Application

These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Vulse Ltd, a company registered in England and Wales under number 12127310 whose registered office is at 5 Piccadilly, Auyton Street, M1 3BR, with email address hello@vulse.co; (the Supplier or us or we).

These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft, or profession;

Contract means the legally-binding agreement between you and us for the supply of the Services;

Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

Website means our website https://vulse.co/ on which the Services are advertised.

Services

The description of the Services and any Goods is as set out on the Website, catalogues, brochures, or other forms of advertisement. Any description is for illustrative purposes only, and there may be small discrepancies in the size and color of any Goods supplied.

In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Services that appear on the Website are subject to availability.

We can make changes to the Services that are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

You must co-operate with us in all matters relating to the Services, provide us and our authorized employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services, and obtain any necessary licenses and consents (unless otherwise agreed).

Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

When registering to use the Website, you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and by pre-paid post, and you expressly agree to this.

Basis of Sale

The description of the Services and any Goods on our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract and before performance begins of any of the Services.

Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.

No variation of the Contract, whether about the description of the Services, Fees, or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us so that we can provide you with a different contract with terms that are more appropriate for you and which might, in some respects, be better for you, e.g., by giving you rights as a business.

Fees and Payment

The fees (Fees) for the Services, the price of any Goods (if not included in the Fees), and any additional delivery or other charges are as set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

Fees and charges include VAT at the rate applicable at the time of the Order.

You must pay by submitting your credit or debit card details with your Order, and we can take payment immediately or otherwise before the delivery of the Services.

Delivery

We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

• In the case of Services, within a reasonable time; and
• In the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

• We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
• After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

If you were entitled to treat the Contract at an end but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered, and if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you, and we will pay the costs of this.

If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit), you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, Returns, and Cancellation

You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind without giving us a reason and without incurring any liability.

You can cancel the Contract, except for any Goods which are made to your special requirements, by telling us no later than 14 days after the Contract was made if you simply wish to change your mind without giving us a reason and without liability. In that case, you must return the Goods in undamaged condition to any of our business premises at your expense. We will refund to you the price for those Goods and Services which have been paid for in advance, except for any separate delivery charge. This does not affect your rights in the case of defective Goods or Services. Please note that the Returns Right is different and separate from the Cancellation Rights.

The right to cancel this contract within 14 days without giving any reason is subject to the terms and conditions specified herein. The cancellation period expires after 14 days from the day you acquire, or a third party indicated by you acquires physical possession of the last of the Goods. For services only contracts, the cancellation period expires 14 days from the day the Contract was entered into. For contracts involving the supply of goods over time (e.g., subscriptions), the right to cancel is valid for 14 days after the first delivery.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g., a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. It is important to provide clear evidence of when the cancellation was made. You can also electronically fill in and submit the model cancellation form or any other clear statement of your decision to cancel the Contract on our website at https://vulse.co/. If you use this option, we will acknowledge receipt of the cancellation without delay via a Durable Medium (e.g., email).

The effects of cancellation within the cancellation period are as follows: We will reimburse you for all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). If a service has been supplied before the end of the cancellation period at your express request, you must pay an amount for the supplied service proportionate to the coverage until we are informed of your decision to cancel the Contract. Deductions may be made for any loss in value of the Goods resulting from unnecessary handling by you. The reimbursement will be made without undue delay and no later than 14 days after the day we receive back any Goods supplied by you, or 14 days after the day you provide evidence of sending back the Goods. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 5 Piccadilly, Auyton Street, M1 3BR without delay and no later than 14 days from the day you communicate your cancellation. You will bear the cost of returning the Goods.

For the purposes of these Cancellation Rights, “distance contract“ means a contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, using one or more means of distance communication until the contract is concluded. “Sales contract“ means a contract in which a trader transfers or agrees to transfer the ownership of goods to a consumer, and the consumer pays or agrees to pay the price, including any contract that includes both goods and services.

Duration, Termination, and Suspension

The Contract will continue for the duration required to perform the Services. Either party, you or we, may terminate the Contract or suspend the Services at any time by providing a written notice of termination or suspension to the other party if the other party:

• Commits a serious breach or a series of breaches that result in a serious breach of the Contract, and the breach cannot be fixed or is not fixed within 30 days of receiving the written notice.
• Is subject to any step towards bankruptcy or liquidation.

Upon termination of the Contract for any reason, the remaining rights and liabilities of both parties will not be affected.

Successors and Our Sub-contractors

Either party has the right to transfer the benefits of this Contract to another party while remaining liable to the other party for its obligations under the Contract. The Supplier will be held responsible for the actions and performance of any sub-contractors it engages to assist in fulfilling its duties.

Circumstances Beyond the Control of Either Party

In the event that either party fails to fulfill its obligations due to circumstances beyond its reasonable control, the following will apply:

• The party experiencing the unforeseen circumstances will notify the other party as soon as reasonably practicable.
• The obligations of the affected party will be suspended to the extent that is reasonable under the circumstances. The affected party will act reasonably in dealing with the situation.
• The affected party will not be held liable for any failure that it could not reasonably avoid.
• These provisions will not affect the Customer#'s rights regarding delivery or the right to cancel as outlined above.

Privacy

Your privacy is of utmost importance to us. We highly value and respect your privacy and are committed to complying with the General Data Protection Regulation (GDPR) in relation to your personal information.

These Terms and Conditions should be read in conjunction with our policies, including our privacy policy (vulse.co/privacy-policy) and cookies policy (vulse.co/cookies-policy).

For the purposes of these Terms and Conditions:

• 'Data Protection Laws' refers to any applicable law related to the processing of Personal Data, including GDPR.
• 'GDPR' stands for the UK General Data Protection Regulation.
• 'Data Controller,' 'Personal Data,' and 'Processing' have the same meanings as defined in GDPR.

We act as a Data Controller for the Personal Data that we Process in order to provide you with our Services and Goods.

When you provide Personal Data to us for the purpose of receiving our Services and Goods, and we Process that Personal Data in the course of providing those Services and Goods, we will fulfill our obligations as imposed by the Data Protection Laws. This includes:

• Identifying the purposes for which the information is being collected before or at the time of collecting Personal Data.
• Processing Personal Data only for the identified purposes.
• Respecting your rights in relation to your Personal Data.
• Implementing technical and organizational measures to ensure the security of your Personal Data.

If you have any inquiries or complaints regarding data privacy, please email us at hello@vulse.co.

Excluding liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier#'s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g., loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

Model cancellation Form

To
Vulse Ltd
5 Piccadilly, Auyton Street, M1 3BR
Email address: hello@vulse.co