TERMS AND CONDITIONS

Transcription

1 TERMS AND CONDITIONS 1 Interpretation In these Conditions the following definitions apply: Conditions Contract Delivery Location Goods Order Privacy Policy Value Added Tax or VAT we, us or our means the terms and conditions set out in this document; means the legally- binding agreement between us and you for the sale and purchase of Goods which incorporates these Conditions; means the address for delivery of the Goods as set out in the Order; means the goods and related accessories, consumables and documentation as set out in an Order; means your order for the Goods from us, as set out in your order form supplied through the website; means our statement about the use of your customer information and our contact details for the purposes of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as these may be amended or re- enacted from time to time) set out on our website; means value added tax under the Value Added Tax Act 1994 or any other similar sale or fiscal tax applying to the sale of the Goods; means Applied Microcurrent Technology (Equine) Limited, registered office: Pharmacy Chambers, High Street, Wadhurst, East Sussex, TN5 6AP, Company No Application of these Conditions 2.1 Any price or quotation provided by us for the provision of Goods prior to you submitting an Order: is for information purposes only. It is not a binding offer by us to supply Goods on the terms of the quotation and these Conditions; and will be valid for 28 days only from the date of issue When you place an Order to purchase Goods from us and tick the box indicating your acceptance of these Conditions, you make a binding offer to purchase those Goods in accordance with these Conditions After your placing of an Order, we will you an acknowledgement of receipt of your Order. This does not mean that your Order has been accepted. 1

2 2.1.5 We reserve the right at all times to reject any Order, in whole or in part, at our sole discretion A Contract will be formed in respect of the Goods described in our acceptance of your Order, upon the sending by us of an to you confirming that your Order has been accepted and is being processed We will not accept any variation to these Conditions, an Order or quotation from us unless the variation is expressly agreed by us and confirmed by . 3 Price 3.1 The price for the Goods will be as set out in the Order or in default of such provision will be calculated in accordance with our standard scale of charges in force on the date of your Order as set out on our website. 3.2 The price: Includes delivery, and includes Value Added Tax. 4 Payment 4.1 You must pay for the Goods included in your Order by submitting your credit or debit card details with your Order. We will deduct payment for the Goods set out in our acceptance notice of your Order. 4.2 VAT will be charged by us and paid by you at the then applicable rate. 5 Delivery 5.1 We will endeavour to deliver the Goods to the Delivery Location on the date[s] specified in our acceptance notice of your Order but we will generally deliver the Goods by first class post or courier (at our election). We will deliver Goods to you within 2 days of our acceptance of your Order, unless exceptional circumstances or events beyond our reasonable control prevent us doing so. 5.2 Where you or your addressee at the Delivery Location fails to take delivery of the Goods, we shall be entitled to charge our additional, reasonable costs of redelivering the Goods if you request redelivery. 5.3 If we accept an Order for delivery to a Delivery Location outside of the UK, you may be subject to import duties or other taxes in addition to VAT. These import duties or other taxes are outside our control and must be borne by you. 6 Title and risk 6.1 Risk in the Goods will pass to you on delivery. We will not be liable for any loss or destruction of the Goods occurring after they are delivered to you. 6.2 Ownership to the Goods will pass to you on delivery. 2

3 7 Cancellation rights 7.1 You may cancel any Order at any time in writing to us up to the end of the fourteenth business day from the date of delivery of the Goods, other than Goods which are: made to your specifications or are clearly personalised; audio or video recordings or computer software supplied in sealed packaging, if they are unsealed by you; 7.2 If you cancel an Order after delivery of the relevant Goods, you must send the Goods back to us at your own cost and expense. You must take reasonable care of the Goods and they must be returned to us in their original, unopened packaging. You remain liable for the Goods, including for their accidental loss or destruction, until delivery of the Goods back to us. 7.3 We shall reimburse you any sums paid by you for the Goods as soon as possible and in any event within 30 days of receipt of cancellation of your order, less our reasonable direct costs of recovering the Goods if you fail to pay the costs of sending the Goods back to us, subject to your taking reasonable care of the Goods until delivery of them back to us. 8 Warranty 8.1 We warrant that upon delivery and for a reasonable period after delivery, which we consider will be for a period of 12 months from delivery, the Goods will: conform in all material respects to their description; be free from material defects in design, material and workmanship; be of satisfactory quality; and 8.2 We will, at our option when it is reasonable to do so, repair, replace or refund the price of defective Goods, provided that and subject to condition 9: you inform us promptly on discovery that some or all of the Goods do not comply with condition 8.1: you give us a reasonable opportunity to examine the defective Goods; you return the defective Goods to us. 8.3 These Conditions will apply to any Goods repaired or replaced under condition We will not be liable for any failure of the Goods to comply with condition 8.1 where that failure is reasonably the result of your use of the Goods: in the normal course of use of the Goods or as a result of wilful damage or your negligence; to the extent caused by your failure to comply with our or the Goods' manufacturer s reasonable instructions supplied or included with the Goods as to storage, installation, commissioning, use or maintenance of the Goods; where you repair or alter any Goods without our prior written agreement; or 3

4 8.4.4 where you use any of the Goods after notifying us that it does not comply with condition (Your attention is drawn specifically to this clause) This device is only for use specifically as directed on horses. Applied Microcurrent Technology (Equine) Limited or its distributors, employees, agents and directors cannot take any responsibility for any use of this product other than as specifically directed or on any other animal or human. 9 Liability 9.1 Nothing in these Conditions is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so, including: for death or personal injury caused by our negligence; or for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for fraud or fraudulent misrepresentation. 9.2 We will be liable to you for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of these Conditions. Except in unusual or exceptional circumstances, we expect these losses to be limited to the price for the Goods concerned per incident or series of related incidents caused by the failure of any Goods. 10 Intellectual Property, Registered Designs, Copyrights & Trademarks Copyright and all other intellectual property rights in the Products shall remain at all times the property of the Company. You shall acquire no rights in the Products and may not reproduce, copy, duplicate, transmit, publish, display, distribute or sell any of the products developed on behalf of The Company without our written consent. 11 Third Party Accessories The goods are only CE approved for use with our plugs, cables and Arc Pads. We do not permit our products to be used with any accessories supplied by third parties, even if CE approved, and you agree not to use third party accessories. 12 The success of the goods is neither guaranteed nor implied. 13 General 13.1 Time Unless stated otherwise, time is not of the essence of any date or period specified in these Conditions Notices Notices under this Agreement will be in writing or and sent to the persons and addresses set out in the Order. They may be given, and will be deemed received: by first- class post: two Business Days after posting; by airmail: seven Business Days after posting; 4

5 by hand: on delivery; by facsimile: on receipt of a successful transmission report from the correct number, and by on receipt of a delivery or read receipt mail from the correct address Waiver No delay, act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy Rights of Third Parties This Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise Priority The terms of these Conditions prevail over those of the Order Entire Agreement The Contract constitutes the entire agreement between you and us in relation to its subject matter. No other terms apply Succession This Contract will bind and benefit each of your or our successors and personal representatives Data Protection We will use your customer information only in accordance with our Privacy Policy Governing Law & Jurisdiction This Contract will be governed by the law of England and Wales Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales. 5