Allay® Terms and Conditions

Terms & Conditions

THIS AGREEMENT SETS FORTH THE LEGAL TERMS AND CONDITIONS (“TERMS”) FOR YOUR USE OF ALLY MENSTRUAL PAIN THERAPY THROUGH ALLAY ONLINE PURCHASING STORES OR ALLAY CALL CENTERS (“ALLAY STORES”) AND ANY OTHER WEBSITE OWNED AND OPERATED BY BIOELECTRONICS CORPORATION (“BIEL”) AND FOR YOUR PURCHASE AND/OR USE OF ANY BIEL GOODS OR SERVICES IN THE UNITED KINGDOM (“UK”) AND THE UNITED STATES OF AMERICA (“USA”). IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE ALLAY.

BIEL RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE GOODS AND SERVICES PROVIDED THROUGH ALLAY STORES AT ANY TIME, BY CONTINUING TO USE ALLAY STORES OR PURCHASE GOODS OR SERVICES FROM BIEL AFTER POSTING OF SUCH CHANGES ONLINE, YOU AGREE TO BE BOUND BY SUCH CHANGES.

ORDER AND PAYMENT TERMS

If you order products from BIEL, you agree that products purchased are for your own private and domestic use only. Additionally, you hereby certify that any e-mail account you provide to BIEL is registered to you, and that email is an acceptable form of communication for primary correspondence.

In ordering products from Allay Stores, payment must be received by BIEL prior to acceptance of an order. You hereby agree that the information you provide in ordering products from BIEL is true, current, accurate, and complete. Acceptable forms of payment include credit and debit cards issued by banks in the UK and USA. BIEL conditions its acceptance of your order on your agreement to the Terms.

The total purchase price is subject to the product price plus any applicable taxes or fees in effect on the day of purchase, and shipping and handling charges.

LOYALTY PROGRAM TERMS

Purchase of a “Loyalty Program” product or promotion automatically enrolls you into the Loyalty Program and an account (“Account”) is established.  Following your enrollment into the Loyalty Program, delivery of an n-month supply (where n is the number of products) of Allay will occur without any further action on your part. You will continue to receive Loyalty Program shipments every n months until BIEL receives your cancellation notice.  Simply contact a customer service representative to cancel your future shipments.

For instance, if you purchase a “Loyalty Program 3-Pak”, you will receive one 3-month supply of Allay Menstrual Pain Therapy every 3 months. 

You have the right to withdraw from the Loyalty Program without charge and without giving any reason 30 days prior to shipment of your next order. To withdraw, you must confirm your cancellation with a Customer Service Representative. You do not have the right to withdraw from a transaction once delivery of the product has started, at which point your transaction is final.

The Loyalty Program will use the introductory method of purchase for subsequent shipments.  Your credit card is subject to charges, including the promotional price of the product and taxes or shipping and handling charges applicable on the date of shipment processing. In order to designate different method of payment, you must contact a Customer Service Representative. The change in payment method may temporarily disrupt your shipping schedule.

BIEL reserves the right to modify the price of this product and/or shipping and handling charges at any time. Should a change in program pricing occur, BIEL will honor your current pricing structure as long as you are still a member of the Loyalty Program in good standing (i.e. without interruption in service or cancellation).

RETURNS POLICY

If you receive a faulty device, have packaging information ready and contact a Customer Service Representative to receive a replacement device. You will be required to return the faulty device in its original packaging within 7 business days of requesting a new device. Once the original product is received by Customer Service, a replacement product will be sent to you at no additional cost. If you fail to meet these Terms, you will be charged for the replacement product plus any applicable shipping and handling charges in effect on the day of shipment.  Shipping and handling fees are not eligible for refunds.

Refunds will only be granted if the product is returned in the original packaging, seal unbroken, within 30 business days from the original date of shipment. Returned products will be subject to inspection and a refund will be granted at the sole discretion of BIEL and/or its contractors.

In the event of a price reduction or promotional offering subsequent to purchase, no refund or price adjustment will be granted.

SHIPPING

Unless otherwise noted, BIEL will use its commercially reasonable efforts to ship products within 24 hours of the receipt of a properly completed order. However, any delivery or shipment date provided by BIEL to you is only a good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Products may be sent to you in installments. BIEL shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.

 

 

LIABILTY

This Liability section applies only to the extent permitted by law. For the avoidance of doubt, BIEL does not exclude or limit any liability for (a) personal injury where such injury results from negligence or willful default, or that of BIEL’s employees, agents or subcontractors or (b) fraudulent misrepresentation. BIEL does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services.

BIEL will do its best to correct errors and omissions as quickly as practicable after being notified of them. TO THE FULLEST EXTENT PERMITTED BY LAW, A THIRD PARTY IS PROVIDING THE WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SHOP ON TV DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

BIEL does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the use of the buyallay.co.uk website or for any products or services purchased from BIEL. BIEL will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.

Canadian law shall govern every aspect of these Terms concerning purchases made from this web site.

INTELLECTUAL PROPERTY

You agree that the product you receive contains proprietary information and material that is owned by BIEL and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the product in compliance with these Terms. No portion of the product or materials may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the product in any manner.

All site and product materials, including, without limitation, are owed by BIEL. This includes the compilation of content, postings, and descriptions of those resources. The use of any part of the product or content, except for use of the service as permitted herein, is strictly prohibited and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

BIEL, the BIEL logo, Allay Menstrual Pain Therapy, and other BIEL trademarks, service marks, graphics, and logos used in connection with the product are trademarks or registered trademarks of BioElectronics Corporation in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

You agree not to violate, circumvent reverse-engineer, disassemble, or otherwise tamper with any element of the device—or to attempt or assist another person to do so.

TERMINATION

BIEL reserves the right to modify, suspend, or discontinue sale of this product at any time and will not be liable to you or to any third party should it exercise such rights. To the extent possible, BIEL will warn you in advance of any modification, suspension or discontinuance of service. Termination of the service will not affect the products that you have already acquired. However, you may be unable to authorize additional future purchases.

MISCELLANEOUS

These Terms constitute an Agreement (“Agreement”) between you and BIEL and governs your use of the product(s) and/or service(s), superseding any prior agreements between you and BIEL. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BIEL’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. BIEL will not be responsible for failures to fulfill any obligations due to causes beyond its control.

BIEL may notify you with respect to your account by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.

PRIVACY POLICY

Your privacy is important to BIEL, and therefore, a Privacy Policy has been developed to cover collection, use, disclosure, transfer, and storage of your information.

Collection and Use of Personal Information

BIEL may request personal information from you at any time you are in contact with BIEL or its’ affiliates. Personal information is data that can be used to uniquely identify or contact a single person. This information may include, without limitation, your name, shipping and billing addresses, telephone number, email address, contact preference, and credit or debit card information. BIEL and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. BIEL may also use personal information for internal purposes such as auditing, data analysis, and research to improve BIEL’s products, services, and customer communications.

The personal information BIEL collects will help develop, deliver, and improve products, services, content, and advertising. It will also allow BIEL to provide you the latest product announcements, literature, and upcoming events. You may opt out of receiving these communications.

BIEL may also use your personal information to send important notices, such as communications about purchases. Because this information is important to your interaction with BIEL, you may not opt out of receiving these communications.

Service Providers

BIEL shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in BIEL’s products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever BIEL operates.

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for BIEL to disclose your personal information.

BIEL may also disclose information about you if it determines that disclosure is reasonably necessary to enforce these Terms or protect BIEL’s operations or users. Additionally, in the event of reorganization, merger, or sale BIEL may transfer any and all personal information it collects to the relevant third party.