THE COMPANY Medicircle Limited
THE CUSTOMER The corporate entity, firm or person ordering the goods from the Company. All quotations are made and orders accepted subject to the following terms and conditions and no addition thereto or variation therein shall be made unless agreed in writing by the parties. Company salesman and agents have no authority to make any representation or promise on the Company's behalf or to vary these terms and conditions.
STATUTORY RIGHTS Nothing in these Terms and Conditions affects the statutory rights of the Customer
COMSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000.
These regulations only apply when the sales transactions are NOT business to business. When a consumer buys with no face to face contact, they have the right to cancel an order which must be done in writing within 7 working days. Where the goods have already been delivered to the consumer, they are under a duty to take reasonable care of the goods until they can restore them to the Company.
QUOTATIONS AND ORDERS A quotation by the Company does not constitute an offer and the Company may withdraw or revise any quotation at any time prior to the Company's acceptance of the Customers' order. No order accepted by the Company may be cancelled or varied by the Customer except with the Company's written agreement.
PRICES The price payable is the price ruling at the time the Company accepts the Customers' order and unless otherwise stated all prices are subject to the addition of VAT and all other applicable taxes and duties at the appropriate rate.
DELIVERY All goods quoted for delivery shall be delivered to the Customer. The cost of goods delivered will be charged to The Customer as defined in the details of delivery charges in The Company's current published price list or on the web site. Time for delivery is not of the essence and The Company shall not be liable for any loss whatsoever or howsoever arising caused by its non delivery or its delay in delivering. The Customer shall notify the Company in writing within 14 days of the invoice date in the event of non delivery.
REJECTION Unless otherwise agreed, goods rejected by the Customer as not complying with the Customers' order must be rejected within 7 days of receipt by the Customer by immediate notice in writing to the Company.
RETURNS The Company reserves the right to refuse returns of any goods that conform to the Customers' order. Goods returned without the written permission of the Company cannot be accepted and will be re-directed to the Customer at the Customers' cost . The Company will not accept the return of goods for credit for whatever reason without prior written consent by the Company. Where the goods accepted for return have been supplied in accordance with the Customers' order, the goods are to be returned at the Customers' cost.
STORAGE The Customer is to take reasonable and appropriate care of any goods which are in the process of the Returns procedure. Once goods have been accepted for return the Customer is to restore them to The Company at the earliest opportunity.
PAYMENTS For Customers with an authorised credit account with The Company, all sums become due and payable under these terms and conditions not later than the last day of the month following the month in which the invoice is dated (i.e. nett monthly account). The Customer shall have no right of set off statutory or otherwise. The Company reserves the right not to process orders if accounts are overdue. For Customers without an authorised credit account, goods must be paid for before they leave the Company's premises.
RETENTION OF TITLE
- 1. Risk in the goods shall pass to the Customer when the goods are delivered to the Customer or its agent.
- 2. Notwithstanding risk in the goods passing in accordance with subclause 1 of this clause title in the goods shall not pass to the Customer until whichever shall be the first to occur of the following.
a. Payment being received by the Company for the goods and no other amount being outstanding from the Customer to the Company in respect of other goods supplied by the Company.
b. The Customer selling the goods with the provisions of these terms and conditions in which case title to the goods shall be deemed to have passed to the Customer immediately prior to delivery to the Customer's Customer.
- 3. The Customer is licensed by the Company to use or agree to sell the goods delivered to the Customer subject to the express condition that the entire proceeds of any sale are held in trust for the Company and are not mixed with other monies or paid in to an overdrawn bank account and shall at all times be identifiable as the Company's money.
- 4. Until title in the goods passes:
a. The buyer will hold the goods as fiduciary agent and bailee for the Company.
b. The goods shall subject to subclause 3 of this clause be kept separate and distinct from other property of the Customer and third parties and in good and substantial condition and shall be stored in such a way as to be clearly identifiable as belonging to the Company.
c. The Company may at any time revoke the power of sale and use contained in subclause 3 to this clause by notice to the Customer if the Customer is in default for longer than 14 days in the payment of any sum whatsoever due to the Company whether due to the Company whether in respect of the goods or any other goods supplied by it at any time to the Customer or if the Company has bona fide doubts as to the solvency of the Customer.
d. The Customer's power of sale and use contained in subclause 2 of this clause shall automatically cease if the buyer has a petition presented for the winding-up or passes a resolution for voluntary winding-up otherwise for the purpose of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or becomes bankrupt or insolvent or enters into any arrangements with creditors or takes or suffers any similar action in consequence of debts or carries out or undergoes any analogous act or proceedings under foreign law.
e. Upon determination of the Customer's power of sale and use the Customer shall place any of the goods in its possession or under its control and unsold at the disposal of the Company and the Company shall be entitled to enter upon any premises of the Customer for the purposes of removing such goods.
