TERMS AND CONDITIONS FOR THE SUPPLY OF THE NOVABOW SYSTEM

Please read the following important terms and conditions before you buy anything on our website (www.novabowsystem.com) and check that they contain everything you (the user) would want and nothing that you are not willing to agree to.

These terms and conditions set out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information as required by applicable UK Consumer laws.

Summary of your UK Consumer rights:
The UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following: up to 30 days: if your goods are faulty, you can get a refund; up to six (6) months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases; up to six (6) years: if the goods do not last a reasonable length of time, you may be entitled to some money back. This is a summary of some of your key rights.

For detailed information on your Consumer rights please contact the Scottish Citizens Advice Helpline (0800 028 1456) or Citizens Advice Scotland (www.cas.org.uk)
The information in this summary box summarises some of your key Consumer rights. It is not intended to replace the Contract below, which you should read carefully and agree to before making a purchase on this site.

1. About us

1.1 Who we are? JOMARG INNOVATION LTD. (trading as novabow system) a company registered in Scotland with company number SC386883 (the “Company”, “We” or “Us” or “Our”). Our registered address is at 17 Flat 2/2, Dalnair Street, Glasgow, Scotland, G3 8SD.

1.2 Contacting us. To contact us please visit the contact us page on our website or email support@jomarginnovation.com. How to give us formal notice of any matter under the Contract is set out in clause ‎16.2.

