Consumer Terms & Conditions
These Terms apply only to Consumers — that is, individuals purchasing or hiring Goods or Equipment wholly for personal use, outside any trade or business. If you are a business customer, these Terms do not apply; please refer to the Virtus Business Terms and Conditions. If you represent yourself as a Consumer but are not, the Business Terms will apply. You have additional legal rights as a Consumer under the Consumer Rights Act 2015 — these Terms do not affect those statutory rights.
1. Company Information
1.1 These Terms govern the supply of goods, equipment and services by Virtus Wellness & Sports Recovery, a trading name of Townview Hire Limited, a company registered in Northern Ireland with company number NI694529 and VAT number GB439162780, whose registered office is at 97 Maphoner Road, Mullaghbawn, Newry, Armagh BT35 9TR, Northern Ireland. 1.2 For the purposes of these Terms, references to “Virtus”, “we”, “us” or “our” mean Townview Hire Limited trading as Virtus Wellness & Sports Recovery. 1.3 These Terms apply to Consumers only. A Consumer is an individual who purchases or hires Goods or Equipment wholly for personal use and not in connection with any trade, business or profession. 1.4 You can contact us at: sales@virtuswellnessandperformance.com | virtuswellnessandperformance.com | +44 (0)7491 970422 | 97 Maphoner Road, Mullaghbawn, Newry, Armagh BT35 9TR, Northern Ireland.
2. Definitions
In these Terms the following expressions have the following meanings: “Agreement” or “Contract” means the contract formed when Virtus accepts your Sales Order. “Business Day” means any day other than a Saturday, Sunday or public holiday in Northern Ireland. “Consumer” means an individual purchasing or hiring Goods or Equipment wholly for personal use outside any trade or business. “Commencement Date” means the date Virtus confirms acceptance of your Sales Order. “Deposit” means the refundable security deposit payable under a Hire or Hire-to-Purchase Agreement. “Equipment” means any item supplied by Virtus under a Hire or Hire-to-Purchase Agreement. “Equipment Value” means the full purchase price of the Equipment as set out in the Sales Order. “Goods” means any items supplied by Virtus under an Outright Purchase Agreement. “Hire Agreement” means a contract for the rental of Equipment from Virtus for a Rental Period. “Hire-to-Purchase Agreement” means a contract under which you hire Equipment with the option to purchase it, with rental payments credited against the purchase price. “Hire Period” means the period during which Equipment is rented. “Outright Purchase Agreement” means a contract for the outright sale of Goods to you. “Rental Period” means the actual duration for which Equipment is hired. “Sales Order” means the order form issued by Virtus confirming the Goods, Equipment, price and terms. “Services” means any installation, commissioning or training provided in connection with the supply.
3. Your Statutory Rights (Consumer Rights Act 2015)
3.1 As a Consumer you have statutory rights under the Consumer Rights Act 2015. These Terms do not affect those rights and nothing in these Terms is intended to limit or exclude them. 3.2 Under the Consumer Rights Act 2015, all Goods and Equipment we supply must be: (3.2.1) of satisfactory quality — free from defects and of a standard a reasonable person would regard as acceptable; (3.2.2) fit for purpose — suitable for the purpose for which they are commonly supplied and any specific purpose you make known to us; (3.2.3) as described — matching any description we have given to you. 3.3 If Goods or Equipment are defective within 30 days of delivery, you have the right to reject them and receive a full refund. After 30 days and within 6 months of delivery, you are entitled to a repair or replacement in the first instance. If a fault arises within 6 months of delivery it is presumed to have been present at delivery unless we can prove otherwise. After 6 months you may need to demonstrate the fault was present at delivery. 3.4 Your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may apply where these Terms are agreed remotely or away from our premises. Where applicable, you have 14 days from delivery to cancel. This right does not apply to Goods that have been made to your specification or that have been used.
4. Basis of Agreement
4.1 No contract is formed until Virtus issues a Sales Order and you accept it by virtual signature, written acceptance, or by accepting delivery. 4.2 Any quotation is valid for 15 days only and does not constitute a binding offer. 4.3 No variation to these Terms is binding unless agreed in writing. 4.4 Virtus reserves the right to refuse any order.
