terms and Conditions and our Privacy Policy. We intend that the terms of our contract will also include any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us.

If goods ordered via this website are being provided by a third party, that third party’s own terms and conditions may also apply to your order. We shall inform you at the time you place your order if third party terms and conditions apply and we shall also make a copy of these terms and conditions available to you at this time.

Changes to these terms and conditions

We reserve the right in our sole discretion to modify, alter or otherwise update these terms and conditions and the content of our web pages (including details of prices, Products and offers) at any time. You will be asked to read and accept the Terms and Conditions each time you place an order, to ensure that you are familiar with the most current ones.

ORDER PROCESS

Who is permitted to submit offers

You are only permitted to use this website to submit an offer to buy goods if you are:

aged 16 years or older; and
are a consumer wishing to purchase our Products for personal use.

Products purchased from this website may not be used for business or institutional purposes. If you are a business or professional customer, please contact us for details of our professional licence options. For more details of how our Products are used in primary health care, please see:

https://www.foundationforpositivementalhealth.com

Your offer to purchase our Products

Nothing on this Website is intended to mean that we are making a legally binding offer to you to provide goods: instead, we are inviting you to make a legally binding offer to us to purchase goods.

Offers can be submitted by completing the online order form on our website and clicking on the “Checkout” button.

Acknowledgement of your offer

Once you have submitted your offer to us, we shall endeavour to confirm the details of your offer by email within 24 hours. Please note that although this email constitutes notification of receipt of your offer, it does not constitute our acceptance of your offer.

Acceptance of your offer & formation of our contract

Unless specifically accepted by us as set out below, we will not be bound by any offers submitted by you via this Website.

Our contract with you is formed only when we have accepted your order by:

delivering the Products you have offered to purchase (in which case the date of formation of the contract is the date on which we attempt to deliver the goods); or

if earlier, sending you notice of our acceptance by email or by post (in which case the date of formation of our contract is the date shown on that notice of acceptance).

All contracts shall be concluded in the English language.

Rejection of your offer

It is entirely at our discretion to accept or reject any offer submitted by you. Our acceptance of such offers is always subject to authorisation of your payment card, availability of stock at the stated price and confirmation that you have read and accepted these terms and conditions by ticking the relevant box on our ‘checkout’ webpage.

If for whatever reason we are unable to accept your order, we shall endeavour to notify you of this promptly and shall provide a full refund of any prepayments made.

DELIVERY OF GOODS

Address

Products ordered via this website can only be delivered to addresses in the UK (and such other territories as may be specifically detailed in our website), being the address provided by you in your offer to purchase goods from us.

Date

If we accept your offer to purchase goods from us, we shall use reasonable endeavours to deliver the goods you have ordered:

within thirty (30) days after we receive your offer; or

if we agree an alternative later date with you, by that date (provided that the alternative date is not merely declared to be an estimate).

We can only deliver goods to you during normal working hours, on normal working days Monday to Friday (excluding public holidays). We are unable to specify the exact time or period in the day at which the goods will be delivered to you.

Delay

If we anticipate any delay in delivery, we shall endeavour to notify you of such delay as soon as possible.

If we cannot supply you with the goods you have ordered within thirty (30) days after we receive your offer (or by any alternative date we have agreed with you), we shall endeavour to inform you accordingly and you shall have the option of either:

accepting a later delivery date which we propose to you; or
cancelling your contract with us (or, as appropriate, cancelling your offer) and accepting a refund of any prepayments which you have made.

If we are unable to contact you (or are otherwise unable to ascertain your preference in relation to the above two options) within seven (7) days after the expected delivery date our contract with you shall be treated as cancelled in full.

Failure to accept goods

If delivery of goods ordered by you is not accepted within two weeks of our first attempt to deliver the goods to any specified address, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.

PAYMENT

Payment methods

All payments must be made in UK pounds Sterling (and we reserve the right to make any refunds in UK pounds Sterling.) Our receipt of cleared funds sent by you does not constitute our acceptance of your order.

