Terms and Conditions

GENERAL

Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions. By using the Services, you are agreeing to all of the Terms and Conditions.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Unless otherwise specified, the materials on this Website are directed solely at consumers who access this Web site from the United Kingdom. Kinetik Medical Devices does not represent that any product referred to in the materials on this Web site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Any contract between us, whether for use of the site or in relation to the purchase of products or services through the site will be governed by the laws of England and all parties submit to the non-exclusive jurisdiction of the English Courts.

Kinetik Medical Devices reserves the right to alter these terms and conditions from time to time by posting new terms and conditions on this Web site. You should check this page regularly to take notice of any changes we may have made.

COPYRIGHT

All designs, text, graphics, videos and their selection and arrangement on this Web site are the copyright of Kinetik Medical Devices. Permission is granted to users to electronically copy or print portions of this site for their own personal, non-commercial use. Any other use of materials on this site without our prior written consent is strictly prohibited.

ACCEPTANCE OF ORDERS

Kinetik Medical Devices reserves the right to restrict the number of items available for sale to any individual customer. All orders are subject to availability. If your order cannot be fulfilled you will be offered an alternative or given a full refund.

We accept payment by most major credit or debit cards. Payment will be debited from your account before the dispatch of your purchase.

We will acknowledge that your order has been received by sending an e-mail to the e-mail address you provide in your registration form. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract.

Details of the purchase, details from the card and the PIN are sent through via Stripe which identifies the relevant card scheme (Visa, MasterCard etc.) and sends the details through them to the bank or other institution that issued the card.

If the details can’t be verified, the payment is normally declined and the shopper or payee is asked to use another type of payment.

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

PRICE INFORMATION

Kinetik Medical Devices has taken great care to ensure prices are accurate. Prices may change over time. All prices include VAT where appropriate.

TRADING NAME AND ADDRESS

Kinetik Medical Devices Limited
Unit 11, Perrywood Business Park,
Honeycrock Lane,
Salfords,
Redhill
RH1 5JQ

Registered England 06778337

PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

ACCOUNTS

You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

SUBMISSION OF MATERIAL

By submitting any material to us, you automatically grant Kinetik Medical Devices Ltd the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified) other than for the purposes of opening and registering an account.

DISCOUNT CODES

Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Kinetik Wellbeing reserves the right to fulfil or withhold orders made with discount codes.

PRODUCT WARRANTY

All Kinetik Medical Devices products bought online from our website from 01.01.2021 onwards are guaranteed for a period of 2 years* from the date of order confirmation, against mechanical and electrical defects. There are no user-serviceable parts inside the products. Any attempted repairs by unauthorised persons invalidates the warranty. This does not affect your statuary rights.

Products bought in NZ from Life Pharmacy and Unichem warranty is 3 years.

*Please note for purchases made online from our website prior to 01.01.2021 or purchased elsewhere the warranty period is only 1 year.

PRICE MATCH PROMISE

Our Price Match Promise means that if you find any of our devices at a lower advertised price elsewhere, we will match the price for you, subject to the following:

• The product is identical to ours in brand, colour, size and model number
•  The retailer is a national authorised stockist – this includes online & high-street retailers such as Amazon, Argos, ASDA, Boots, Chemist Direct, Cohens Chemist, Complete Care, Diabetes UK,  EMT Healthcare, Sainsburys, Superdrug, Tesco, Well Pharmacy, Williams Medical Supplies. Please contact Kinetik for further information.
• The price may be online or in-store.
• The item must be in stock and available for immediate purchase with the authorised stockist able to complete delivery within 2-3 days
• It may take up to 48 hours to verify the price match, once verified your purchase must be made within 7 days.

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AT TIME OF PURCHASING ONLINE

We will ask you to submit the product description, the relevant authorised retailer’s name, the advertised product price, confirmation that the product is available for purchase now (for delivery within 2-3 days). If you are matching an online price then we recommend taking a screenshot as if the price or stock status changes we will not be able to match the price.

INDEMNITY

You agree to indemnify, defend and hold harmless Kinetik Medical Devices, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use on this website or your breach of the Terms and Conditions.

CANCELLATIONS & RETURNS

Please note that under Distance Selling Regulations you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Products.

If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them.

Please review our Refunds Policy below, which applies to all products purchased from kinetikwellbeing.com

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

If you have any queries relating to these Terms and Conditions, please email our customer care team at customercare@kinetikwellbeing.com

ENVIRONMENTAL POLICY

Please find the Kinetik Wellbeing Environmental Policy below:

Environmental Policy

Mobile Terms of Service

Last updated: April 28, 2022

The Kinetik Wellbeing mobile message service (the “Service”) is operated by Kinetik Medical Devices (“Kinetik Wellbeing”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Kinetik Wellbeing’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kinetik Wellbeing through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kinetik Wellbeing. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18669935406 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kinetik Wellbeing mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18669935406 or email customercare@kinetikwellbeing.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Due to the nature of the Monitor My Health (hereby referred to as MMH) services being supplied, if you wish to make changes please endeavour to contact us prior to using the sample kit. 

Monitor My Health

General acknowledgement. You acknowledge that due to the nature of the services we may not be able to cancel your order and provide you with a full refund. We endeavour to test samples received without delay (within 2 working days of receipt), in accordance with MMH standard procedures and best practice, therefore if you wish to cancel your order and have provided your sample please contact us without delay. 

Sample kit does not arrive. If a kit has been dispatched, but fails to arrive at the address provided at the time of the order, Kinetik will request that MMH dispatch a second kit free of charge. We are unable to provide a refund if the delivery address has changed after dispatch. 

After you receive the sample kit. After your sample kit has been dispatched you have 30 days to cancel your order. Due to the nature of the testing kit being a medical device, which cannot be re-used, we will deduct £10 from the full price paid to cover these costs. Your refund will be processed within 14 days of MMH receiving your returned kit. 

Defective sample kits. If you receive a sample kit which arrives damaged (to the extent that it cannot be used) or defective (parts missing) please let us know and Kinetik will request that MMH provides you with a replacement sample kit free of charge. If you are unsure whether the sample kit is safe for use, please contact us and we can advise you further. 

Expired Sample Collection Kit. The sample collection kit is a medical device and therefore must have an expiry date printed on the pack. MMH will provide kits with ample time to allow for collection prior to expiry and therefore cannot provide any refund for kits which exceeded the expiry date. 

Laboratory unable to analyse sample. There are a few situations which prevent the analysis of some or all of the tests ordered. In these situations we will partially refund you according to the following: 

Occasionally a blood sample will exhibit haemolysis, which occurs due some of the red blood cell bursting and releasing their contents. If excessive, this will render some test results invalid and unreportable. If this situation occurs we will contact you via the e-mail address provided to confirm that we will dispatch a second kit free of charge and further advice to complete a successful blood collection and further advice to try to avoid haemolysis. 

Occasionally a customer will not be able to collect sufficient blood for some or all tests to be analysed. This is a very uncommon situation where the instructions for preparation to collect the sample have been strictly followed. If this situation occurs we will contact you via the e-mail address provided to confirm that we will dispatch a second kit free of charge and further advice to complete a successful blood collection. We are often able to produce results on small samples, so please always return whatever you have managed to collect, so that we may attempt the analysis. 

Samples arriving in the laboratory more than 5 days after blood collection will be unsuitable for analysis, due to degradation of the analytes for which we test. If this situation occurs due to a postal delay, we will dispatch a second kit free of charge. 

After we have analysed your sample. You will not be entitled to cancel your order or obtain a full refund after we have provided you with your results or our error report.