5. Types of Agreement
Virtus offers three types of arrangement for Consumers. The Sales Order will specify which applies: 5.1 Outright Purchase: 5.1.1 You purchase Goods outright. Title passes to you on receipt of full payment. Risk passes on delivery or installation, whichever is later. 5.1.2 Finance may be available through Virtus's third-party finance partners. 5.2 Hire (Rental): 5.2.1 Virtus supplies Equipment to you for a Hire Period. Title remains with Virtus at all times. Risk passes to you on delivery or installation. 5.2.2 The minimum Hire Period is 3 months. 5.2.3 Monthly rental payments are payable in advance. The first payment includes the Security Deposit. 5.2.4 To end a Hire Agreement, you must submit a written cancellation form. Virtus will collect the Equipment no sooner than 2 weeks from receipt of your cancellation form. Rental payments continue until collection. 5.2.5 A cleaning and collection fee applies unless you have hired for longer than 2 months. 5.2.6 Following collection, Virtus will inspect the Equipment within 4 weeks. Your Security Deposit will be refunded in full if the Equipment is returned in good condition, subject to normal wear and tear. 5.3 Hire-to-Purchase: 5.3.1 You hire Equipment with the option to purchase it during or at the end of the Hire Period. 5.3.2 The purchase price is calculated as: Equipment Value less the Security Deposit and less rental payments made, up to a maximum credit of 6 months' rental payments. 5.3.3 You may exercise the purchase option at any time by notifying us in writing and paying the balance of the purchase price. 5.3.4 Title passes to you only on receipt of the full purchase price. 5.3.5 It is possible that if you do not exercise the purchase option you may pay more in total than the Equipment Value. No refund will be due in that event.
6. Price and Payment
6.1 The price is that set out in the Sales Order. 6.2 All prices are exclusive of VAT unless stated otherwise. VAT will be charged at the applicable rate. 6.3 Where a price increase arises from factors beyond our control (including currency fluctuations or changes in duties) we will notify you before delivery. As a Consumer you have the right to cancel the Sales Order if you do not accept the increased price, provided the increase is not due to your own request. 6.4 Under Hire and Hire-to-Purchase Agreements, monthly payments are due in advance. 6.5 Under Outright Purchase Agreements, payment is due as specified in the Sales Order. 6.6 Virtus does not offer credit directly. We can introduce you to approved third-party finance providers. Virtus is not responsible for the terms of any credit agreement between you and a third-party provider. 6.7 If any payment is overdue we may: (a) suspend delivery; (b) charge a late payment fee of £100 plus interest at 6% per annum above the Bank of England base rate; and (c) cancel the Agreement.
7. Delivery, Installation and Risk
7.1 Delivery and installation will be made to the address in the Sales Order. 7.2 Delivery dates are estimates only. We will not be liable for delays caused by circumstances beyond our reasonable control. 7.3 Risk of loss or damage passes to you: (a) on notification that Goods or Equipment are available for collection; (b) on delivery to your address; or (c) on completion of installation, whichever applies. 7.4 Where structural alterations are required to enable delivery or collection, you are responsible for arranging and meeting the cost of those alterations.
8. Ownership and Retention of Title
8.1 Title in Goods sold outright does not pass to you until Virtus has received payment in full. 8.2 Under Hire and Hire-to-Purchase Agreements, title in the Equipment remains with Virtus until the full purchase price is paid.
9. Equipment Use and Care (Hire and Hire-to-Purchase)
9.1 You must: (a) use the Equipment only for its intended purpose; (b) ensure adequate space, ventilation and power supply; (c) follow all safety instructions; (d) keep the Equipment clean and in good condition; (e) ensure all users are appropriately trained. 9.2 You must not: (a) make alterations without our prior written consent; (b) remove any labels or safety notices; (c) pledge or charge the Equipment; (d) sub-let or transfer the Equipment to any third party. 9.3 Certain Equipment (including hyperbaric oxygen chambers) requires specialist training before use. You must ensure all relevant users are trained before use. 9.4 Children must be supervised at all times when using any Equipment and must not take toys, pens or other items into enclosed Equipment such as hyperbaric chambers. 9.5 Virtus provides the Equipment for domestic and personal use only. You must not use the Equipment for commercial, business or resale purposes.
10. Maintenance and Repairs
10.1 Virtus will maintain Equipment to manufacturer standards. All parts under normal wear and tear are included at no charge. 10.2 You must notify us immediately of any fault. You must not attempt repairs without our written consent. 10.3 If a fault is caused by your negligence or misuse, the cost of repair will be charged to you. 10.4 If Equipment cannot be used due to a fault that is our responsibility, rental costs will be waived for the period it is out of service.
