Terms and Conditions
These Terms and Conditions apply to all purchases of Goods which are sold by Kuitech Ltd., trading as Myo-Band. By placing an order on this website or with us directly, you agree to abide by these Terms and Conditions.
We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website or sent as a letter if you are purchasing as a distributor. It is your responsibility to read the Terms and Conditions on each occasion that you use this website, and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
In these Terms and Conditions (the “Conditions”) the following words shall have their corresponding meaning:
“Buyer” the person(s), firm or company who purchases the Goods from the Company.
“Company” Kuitech Ltd. registered in England Reg. No. 07803855.
“Goods” any Goods agreed to be supplied to the Buyer by the Company (including any part or parts of them).
“Delivery Date” the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller.
“Contract” any agreement between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
1. Basis of Sale
1.1. The Buyer represents that information provided when placing its order is up-to-date, materially accurate and is sufficient for the Seller to fulfil the Buyer’s order.
1.2. The Buyer represents that it has legal capacity to enter into a contract. No warranty, commitment or any other obligation should be assumed by the Buyer on the Seller’s behalf or on behalf of a Goods manufacturer, licensor or supplier without the Seller’s express prior written consent.
1.3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations.
1.4. No variation to these Conditions shall be binding unless prior agreed in writing between the authorised representatives of the Buyer and the Seller.
1.5. Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.
1.6. The liability of the Seller to the Buyer for breaking any of these Conditions is limited to refunding any money already paid by the Buyer for Goods that have not been received or that have been returned within the agreed time scales and in the required condition. The Company will not be liable for any other loss or damages, unless the loss or damages are caused by negligence.
1.7. Any typographical, clerical or other accidental errors or omissions on the website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. If we discover an error in the price of Goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the Goods, you will receive a full refund.
1.8. Any information (and accompanying material) provided by the Company is not intended to replace the attention or advice of a physician or other health care professional. Anyone wishing to embark on any dietary, drug, exercise or other lifestyle change intended to prevent or treat a specific disease or condition should first consult and seek clearance from a qualified health care professional. The Company strongly advises that anyone who is currently taking medicinal products and/or suffer from any form of medical disorder should consult their doctor prior to using any products advertised on the website. Kui-Tech Ltd. trading as Myo-Band strives to ensure that the information on this site is as accurate as possible but does not accept responsibility or liability for any inaccuracies.
2.1. All prices are inclusive of VAT where applicable. Costs of carriage are those applicable at the time, as advertised and noted at the point of order.
2.2. Confirmation of the order by the Buyer signifies acceptance of these charges.
2.3. The company reserves the right to alter prices at any time prior to delivery.
3.1. Delivery of the Goods shall be made by the Seller delivering the Goods to the place in UK or outside UK as specified in the Buyer’s order, and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller.
3.2. If the delivery address is outside UK, the Buyer shall be responsible for complying with any legislation or regulation governing the importation of the Goods into and selling of the Goods in the country of destination and is liable for all import duties and procedures thereof. For the avoidance of doubt, the Company does not warrant that any products purchased by the Buyer comply with all statutory requirements and regulations relating to the sale of the Goods in any jurisdiction outside of Hong Kong and it is the sole responsibility of the Buyer to ensure compliance.
3.3. The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
3.4. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions, or any claim by the Buyer in respect of any one or more instalments, shall not entitle the Buyer to treat the Contract as a whole as repudiated.
3.5. If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to arrange for the storage of the Goods. Notwithstanding the provision of Clause 8.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place (signed for or left in a safe place not signed for service) and the Buyer shall pay to the Seller all costs and expenses, including storage and insurance charges arising from such failure.
4. Damage/Loss in Transit
4.1. The Company accepts no liability for any loss resulting from the Buyer’s failure to comply with our carrier’s requirements with respect to notification of damage, shortage or non-delivery of Goods.
