1. DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms and Conditions:
Reference to “we” and “us” is a reference to HCCS.
Reference to “you” is a reference to the purchaser of the Goods from us.
“Contract” means the contract between us for the sale and purchase of the Goods which incorporate these Terms.
“Terms” means these Terms and Conditions.
1.2 These terms are the only terms which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duty authorised representative and by you.
2.1 The price of Goods quoted on our website in includes VAT (Value Added Tax).
2.2 The cost of packaging and postage / carriage is included in the price.
2.3 All published prices are subject to change at any time without notice.
2.4 Minimum order is £50.
3. ORDERING GOODS ONLINE
3.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you / the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit / debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
5.2 Payment online will be made by credit or debit card. We also have the option of using PayPal. The terms and conditions of payment using PayPal can be found at www.paypal.com. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has cleared.
6.1 We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed.
6.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
6.3 You must notify us promptly and in any event within 24 hours of receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packing as this may be required when making a claim.
7.1 You will have a right to cancel an order within 7 working days from the date that you receive the Goods. Cancellation must be confirmed to us by notice in writing.
7.2 You must take reasonable care of all Goods in your possession and return them to us. They must be appropriately packaged to avoid damage, within 7 days from the cancellation date. We reserve the right to arrange collection, in which case you will be responsible for collection charges.
7.3 We will refund the purchase price to you within 30 days of the cancellation notice but we reserve the right to charge a restocking fee and any other reasonable costs we incur in connection with the return of the Goods.
7.4 In the case of Goods which are made and supplied to your specification or which have been personalised by you, you will not have the right to cancel the Contract.
8. RISK AND OWNERSHIP
8.1 The risk of loss or damage to Goods passes to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes on to you on collection (or 7 days after the agreed collection date if you have not collected the Goods by then).
8.2 Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.
8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
8.4 You have no right to re-sell any Goods until payment has been received in full by us.
9. WARRANTIES AND LIABILITY
9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
9.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
9.3 If any defects in any Goods appear within 6 months of the delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
9.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
9.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
10.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to firstname.lastname@example.org or to Hygienic Concepts Consumable Supplies Consumable Supplies Ltd, Unit 1 Miras Business Park, Lower Keys Road, Hednesford, Cannock, and Staffs WS12 2FS.
11. CUSTOMER DEFAULT
• Give us any incorrect personal information, or
• Fail to make any payment when it is due, or
• Cancel any payment, or
• Become insolvent, or
• Commit any breach of these Terms
Then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not yet been received in full.
12. FORCE MAJEURE
We won’t have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control. This includes, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and / or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
13.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
13.2 Entire Agreement: These terms govern our relationship with you and in accepting them; you confirm that no other arrangement, agreement or representation applies.
13.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
14. INTELLECTUAL PROPERTY
Where the Goods include designs, or works of art. These are prepared by a designer or artist who owns the copyright in these works. You have no right to make any copies or adaptations of any of those Goods.
15.1 If there is a dispute which we can settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
15.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
16. GOVERNMENT LAW
These Terms and the Contract between us are governed by English law.