Payment for goods ordered is processed using the services of Paypal. Payment may be made by any of the methods below and will be debited when you submit your order:

American Express
Delta/Visa Debit
Eurocard
JCB
Mastercard
Solo
Maestro/Switch
Visa

Paypal will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

Price

All prices on this website are quoted in UK pounds Sterling and include VAT where applicable.

Delivery charge

In addition to the price of goods, delivery charges may be payable by you. The delivery charge will be that shown on the order form section of our website at the time you place your order. A greater charge is applicable to delivery outwith the UK: this should be detailed on our website but should you have any queries, please do not hesitate to contact us.

ERRORS

Errors made by us

While we try to ensure that the descriptions, prices and delivery charges displayed on our website are correct, errors may occur. If, prior to delivery to you, we discover an error in relation to goods you have ordered, we will inform you as soon as possible and you will then have the option of either:

confirming your offer to purchase subject to the corrected description, price or delivery charge; or

cancelling your offer to purchase and receiving a full refund of any prepayments.

Errors made by you

Information that you provide to us by using this website must be accurate and complete. Errors in your offer should be corrected prior to the conclusion of our contract. You can correct such error: –

Prior to submitting your offer to us: by re-entering the relevant information in our online order form, using the ‘BACK’ button where required; or

After you have submitted your offer to us: by contacting us prior to acceptance by us of your offer. Our contact details can be found on the Website or email mail@foundationforpositivementalhealth.com

CANCELLATION

Our right to cancel

The sale and supply of goods are always subject to availability of stock, and receipt of your payment in cash or in cleared funds, so:

In the event that we are reasonably unable to supply the goods which you have ordered due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.

In the event that your payment does not clear, is not authorised or is not received by us within seven (7) days after we received your order, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.

Your right to cancel

You have a right to cancel your order for goods at any time before the expiry of the “cooling-off period“, which is a period of seven (7) working days after the date on which you receive the goods.

Exceptions to your right to cancel

You do not have a right to cancel your order:

after the end of the cooling-off period (unless the goods provided are faulty, defective or not in accordance with specification); or

if your order is for goods which are perishable or, by reason of their nature, cannot be returned; or

if your order is for goods which have been specifically made to your specification, are clearly personalised or are otherwise unique (unless the goods provided are faulty or not in accordance with specification).

If, at our sole discretion, we allow you to return unwanted goods which conform to contract after the cooling-off period has ended, we reserve the right to charge you a handling fee based on any consequential costs we incur.

How to exercise your right to cancel

If you wish to cancel your order, you must notify us (using the contact details provided at the end of these Terms and Conditions) by delivering the notice to us by hand, by post or by email. If you have placed more than one current order, please specify clearly which order you wish to cancel.

Return of goods where your order is cancelled

If you wish to exercise your right to cancel after the goods you have ordered have been delivered, you must arrange for return of the goods to us at your own cost within seven (7) working days from the date we receive notice of cancellation from you.

If you fail to return the goods to us within this time, you must, at our request, make the goods available for collection and we reserve the right to charge you the direct cost to us of recovering the goods.

Duty to take care of goods

You are under a duty to take reasonable care of goods to be returned following cancellation by you. You will be liable for any loss or damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:

prior to being returned to us, the goods are carefully, safely and securely stored;

goods being returned are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes); and

(unless we decide to exercise our right to recover the goods from you), the goods are correctly addressed, bear adequate postage and are transported using a reputable carrier so as to ensure that the goods are not lost or damaged in transit.

Refunds

If your order is cancelled, we will refund to you any monies paid within thirty (30) days of notice of cancellation being given.

DEFECTIVE GOODS

Rejecting defective goods

If you wish to reject goods we have provided because you believe them to be faulty, not in accordance with specification, or damaged on delivery, you must inform us within a reasonable period of time and you must make the rejected goods available for collection by our courier at our request.