4.2. Goods should be inspected on receipt and damage/shortages advised in writing to the carriers and ourselves within 5 days.
4.3. Damaged Goods must be retained for inspection at the company’s discretion.
4.4. Damaged Goods returned to the company will only be accepted if previously agreed in writing.
4.5. Non-delivery must be advised in writing to the carriers and ourselves within 10 working days of date of order.
5.1. Returns of Goods supplied in accordance with Buyer’s orders cannot be accepted without the prior written consent of the company.
5.2. Returned Goods must be sent carriage paid.
6.1. Payment for the Goods and any applicable delivery charges can be made by any method shown on the Seller’s website at the time you place your order. Refunds will generally be made by the same means of a credit to your chosen method of payment.
6.2. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
6.3. There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
6.4. In certain circumstances we may require verification of identity and/or an address in order for us to comply with payment processing procedures. The following are considered acceptable forms of verification documentation.
Identity (must be valid):
1. Current valid “full” passport; or
2. Provisional or full (photo) driving license; or
3. Government issued National Identity Card (for some countries)
1. Copy of a recent utility or tax bill. The document must be no more than 3 months old. Mobile phone bills are not acceptable; or
2. An account or credit card statement from a bank we recognise. The statement should be the most recent available statement. Statements featuring a “care of” address are not acceptable. Non-bank cards, including gym cards, store cards and student cards are not acceptable; or
3. A recent mortgage statement from a lender known to us. The company reserves the right not to supply Goods without verification of identity and/or address.
6.5. The Company reserves the right to charge interest on late payments in accordance with the Late Payment of Commercial Debts [Interest] Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and to suspend further deliveries.
6.6. If due to default in payment the Company incurs additional costs in collecting the debt such as legal or debt collection fees etc then the defaulting Buyer will be held liable for all of these costs.
7. Risk and Title
7.1. Risk shall pass to the Buyer when the Goods are delivered to or collected by the Buyer or his agent.
8. Retention of Title
8.1. It is a term of the Contract for sale of any Goods herein that the Goods shall remain the property of the Seller until such time as payment in full has been received and cleared. In the event of any default in payment the Seller reserves the right to reclaim the Goods concerned.
9.1. Unless otherwise stated, the design and layout of this website, and all the material published on this website, including text, graphics, photos, logos and attached documents, is the copyright of Kui-Tech Ltd. You may not copy any materials from this website without prior permission.
10. Jurisdiction and Applicable Law
10.1. Each party irrevocably agrees that the courts of UK shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).
10.2. The above terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of UK.
Social Competition Terms and Conditions
Kuitech T/A Myo-Band (company no. 07803855) whose registered office is at Kuitech Ltd, Hewitt House, Winstanley Road, Billinge WN5 7XA.
The competition is open to people aged 14 years or over except employees of Myo-Band and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
There is no entry fee and no purchase necessary to enter this competition.
Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.Closing date for entry will be 11.59 GMT on the 3rd of November 2019. After this date no further entries to the competition will be permitted. No responsibility can be accepted for entries not received within the competition timeframe.
How to enter:
To enter via Facebook the entrant must ‘Like’ Myo-Band’s competition post and give a comment that states the entrant’s favourite villain. The villain can be from a film, the television or any form of literature but must a fictional character and not based on a specific individual. To enter via Instagram the entrant must ‘Like’ Myo-Bands post, repost it on their own Instagram, either on your own feed or your story, and give a comment that states the entrant’s favourite villain. The villain can be from a film, the television or any form of literature but must a fictional character and not based on a specific individual.
The prize is as follows:
1x Oblivion and 1x Joker Performa Shaker.
Winners will be chosen at random by Myo-Band. The winner will be notified by email and/or DM on Instagram/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. Myo-Band will notify the winner when the prize is due to be delivered.
Myo-Band reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible. Myo-Band is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
Myo-Band’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK & EU data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. Entry into the competition will be deemed as acceptance of these terms and conditions.This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network.