2. Our contract with you
2.1 Our contract. These terms and conditions (the “Terms”) apply to the order by the customer (“Customer” or “you”) and the supply of the Novabow System, an exercise device for strengthening the foot and ankle(the “Device”), by the Company to you (the “Contract”). If you buy the Device from our website, then you agree to be bound by this Contract. No other terms are implied by trade, custom, practice or course of dealing. The details of this Contract will not be filed by us. Please print out or save a copy of this Contract for your records as we will not save a copy for you.
2.2 Consumer Rights. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state we must provide you certain key information before a legally binding Contract is made between you and us. The key information we give you by law forms part of this Contract. These Terms apply only if you are buying goods on our website as a Consumer (ie for purposes outside of your business, craft or profession).
2.3 Entire agreement. The Contract is the entire agreement between the Company and you in relation the online purchase of the Device. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in this Contract.
2.4 Language. These Terms and the Contract are made only in the English language. No other languages will apply to this Contract.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts on our website (www.novabowsystem.com) to place an order. Each order made is an offer by you to buy the Device, as specified in the order, subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to the Company. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause ‎3.4.
3.4 Accepting your order. We will confirm our acceptance of the order (as set out in clause 3.1) to you by sending you an email that confirms that the Device has been dispatched (“Dispatch Confirmation”). The Contract between you and the Company will only be formed when we send you the Dispatch Confirmation email. A Contract will have been made on the date of acceptance, incorporating these Terms.
3.5 If we cannot accept your order. If we are unable to supply you with the Device for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Device, we will refund you the full amount including any delivery costs charged as soon as possible and no later than 30 business days.
4. Your privacy and personal information
4.1 Our Privacy Policy is available in  the footer at the bottom of each page on the site 
4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or compliant about how we process your personal data.
5. The Device
5.1 Product Use and Safety. The Device should be used strictly in accordance with the instructions provided. Any use of the Device outside of the prescribed guidelines is at your own risk. We are not responsible for any damage or injury caused by improper use of the Device. You are responsible for ensuring that the Device is suitable for your intended use and that you understand how to operate it safely. The Company is not obliged to provide any training, before or after-sales advice, consultancy or any other services in relation to the Device.
5.2 Images of the Device. The images of the Device on our website 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 Device. The colour of your Device may vary slightly from those images. Any samples, drawings, descriptions or videos or issued by the Company catalogue or brochures, are issued and published for the sole purpose of giving approximate representation of the Device described in them. They shall not form part of the Contract or any other contract between the Company and the Customer, for the supply of the Device.
5.3 The information contained in these Terms, orders and any other terms and conditions relating to the Device and the Customer from time to time in writing constitute the entire agreement between the parties. The Customer acknowledges that it has not relied upon any statement, promise or representation made by or for on behalf of the Company which is not set out herein.
5.4 We reserve the right to amend the specification of the Device if required by any applicable statutory or regulatory requirement.
6. Cancel Order, Returns and refunds
6.1 You have the right to cancel this Contract and receive a refund if you contact us within 14 days of receiving the goods (the “Cancellation Period”) without giving any reason. Please notify us via email (support@jomarginnovation.com), within  2 weeks from the date of the physical possession of the Device via email and providing us a copy of invoice and Dispatch Confirmation email. You then have 14 days to return the goods to us along with your receipt.  The goods must be in the same condition as they were when you received them .
6.2 You can also email us at support@jomarginnovation.com or contact us via our contact us page on our website. If you are emailing or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the Cancellation Period or email us before midnight on that day.
6.3 If you have returned the Device to us under this clause ‎6 because it is faulty or mis-described, we will refund the price of the Device and will refund you on the credit card or debit card used by you to pay.
6.4 If the Device has been delivered to you before you decide to cancel the Contract then you must return it to us without undue delay and in any event not later than 30 days after the day on which you let us know that you wish to cancel the Contract.
7. Delivery, transfer of risk and title
7.1 We will contact you with an estimated delivery date, which will be within 7-14 business days after the date of Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause ‎15 for our responsibilities when this happens.
7.2 Delivery is complete once the Device has been unloaded at the address for delivery set out in your order and the Device will be at your risk from that time.
7.3 You own the Device once we have received payment in full, including all applicable delivery charges.
7.4 If we fail to deliver the Device, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Device. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Device.
8. International delivery
8.1 We deliver to the countries listed on the shipping page  (“International Delivery Destinations”). However, there may be certain restrictions on some Devices for certain International Delivery Destinations, so please review the information [on that page] carefully before ordering Device.
8.2 If you order the Device from our website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 You must comply with all applicable laws and regulations of the country for which the Device is destined. We will not be liable or responsible if you do not comply with any such applicable laws.
9. Price of goods and delivery charges
9.1 The price of the Device will be as quoted on our website at the time you submit your order. We use our best efforts to ensure that the price of the Device is correct at the time when the relevant information was entered onto the system. However, please see clause 9.4 for what happens if we discover an error in the price of the Device you ordered.
9.2 Prices for our Device may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of Device excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Device in full before the change in VAT takes effect.
9.4 The price of the Device does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our shipping page. If we discover an error in the price of the Device you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Device 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. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel supply of the Device and refund you any sums you have paid.
10. How to pay
10.1 You can only pay for the Device using an approved debit card or credit card. 
10.2 Payment for the Device and all applicable delivery charges is in advance. 
11. Disclaimers: your attention is particularly drawn to this clause
