Terms and Conditions of Sale
Terms and Conditions of Sale
By purchasing or ordering the products sold on our website, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these terms please contact us via email at info@myrelax.co or by calling us on +44 (0) 20 7052 4674.
We may change the terms that govern your use of our site. By using our site, you agree to follow our terms & conditions and any such changes. We reserve the right, in our sole discretion, to revise and modify these terms of service from time to time.
These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
- Information About Us and How to Contact Us
1.1 We are RETAIL TECHNOLOGY LTD, trading as “Hype Retail”, a company registered in England and Wales. Our company number is 12134932 and our registered office is at Sierra Quebec Bravo, 77 Marsh Wall, London, England, E14 9SH. Our VAT number is GB336206030.
1.2 You can contact us by telephoning our customer service team at +44 (0) 20 7052 4674 or by writing to us at info@myrelax.co .
1.3 When we use the words “writing” or “written” in these terms, this also includes emails.
- Age Verification
Hype Retail offers products and services in accordance with UK law to customers aged 18 or over only. Age Verification may be required either at checkout or upon delivery, where valid ID will need to be provided. We may use a third-party age checking application in order to verify a customer's age.
- 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. Please note that any automatic email from us
acknowledging that we have received your order does not mean that your order has been accepted.
3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonable plan for, because a credit reference we have obtained for you does not meet our minimum requirements, 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 This website is solely for the promotion of our products in the UK.
Unfortunately, we do not accept orders from addresses outside the UK through this website.
- The 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.
4.3 Some of the product descriptions on our website are provided by the manufacturers, and not by us. To the extent permitted by law, we shall not be liable for any product descriptions displayed on our website or otherwise that are prepared by the manufacturers or other third parties.
- Rights To Make Changes
5.1 If you wish to make a change to your order, please contact us and 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.
5.2 We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the products available (a) to reflect changes in relevant laws and regulatory
requirements, and (b) to implement minor technical adjustments and improvements, for example to address a security threat.
5.3 We also reserve the right to change or add to these terms from time to time.
5.4 Unless you have placed an order for any products by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
5.5 From time to time we may also have to make changes in the specification of any of our products, but we will endeavour to ensure that such changes do not reduce the quality or performance of such products
5.6 From time to time there may be information on hyperetail.co.uk that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
- Delivery
6.1 Costs of delivery will be as displayed to you on our website.
6.2 During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
6.3 If our supply of the products is delayed by an event outside our
control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If after a failed delivery to you, you do not rearrange 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 rearrange delivery or collection we may end the contract and clause 10 will apply.
6.5 Our products will become your responsibility from the time we deliver the product to the address you gave us or you, or a carrier organised by you, collect it from us.
6.6 You own a product only once we have received payment in full. 6.7 We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes; or
(b) update the product to reflect changes in relevant laws and regulatory requirements.
6.8 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it,
or tell you we are going to suspend it, in each case for a period of more than 2 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract. 6.9 If you do not pay us for the products when you are supposed to in accordance with these terms, and you still do not pay us within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments in accordance with these terms.
- Cancellation, Returns and Exchanges
7.1 You may cancel the contract and receive a full refund if you notify us in writing within 7 days of placing your order.
7.2 However, this cancellation does not apply in the case of:
(a) products sealed for health protection of hygiene purposes, once these have been unsealed after you receive them; and
(b) any products which become mixed inseparably with other items after their delivery.
7.3 If you have returned the products to us because they are faulty or mis-described, see clause 13 below.
7.4 If the products have been delivered to you before you decide to cancel the contract, then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.
- How to End the Contract With Us
8.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on
+44 (0) 20 7052 4674 or email us at info@myrelax.co.
Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Simply write to us at RETAIL TECHNOLOGY LTD, Sierra Quebec Bravo, 77 Marsh Wall, London, England, E14 9SH. including details of what you bought, when you ordered or received it and your name and address.
- Refunds
9.1 If you are entitled to a refund under these terms we will refund you the price you paid for the products excluding delivery costs (unless the products are defective in which case we will refund the delivery costs), by the method you used for payment.
9.2 We will make any refunds due to you as soon as possible. 10. Our Rights to End the Contract
10.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it,
provide us with information that is necessary for us to provide the products, for example, delivery address;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may write to you to let you know that we are going to stop providing the product.
- Payment
11.1 We offer the most convenient ways of paying: Bank Transfer. Please see our Payment page for further details.
11.2 The price of the products, including any discounts (if applicable) shall be the price of which we inform you prior to accepting your order. The total payment amounts include VAT at current rates unless stated otherwise.
11.3 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.5 for what happens if we discover an error in the price of the product you order.
11.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product,
we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.5 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.6 For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
11.7 You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.8 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a
daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.9 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.10 From time to time we may offer a rebate scheme, as more particularly set out on our website hyperetail.co.uk from time to time. If you are entitled to a rebate we will notify you in writing at the end of the relevant calendar quarter.
11.11 You will not be eligible for a rebate if, at the time of payment of such rebate, any payments due to us pursuant to these terms and conditions are outstanding.
- Your Rights in Respect of Defective Products
12.1 The products are intended for use only in the UK. We do not warrant that the products comply with the laws, regulations or standards outside the UK.
12.2 We warrant that on delivery any products which goods are shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and
workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of products Act 1979); and
(d) be fit for any purpose held out by us.
12.3 Subject to clause 12.4, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.4 We will not be liable for a product's failure to comply with the warranty in clause 12.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause (a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation,
commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful
damage, negligence, or abnormal working conditions.
12.5 Except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
12.6 These terms shall apply to any repaired or replacement products supplied by us under clause 12.3.
- Our Responsibility for Loss or Damage Suffered By
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of products Act 1979 or section 2 of the Supply of products and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of products Act 1979 and sections 3 to 5 of the Supply of products and Services Act 1982 are excluded.
13.3 Subject to clause 13.1:
(a) we shall not be liable to you, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under the contract.
- Handling Complaints and Sending Notices
14.1 If you wish to make a complaint you may do in the following way:
(a) by calling +44 (0) 20 7052 4674; or
(b) in writing addressed to: info@myrelax.co OR
RETAIL TECHNOLOGY LTD, Sierra Quebec Bravo, 77 Marsh Wall, London, England, E14 9SH
15. Product Warnings and Regulations
15.1 All products sold on our website wherever necessary will be provided with UK plugs unless otherwise stated.
15.2 All packaging and warnings are compliant within the UK. Whilst manufacturers may take measures to ensure that packaging and warnings are compliant with other countries, the responsibility will fall on you if the product is resold (wholesale customers only).
- How We May Use Your Personal Information
16.1 We will only use your personal information as set out in our PRIVACY POLICY.
- General
17.1 Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
17.2 Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these terms. Any attempt by you to do so shall be void.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against
you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Updated 14/08/2023
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