11. Defective Goods and Equipment — Your Remedies
11.1 If Goods or Equipment are defective on delivery, please notify us in writing within 5 Business Days. We will, at our option, repair, replace or refund the defective item. 11.2 Within 30 days of delivery you have the right to reject defective Goods and receive a full refund. 11.3 Between 30 days and 6 months of delivery we will repair or replace defective Goods. If repair or replacement is not possible or is disproportionate, you are entitled to a price reduction or refund. 11.4 We will not be liable for defects caused by fair wear and tear, misuse, failure to follow instructions, or modifications made without our consent. 11.5 No Goods or Equipment may be returned without our prior written authorisation.
12. Health, Safety and Medical Advice
12.1 Certain products supplied by Virtus (including hyperbaric oxygen chambers) involve therapeutic use. Virtus strongly recommends that you consult a qualified medical practitioner before using any therapeutic Equipment, particularly if you have a pre-existing medical condition. 12.2 Virtus will provide safety information and operating instructions with all Equipment. You must follow these at all times. 12.3 You are responsible for ensuring that you and any other users are medically fit to use the Equipment. 12.4 You are responsible for complying with all applicable laws and regulations in the jurisdiction in which the Equipment is used, including in the Republic of Ireland and Northern Ireland.
13. Our Liability to You
13.1 We are responsible to you for foreseeable loss and damage caused by us. Loss or damage is foreseeable if it is obvious it will happen or if both parties knew it might happen at the time the Contract was made. 13.2 We are not responsible for loss or damage that is not foreseeable, or for any business loss (since we supply Equipment for personal use only). 13.3 Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any matter for which it would be illegal to limit liability; or (d) your statutory consumer rights. 13.4 Subject to the above, our total liability to you under these Terms is limited to the Contract Price (or, under Hire/Hire-to-Purchase Agreements, payments made in the 12 months before the event giving rise to liability).
14. Cancellation
14.1 Where you have entered into this Agreement remotely (online, by phone or email) or away from our premises, you may have a right to cancel within 14 days of delivery under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This right does not apply to Goods made to your specification or that have been used. 14.2 Hire and Hire-to-Purchase Agreements may be terminated after the minimum Hire Period by completing a cancellation form. The terms of Clauses 5.2.4 and 5.2.5 apply. 14.3 Outright Purchase Orders accepted by Virtus may only be cancelled with our written agreement.
15. Complaints and Dispute Resolution
15.1 If you have a complaint, please contact us in the first instance at sales@virtuswellnessandperformance.com. We will acknowledge your complaint within 2 Business Days and aim to resolve it within 14 Business Days. 15.2 If we are unable to resolve your complaint, you may be entitled to use an alternative dispute resolution scheme. Details of available schemes will be provided on request. 15.3 As a Consumer in Northern Ireland or the Republic of Ireland you may also have access to statutory dispute resolution mechanisms under applicable consumer protection legislation.
16. General
16.1 Force Majeure: Neither party is liable for failure or delay caused by circumstances beyond their reasonable control, including acts of God, pandemic, government action or industrial dispute. This does not apply to payment for Goods or Equipment already delivered. 16.2 Confidentiality: Each party must keep confidential any information received from the other that is clearly confidential. This obligation continues for 3 years after the Agreement ends. 16.3 Waiver: Failure to enforce any provision is not a waiver of the right to enforce it later. 16.4 Severance: If any provision is unenforceable the remaining provisions remain in force. 16.5 Entire Agreement: These Terms and the Sales Order constitute the entire agreement and supersede all prior discussions and representations. 16.6 Third Party Rights: No third party has rights under these Terms. 16.7 Notices: All notices must be in writing delivered by email (with read receipt), courier or registered post.
17. Governing Law and Jurisdiction
17.1 These Terms and all Agreements shall be governed by and construed in accordance with the laws of Northern Ireland. 17.2 Any dispute arising under these Terms shall be subject to the jurisdiction of the Courts of Northern Ireland, without prejudice to your rights as a Consumer to bring proceedings in the courts of your place of habitual residence. 17.3 For Consumers in the Republic of Ireland, Virtus acknowledges that Irish consumer protection legislation applies and will comply with all applicable Irish consumer law.
Acceptance of Terms
By signing a Sales Order or accepting delivery of any Goods or Equipment from Virtus, you confirm that you are a Consumer and that you have read, understood and agree to be bound by these Terms and Conditions. Virtus Wellness & Sports Recovery · Trading as Townview Hire Limited · Company No. NI694529 · VAT No. GB439162780 · 97 Maphoner Road, Mullaghbawn, Newry, Armagh BT35 9TR · sales@virtuswellnessandperformance.com · virtuswellnessandperformance.com · +44 (0)7491 970422