- 5. The Company shall at any time be entitled to appropriate any payment made by the Customer in respect of any goods in settlement of such invoices or accounts in respect of such goods as the Company may in its absolute discretion think fit notwithstanding any purported appropriation to the contrary by the Customer.
CLAIMS AND SHORTAGES
- 1. Nothing in this clause shall be deemed to exclude or restrict the Company's liability for death or personal injury resulting from negligence.
- 2. Each subclause in this clause is separate and independent. In respect of defects or shortages discoverable on inspection the Company shall be under no liability if a written complaint is not delivered to the Company within seven days of delivery detailing the alleged defects or shortages unless the shortage is also reported to the carrier on delivery.
- 3. In respect of defects caused by faulty manufacture, materials or workmanship which are not discoverable on inspection but which are discovered within one month of delivery the Company will either repair the goods or at its cost replace them provided that:
a. The Customer informs the Company of the relevant defect in writing within seven days of discovery and
b. Returns the goods to the Company at its own expense.
- 4. The Company shall not be liable for any consequential or indirect loss suffered by the Customer whether such loss arises from breach of a duty in contract or tort or in any other way (including loss arising from the Company's negligence).
- 5. The Company's total liability for any one claim or for the total of all claims arising from any one act or default of the Company (whether arising from the Company's negligence or otherwise) shall not exceed the contract price.
ERRORS AND OMISSIONS
The published contents of our website, catalogue and other publications are excepted from any errors and omissions. We cannot be held liable for such errors or omissions, or any events and consequences of events resulting from the said errors or omissions. If something is found to be missing or unclear please contact us so that we can clarify the position and put things right.
DATA PROTECTION
Data Protection Notification Statement detailing the purposes for which we may use Customer information.
In order to comply with the Data Protection legislation we are required to inform you that we may use personal information (including information that you enter on any websites) for the purposes listed below:
- 1. Accounts and Records
a. Keeping accounts relating to our business activities;
b. Making financial or management forecasts and records to assist us in managing our business and devising and implementing our business and marketing strategies and activities;
c. Keeping records of purchases, sales and other transactions for the purpose of ensuring that payments are paid or received, and deliveries are made and services provided;
d. Keeping records of purchases, sales and other transactions for the purpose of assisting us in devising and implementing our business and marketing strategies and activities;
e. Assessing the financial risk to us in trading with you or your business, now or in the future;
f. Keeping records for the purpose of making, defending or assessing claims.
- 2. Advertising, Marketing and Public Relations
a. Advertising, promoting or marketing our business activities, products and services;
b. Promoting public relations in connection with our business activities, goods and services.
- 3. Consultancy and Advisory Services
a. Giving advice or providing services of an advisory,after sales, customer care, consultancy or technical nature.
- 4. Property Management
a. The management and administration of land and property.
- 5. Research
a. Market research, scientific or technical research.
- 6. Databases
a. Creating and maintaining databases of trading history and account profiles of existing customers, suppliers and services providers for the purpose of assisting us in devising and implementing our trading and marketing strategies and activities or any of the headings listed above.
b. Creating and maintaining databases of account profiles of prospective customers, suppliers and service providers for the purpose of assisting us in devising and implementing our trading and marketing strategies and activities or any of the headings listed above.
- 7. Disclosure of Information to Third Parties
a. We may disclose your information to third parties whom we instruct to process information on our behalf, particularly with regard to the issuing of mail shots and market research. Such third parties are required to only use your information for the purpose we instruct, and to take appropriate measures to prevent unauthorised or unlawful access to your information.
- 8. Queries
a. The information we hold about you will, to the best of our ability, be accurate and up-to-date. You can check the information we hold about you by sending us an e-mail to sales@medicircle.co.uk. If you find any inaccuracies we will delete or correct it promptly.
CREDIT CARD TRANSACTIONS ON THE WEB
All credit card transactions on the www.medicircle.co.uk website are done through a secure third party and the card details are never available to us. Any questions or comments about privacy should be emailed to sales@medicircle.co.uk