Where we have provided goods which were faulty, not in accordance with specification, or damaged on delivery, we are usually able to offer a repair (where reasonably possible), replacement or a refund.

If you reject goods which are in every respect what you ordered (being in accordance with specification, and not damaged on delivery) and you are not otherwise entitled to cancel your contract with us, we reserve the right to charge you the direct cost to us of collecting, testing, storing and redelivering the rejected goods.

Duty to take care of goods

You are under a duty to take reasonable care of goods you are rejecting, irrespective of whether they are faulty, not in accordance with specification, or were damaged on delivery. You will be liable for any loss of damage to the goods if you fail in this duty. Without limitation, this duty requires you to ensure that:

prior to being returned to us, the goods are carefully, safely and securely stored;

at the time they are made available for collection, the goods are packaged in a manner which is adequate for transit, taking into account the nature of the goods being returned and the distance which they are required to travel (please use the original protective packaging if still available: we will not provide additional packaging or boxes).

LIABILITY

WARNING

This section contains provisions which restrict the extent to which we are liable to you for any loss you may suffer in connection with use of our website and goods ordered via this website.

By using this website to place an order for goods, you also agree that you will be liable for any loss we (or certain people connected with us) suffer as a result of breach of these terms and conditions of sale by you or by certain people connected with you.

Nothing in these Terms and Conditions is intended to restrict liability arising under our Website Terms Of Use.

Your and our liability

Nothing in these Terms and Conditions is intended to exclude liability (if any) for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.

You and we shall only be liable to each other under these Terms and Conditions for losses which are a reasonably foreseeable consequence of the relevant breach of contract. Neither you nor we shall be liable to each other under these Terms and Conditions for any other loss or damage, subject to the paragraph above.

Circumstances beyond our control

We shall be under no liability for any delay or failure to deliver goods or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond our reasonable control.

Effectiveness not guaranteed

We cannot guarantee that our Products are effective. However we can tell you that we believe that everyone can benefit from listening to our recordings.

No implied warranties

All warranties relating to goods ordered via our website which are not expressly stated in these Terms and Conditions are hereby excluded to the fullest extent permitted by law.

Liability passed from us (and others) to you

You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, our agents, suppliers, customers, officers, or employees, and arising as a result of breach by you of these Terms and Conditions.

GENERAL

Headings

The headings are for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.

Interpretation

In these Terms and Conditions, unless the context otherwise requires:

the singular shall include the plural and vice versa;

references to persons shall include bodies corporate, unincorporated associations and partnerships; and

words importing the whole shall be treated as including a reference to any part thereof.

Waiver

Any waiver by either you or us of a breach of any provision of these Terms and Conditions shall not be considered as a waiver of any subsequent breach of the same or any other provision of these Terms and Conditions.

Our relationship with you

You and we are, with respect to one another, independent parties. Nothing in these Website Terms and Conditions is intended to nor shall create any partnership, joint venture or agency.

Transfer of rights / obligations

We shall be entitled to transfer, sub-licence and/or assign any of our rights and/or obligations under these Terms and Conditions. This will not affect your rights under these Terms and Conditions.

You may not transfer, sub-licence or assign any of your rights or obligations under these Terms and Conditions without our written consent.

Severability

Every provision of these Terms and Conditions shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances.

Law & jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Scots law and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.

You are solely responsible for compliance with any applicable laws of the country from which you access our website.

CONTACTING US

Queries, comments and complaints

If there is anything in these terms and conditions which you do not understand or you have any other queries, comments or have a complaint, please contact us. Our contact details are as follows:

Postal / business address:

24 Boswall Road, Edinburgh EH5 3RN, Scotland.

Email address:

mail@foundationforpositivementalhealth.com

About us

The Foundation for Positive Mental Health is a charity registered in Scotland no 041132, Company no SC318316. Our registered office at 24 Boswall Road, Edinburgh, EH5 3RN.UK