1. Who we are
These terms apply to pre-orders of Sensore products placed through our website. We are Sensore Ltd, a company registered in England and Wales under company number 12624771, with our registered office at Arise Innovation Centre, Chelmsford, Essex, CM1 1QT, United Kingdom. You can contact us at info@sensore.health.
In these terms, "we", "us" and "our" mean Sensore Ltd, and "you" and "your" mean the person placing the pre-order.
2. These terms
These are the terms on which we accept pre-orders for our products, currently the Sensore S1 (seat sensor) and Sensore M1 (mattress sensor) ("the Product"). Please read them carefully before placing a pre-order. By placing a pre-order and paying a deposit, you confirm that you accept these terms.
If you are ordering as a business or on behalf of an organisation rather than as a consumer, different terms apply — please contact us at info@sensore.health before ordering.
3. The Product, its regulatory status, and the UKCA condition
UKCA marking is a condition of this contract: The Product is a medical device that is currently in development. At the date of your pre-order, the Product is not yet UKCA marked and is not available for supply. Your pre-order is for the future supply of a Product that is not yet UKCA marked. It is an express condition of your pre-order that the Product is successfully UKCA marked before it is supplied to you, and we will not supply the Product to you unless and until it is. What happens if the Product does not obtain UKCA marking is set out in Section 9.
A pre-order is a reservation of a future Product: It is not the purchase of a currently available or currently marketed medical device. Product specifications, features, design and packaging described at the time of pre-order are indicative and may change as development is completed; we will tell you about any significant change and your rights if one occurs (see Section 9).
4. How a pre-order is placed and when a contract is formed
You place a pre-order by completing the checkout on our website and paying the deposit. Placing a pre-order is an offer by you to enter into a pre-order contract with us on these terms.
A contract between us is formed only when we send you an order confirmation. If we are unable to accept your pre-order, we will tell you and refund any deposit paid.
5.The Deposit
To reserve a Product, you pay a deposit at the time of pre-order. The deposit amount is shown and confirmed to you at checkout before you pay. The deposit:
reserves a Product for you and secures your place in our pre-order queue;
is part-payment towards the total price of the Product (see Section 6); and
is fully refundable in the circumstances set out in these terms and in our Cancellation Policy and Refund Policy.
We hold the deposit as part-payment of the price. The balance becomes payable before dispatch, as set out below.
6. Price and payment
The Product is sold at a total price made up of the deposit, payable now, and the remaining balance, payable before dispatch. All prices include VAT. The total price, the deposit and the balance that apply to your pre-order are shown and confirmed to you at checkout before you place your pre-order, so you know the full amount payable up front, and are set out again in your order confirmation.
When the Product is ready for dispatch, we will contact you and issue an invoice for the balance. We will only dispatch the Product once the balance has been paid in full and the Product is UKCA marked. If the price of the Product changes after your pre-order, the price that applies to you is the price confirmed to you at the time of your pre-order, unless we agree otherwise with you in writing.
7. Estimated timing
Any dates we give for the availability or dispatch of the Product are estimates only and are not guaranteed. Because the Product is in development and subject to regulatory clearance, timing may change. We will keep you informed of material changes to the expected timeline, and your cancellation and refund rights (Sections 8 and 9) apply if you no longer wish to wait.
8. Your right to cancel and to a refund
You may cancel your pre-order and receive a full refund of your deposit at any time before your Product is dispatched, for any reason. This is in addition to your statutory rights below.
Separately, as a consumer buying at a distance, you have a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your order. For goods, this cancellation period runs until 14 days after the day you receive the Product. Nothing in these terms removes or shortens your statutory cancellation rights.
How to cancel, and how and when we refund you, is set out in our Cancellation Policy and Refund Policy, which form part of these terms.
9. If the Product is not UKCA marked, or we change, delay or cannot supply it
If the Product does not obtain UKCA marking. As set out in Section 3, it is a condition of your pre-order that the Product is successfully UKCA marked before it is supplied to you. If the Product does not obtain UKCA marking - including where certification is refused or withdrawn, or where we determine that the mark will not be obtained - this pre-order contract will end automatically, and we will refund your deposit and any other sums you have paid to us in full, without you needing to request it, as soon as possible and in any event within 14 days of that determination.
If we otherwise change, delay, or cannot supply the Product. If, before dispatch, we make a significant change to the Product that materially affects what you pre-ordered, the Product is significantly delayed beyond the estimated timeline, or we decide not to bring the Product to market, we will tell you, and you may cancel your pre-order and receive a full refund of your deposit (and any other amount you have paid to us).
In each of the circumstances in this Section, your remedy is a full refund of what you have paid; this does not affect your statutory rights, including any rights you have if the Product supplied to you is faulty or not as described.
10. Your consumer rights are not affected
If you are a consumer, you have legal rights in relation to any Product that is faulty, not as described, or not fit for purpose, under the Consumer Rights Act 2015. Nothing in these terms affects those legal rights. Advice about your legal rights is available from your local Citizens Advice or Trading Standards office.
11. Our responsibility for loss or damage
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for any breach of your statutory rights as a consumer.
Subject to the paragraph above, we are not liable for delays or availability of the Product to the extent caused by the development and regulatory-clearance process, save that your right to cancel and obtain a full refund under these terms applies.
12. Your information
We handle your personal information in accordance with our Privacy Policy, available at www.sensore.health/privacy. We use the details you provide to process and manage your pre-order and to contact you about it.
13. Complaints and contact
If you have any questions or a complaint, please contact us at info@sensore.health and we will do our best to resolve it.
14. Governing law
These terms are governed by the law of England and Wales, and disputes may be brought in the courts of England and Wales. If you are a consumer resident elsewhere in the UK, you retain the benefit of any mandatory protections of the law of the part of the UK in which you live.