deprexis® terms and conditions of sales
1. These terms
- What these terms cover. These are the terms and conditions on which we sell the digital therapy known as deprexis® (the Product) in the United Kingdom. We distribute deprexis® in the United Kingdom on behalf of its manufacturer, GAIA AG of Hans-Henny-Jahnn-Weg, 53 22085, Hamburg Germany whose website is at www.gaia-group.com (GAIA). The Responsible Person for the Product in the United Kingdom is Emergo Consulting (UK) Limited of Compass House Vision Park Histon c/o Cr360 – UL International, Cambridge, CB24 9BZ.
- Why you should read them. Please read these terms carefully before you submit your order to us via www.deprexis.co.uk (the Website). These terms tell you who we are, how we will provide the Product to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or would like to make any changes, please contact us to discuss.
2. Information about us and how to contact us
- Who we are. We are Ethypharm Digital Therapy SAS, a private limited company registered in France with its address at 194 Bureaux de la Colline, Bâtiment D – 12ème étage, 92213 Saint-Cloud Cedex, France. The registered address of our branch establishment in Great Britain is Bampton Road, Harold Hill, Romford, RM3 8UG.
- How to contact us. You can contact us by using the contact form available on www.deprexis.co.uk or writing to us either at our address in England or our address in France, both of which are set out above.
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
- Placing an order with us directly. You can place an order with us directly by accessing our Website. When you order the Product you will be asked to provide your explicit consent to the processing of your personal data by us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.
- Your invoice number. When we accept and process your purchase, you will receive an invoice with an invoice number. It will help us if you can tell us the invoice number whenever you contact us about your purchase.
- Where we sell the Product. These terms and conditions govern the sale of the Product to consumers located in the United Kingdom only.
4. the Product
- Product. The Product is a class I medical device registered in the United Kingdom with the Medicines & Healthcare products Regulatory Agency under reference number 19838. The Product provides therapeutic methods and exercises based on evidence-based psychological and psychotherapeutic therapies for patients with unipolar depression or depressive disorders, to help them manage their depression or depressive disorder. The Product is intended as a self-application therapy that is supplemental to care-as-usual for patients 18 years of age or older. The Product can be used for a period of 90 days. The Product is intended neither to replace treatment provided by a healthcare provider nor to provide information which is used to take decisions for diagnostic or therapeutic purposes.
- How the Product works. The Product is an interactive online program intended to be used independently by patients with unipolar depression or depressive disorders. It consists mainly of recognised treatment elements from cognitive behavioural therapy. The Product contains exercises and techniques for dealing with your condition. It also provides information on how to maintain a healthy lifestyle, and support with putting this into practice. The Product provides you continuously with a choice of responses which you can select in order to align the content with your needs and preferences. At your request, the Product will send you regular emails and text messages to help you delve deeper into the content of the exercises and integrate them in your daily routine.
- We are not responsible for delays outside our control. If our provision of the access code or the Product 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 the Product you have paid for but not received.
- What to do if you do not receive access to the Product. If you do not receive your access code or your invoice within 24 hours, please check that this has not been automatically sent to your Junk folder by mistake. If you cannot find it, please let us know and we will arrange for this to be re-sent to you via e-mail, unless we have notified you that we cannot accept your order.
- Reasons we may suspend access to the Website. We may have to suspend access to the Website to:
- deal with technical problems or make minor technical changes;
- to update digital content on the Website; or
- update the Website to reflect changes in relevant laws and regulatory requirements.
- Your rights if we suspend the Website. We will contact you in advance to tell you that we will be suspending access to the Website, unless the problem is urgent or an emergency. Please note that any suspension of the Product itself will be subject to the separate terms and conditions on which GAIA provides the Product to you and is not within our control.
5. Your obligations
- Your obligations for using the Product. By placing an order for the Product, you agree that you are eligible to use the Product, will carefully read the instructions for use before use and agree to use the Product in accordance with the instructions for use.
- You also agree to keep your log-in details and access code for the Product confidential. You must not disclose them to any other person.
6. No right to cancel
- You cannot change your mind once you have access to the Product. As the Product comprises digital content, once you have paid for your order and received access to the Product you will not be able to change your mind. Before you complete your order and receive your access code you will have expressly consented to the supply of the Product before the expiry of the 14-day cancellation period, and expressly acknowledged that as a result you will lose your right to cancel in accordance with Regulation 37 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. As part of the order process, you will need to tick a box to indicate your consent and acknowledgement of this before being able to proceed with your purchase of the Product. Please ensure that you read this carefully and that you understand that you will not be able to cancel your order once this has been confirmed and you have access to the Product.
7. Our rights to end the contract
- We may end the contract if you break it. We may end the contract for the Product at any time by writing to you if you break the contract by not complying with the conditions for accessing the Product imposed by us or GAIA.
- You must compensate us if you break the contract. If we end the contract in the situation set out in clause 7.1 we will refund any money you have paid for the Product we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- Right to a refund if GAIA stops providing the Product. If GAIA stops providing access to the Product when it is not entitled to under its own terms and conditions and does not rectify this reasonably promptly, we will refund all, or a reasonable proportion of, the sums you have paid in advance for the Product.
8. If there is a problem with the Product
- How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can contact our customer service team using the contact form on the Website.
9. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH THE PRODUCT
- Your rights if there is an issue with our Product. We honour our legal duty to provide you with the Product that is described on our Website and that meets all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
- The Consumer Rights Act 2015 says that digital content must be as described, fit for purpose and of satisfactory quality. If the Product is faulty you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
10. Price and payment
- Where to find the price for the Product. The price of Product is available on the Website or you may contact us for pricing details. The price of the Product (which includes VAT) will also have been set out on the order pages of the Website when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. If you think the price quoted by us is wrong, please contact us promptly to let us know.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, the Product may be incorrectly priced. We will normally check prices before accepting your order so that, where the 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, and refund you any sums you have paid.
- When and how you must pay. You must make a one-off payment online for the Product when placing an order on the Website. The Product is sold at the price indicated on the Website in force on the day that you place your order.
11. Our responsibility for loss or damage suffered by you
- We are responsible to you for reasonably foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Product, including that they are as described and match the information provided to you; are of satisfactory quality; are fit for any particular purpose made known to us; and are being supplied with reasonable skill and care; and liability under the Consumer Protection Act 1987.
12. How we may use your personal information
13. Other important terms
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 is unlawful, the remaining paragraphs will remain in full force and effect.
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.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Product in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Product in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Product in either the Northern Irish or the English courts.