11.1 General Disclaimer. The Device is not intended to diagnose, treat, cure, or prevent any disease or medical condition or deliver a specific health outcome. For medical advice, diagnosis or treatment, please consultant a qualified healthcare professional, particularly if you have any pre-existing medical conditions, are pregnant, or are currently undergoing any medical treatment. Use of the Device is at your own risk and discretion. You (the Customer) agree not to use the Device for any resale purposes. Any information provided with the Device, including in any marketing materials, manuals, or on our website, should not be construed as medical advice or as a substitute for a professional medical consultation.
11.2 No Medical Claims. We make no claims, representations, or warranties regarding the medical benefits or outcomes of using the Device. The Device is intended for general wellness and foot and ankle muscle strengthening purposes only.
11.3 No Guarantee of Results. We do not guarantee any specific results from the use of the Device. Individual outcomes may vary, and the effectiveness of the Device can depend on numerous factors, including but not limited to user compliance with instructions, repetitive use, individual health conditions and other external factors. You should not expect guaranteed improvements in health or medical conditions as a result of using the Device.
11.4 Disclaimer for latex or EVA foam allergy. Please be advised that the Device contains latex, EVA (Ethylene Vinyl Acetate) foam and similar materials. Latex is a natural rubber that can cause allergic reactions in some individuals. Allergies to EVA foam are relatively rare but can occur. The Device is not suitable for individuals with latex or EVA foam allergy or sensitivity. Symptoms of latex or EVA allergy can range from mild to severe skin irritation, itching, hives, respiratory issues and anaphylaxis. If you experience any of these symptoms, seek medical attention immediately. For more information about allergies, please consult a healthcare professional if you have any concerns.
12. Our warranty for the Device
12.1 Use of the Device. The Consumer Rights Act 2015 provides you certain legal rights (statutory rights) that the Device provided to you must be as described, fit for purpose and of satisfactory quality. The Device is intended for use only in the UK. We do not warrant that the Device comply with the laws, regulations or standards outside the UK.
12.2 Warranties. We provide a warranty that on delivery and for a period of 6 months from delivery, the Device shall:
(a) conform in all material respects with the order; and
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Consumer Rights Act 2015).
12.3 Subject to clause ‎12.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of Device do not comply with the warranty set out in clause ‎12.2;
(b) we are given a reasonable opportunity of examining the Device; and
(c) we ask you to do so, you return the Device to us at our cost,
we will, at our option, repair or replace the defective Device, or refund the price of the defective Device in full.
12.4 We will not be liable for breach of the warranty set out in clause ‎12.2 if:
(a) you make any further use of the Device after giving notice to us under clause ‎12.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Device without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Device differs from its description or specification as a result of changes made to ensure it complies with applicable statutory or regulatory requirements.
12.5 We will only be liable to you for the Device’s failure to comply with the warranty set out in clause ‎12.2 to the extent set out in this clause ‎12.
12.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Device. 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 Device is suitable for your purposes.
12.7 These terms also apply to any repaired or replacement Device supplied by us to you.
13. Our liability: your attention is particularly drawn to this clause
13.1 References to liability in this clause ‎13 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
13.2 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 as set out in the Consumer Right Act 2015 (as amended from time to time); or
(d) any other liability that cannot be limited or excluded by law.
13.3 To the fullest extent permitted by law, we (the Company) disclaim all liability for any direct, indirect, incidental, or consequential damages arising from the use or misuse of the Device, including but not limited to any harm, injury, or adverse effects resulting from reliance on information provided by us or use of the Device. This includes, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses.
13.4 This clause 13 shall survive the termination of the Terms and/ any contract made between the Company and the Customer.
14. Termination
14.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Device to you or terminate the Contract with immediate effect by giving written notice to you, if you fail to pay any amount due under the Contract when it is due.
14.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the 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 the Device to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Communications between us
16.1 When we refer to "in writing" in these Terms, this includes email.
16.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first-class post or other next working day delivery service, or email.
16.3 A notice is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. General
17.1 Intellectual Property. The Customer acknowledges that all intellectual property rights (whether the Novabow trademark, any patent relating to the Device and/ any other intellectual property right) relating to the Device belong to the Company only and the Customer will have no intellectual property rights relating to the Device, other than the right to use it in accordance with the terms of this Contract.
17.2 Data Protection. The Company will comply with all applicable laws to the processing of personal data for purposes of fulfilling the Contract and supply of the Device. The Company will collect, use and share your personal and financial data only to extent necessary of assisting the delivery of the Device and to fulfil your order as set out in our website privacy policy [insert link to privacy policy]. If you have any concerns regarding processing of your personal data, including any data subject requests or erasure requests, please contact us at: support@jomarginnovation.com
17.3 Assignment and transfer. Neither party may assign or transfer its rights and obligations under this Contract to another other party.
17.4 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
17.5 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
17.6 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.7 Third party rights. The Contract is between the Company and the Customer. No other person has any rights to enforce any of its terms or conditions in connection with it.
17.8 Dispute. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Device you ordered, our service to you or any other matter, please contact us as soon as possible either by email: support@jomarginnovation.com or by using the contact us page via our website.
17.9 Governing law. The Contract shall be considered as an agreement made in Scotland, and any dispute (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with Scots Law.
17.10 Jurisdiction. Each party irrevocably agrees that the Scottish courts shall have exclusive jurisdiction to settle any disputes or claims (including any non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

By ordering a device via our website (www.novabowsystem.com), you agree and consent to be bound by these Terms (the Contract) for the supply of the Device to you. Please download and save a PDF copy for your own records.]