Our terms

1. These terms

1.1 These are the terms and conditions on which we supply products to you, whether these are our garment and sensor or our app. In relation to the app you should also read our application terms and conditions.

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 We are Prevayl Limited a company registered in England and Wales. Our company registration number is 13463671 and our registered office is at 57 Spring Gardens, Manchester, M2 3AZ.

2.2 You can contact us by e-mailing our customer service team at help@prevayl.com.

2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 Our website is solely for the promotion of our products in the UK. We do not accept orders from addresses outside the UK.

4. Our products

4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

6. Our rights to make changes

We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. Providing the products

7.1 The costs of delivery will be as displayed to you on our website.

7.2 During the order process we will let you know when we will provide the products to you.

(a) For the garment and the sensor. We will contact you with an estimated delivery date, which will be within [30] days after the day on which we accept your order.

(b) For the app. We will make the app available for download by you as soon as we accept your order.

7.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6 A product will be your responsibility from the time after a compliant delivery of the product to the address you gave us has taken place (or such other address as we have agreed with you).

7.8 We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you (see clause 6).

8. Your rights to end the contract

8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [30] days; or

(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Prevayl Limited to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):

Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.Consumer to pay costs of return.
How our goodwill guarantee is more generous

8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) Have you downloaded our app? if so, you have 30 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading. If we delivered the app to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. In this case your personal data will be dealt with in accordance with our privacy policy.

(b) Have you bought a garment and/or the sensor?, if so you have 30 days after the day you (or someone you nominate) receive the goods.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered or downloaded and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract

9. How to end the contract with us (including if you have changed your mind)

9.1 To end the contract with us, please let us know by doing one of the following:  

(a) Email us at help@prevayl.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Complete the online form here on our website.

9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Stock Consolidation, Oakhill Trading Estate, Unit 55-62, Devonshire Road, Worsley, Manchester, M28 3PT or (if they are not suitable for posting) allow us to collect them from you. Please email us at help@prevayl.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract.

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