1. Definitions
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Premier Healthcare & Hygiene Ltd of NE11 9EP, UK;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. Conditions
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. Ordering
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described as you go along the order process.
4. Price and Payment
4.1 The Price of the Goods shall be that stipulated on the Seller's Website. The price is exclusive of VAT and delivery charges (where applicable).
4.2 The total purchase price, including VAT and delivery charges will be displayed in the Buyer's shopping basket prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods. If these differ from the details, description and/or price shown on the Website the Buyer shall be entitled to cancel the order.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.5 Card payment may be made by: MasterCard, Switch and Visa. Payments are also accepted by BACS and cheque. If payment is made by cheque, please allow 5 working days for the clearance of the cheque. Goods will only be dispatched at the time of clearance. Please make all cheques payable to Premier Healthcare & Hygiene Ltd.
4.6 In the case of other sales, payment of the Price plus VAT and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
4.7 If any sum payable is not paid when due, that sum will bear interest from the due date until payment is made in full at 4% above Abbey Plc base rate from time to time and the Seller will be entitled to suspend delivery of subsequent orders and any agreed discounts until the outstanding amount has been received.
5. Rights of Seller
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. Age of Consent
6.1 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7. Warranty
7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
7.2 In the event that an item is defective within the meaning of the Sale of Goods Act 1979 (as amended from time to time) the Seller reserves the right to replace or repair the goods as an alternative to refunding the purchase price, at its absolute discretion.
7.3 Claims will not be considered where:
7.3.1 The goods have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair;
7.3.2 The goods have been improperly installed or connected;
7.3.3 The goods have been opened, partly used or the seals or labels have been removed or tampered with;
7.3.4 The goods have been damaged by fire, water, smoke or chemicals;
7.3.5 Any maintenance requirements relating to the goods have not been complied with;
7.3.6 The goods have been specifically ordered by the Buyer and are not stocked by the Seller;
7.3.7 Any instructions as to the storage of the goods have not been complied with in all respects;
7.3.8 The Buyer has failed to notify the Seller of any visible or suspected defects or damage within 3 days of delivery where the defect or damage should be apparent on reasonable inspection, or within 5 days of the same coming to the knowledge of the Buyer where the defect or damage is not one which should be apparent on reasonable inspection.
8. Delivery
8.1 Goods supplied within the UK will normally be delivered within two working days of receipt of order subject to stock availability.
8.2 All Goods will be despatched by the most appropriate route. Where a Buyer suggests an alternative route or places an order for Goods outside the normal schedule, the Seller shall have the right to charge the entire cost of delivery, irrespective of the value of the Goods.
8.3 Deliveries will be made to the reception desk and/or ground floor at the Buyers stated delivery address. Any special delivery requirements or difficulties in delivering (e.g. narrow doorways, stairs, and restricted access) should be made known to the Seller at the time of placing the order and may be subject to additional costs. The Seller cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
9. Retention of Title
9.1 All goods supplied by the Seller to the Buyer shall remain the property of the Seller until such time as the Seller has received payment in full for the goods and of all other moneys due to the Seller from the Buyer. After delivery of the goods to the Buyer or his nominated sub purchaser, the Goods shall be at the Buyer's risk and the Buyer shall insure those goods against loss or damage. Until such full payment is received the separate identity of those goods shall be maintained by the Buyer.
9.2 Until such time as title of the goods shall pass to the Buyer in accordance with the foregoing provision, the Seller shall be entitled at any time to repossess the goods whether with or without notice and the Seller and its employees or agents shall have the right at any time to enter upon the premises of the Buyer for the purpose of effecting such repossession.
10. Cancellation and Returns
10.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 10 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
10.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
10.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at your cost and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods, except for carriage charges within 30 days of cancellation. 10.4 Goods that are not required, incorrectly ordered or duplicated may, at the Sellers discretion, be subject to a 10% restocking charge.
10.5 Goods that are made to order and goods that have been used may not be returned.
10.6 Goods to be returned must clearly show the order number obtained from the Seller on the package.
10.7 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
11. Carriage Charges
11.1 The Seller reserves the right to make a small order charge of £5.95 ex VAT (£7.14 inc VAT) towards the carriage of orders under £125.00 ex VAT (£150.00 inc VAT).
11.2 Any orders that are not to main land UK may incur additional costs. These will be advised to the Buyer prior to the Goods being dispatched.
12. Limitation of Liability
12.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
12.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
13. Waiver
13.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
14. Force Majeure
14.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
15. Severance
15.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
16. Changes to Terms and Conditions
16.1 The Seller shall be entitled to change these Terms and Conditions at any time.
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
18. Company Details
Premier Healthcare & Hygiene Ltd, 5 Lloyd Court, St Omers Road, Gateshead, Tyne & Wear, NE11 9EP.
VAT no: GB 856398669
Company Registered Number 05388166
Errors and omissions exempt.