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 9JT, 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.
1.7 Except where the context requires otherwise, words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage; and vice versa.
1.8 References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
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 The placing of an order, the payment for the goods in whole or in part and the acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions to the exclusion of all others.
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.
3.1 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 immediately available the Buyer shall be notified and given the option to either wait until the Goods are available 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, where applicable, and delivery charges will be displayed at the checkout 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 where applicable and delivery charges must be made in full before dispatch of the Goods.
4.5 Card payment may be made by: MasterCard and Visa. Payments are also accepted by PayPal and BACS.
4.6 In the case of other sales, payment of the Price plus VAT and delivery charges shall be due within 30 days end of month of the date of receipt of the invoice supplied by the Seller.
4.7 If a payment is not paid, in full, within the time detailed at 4.6 above then Seller reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and the Seller will be entitled to suspend delivery of subsequent orders and any agreed discounts until the outstanding amount has been received.
4.8 Where Buyer is late in making payment, Seller shall be entitled to recover from him all reasonable costs and expenses incurred in securing payment.
5. VAT Relief
5.1 Individuals who are chronically sick or disabled and whose products are for personal use, or charities where the products are made available to a disabled person for their own personal/domestic use, may be eligible for VAT Relief.
5.2 If you believe that you quality for VAT Relief please contact us by email at email@example.com or call 0191 4611 788.
5.3 Completed VAT Relief Declarations by customers are accepted as prima facie evidence by the Company that a valid medical condition exists for exemption under The VAT Act, and no VAT will be charged on the goods purchased.
5.4 If, at a later date, HMRC disputes the validity of the medical condition, you will be liable to pay the appropriate VAT that should have been applied. Under these circumstances, Seller reserves the right to demand that you pay the VAT amount that is due.
5.5 Customers in other EU countries may have to pay VAT depending on location.
5.6 Customers outside of the European Union do not pay any VAT.
5.7 The VAT/sales tax shown in the basket and in our checkout is meant as a guide. The final VAT/sales tax amount will be shown on the printed/emailed invoice produced when your order is placed/dispatched.
6. Rights of Seller
6.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
6.2 The Seller reserves the right to withdraw any goods from the Website at any time.
6.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
7. Age of Consent
7.1 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.
8.1 Premier Healthcare & Hygiene Ltd (The Seller) warrants that all reasonable care will be taken to ensure the quality of materials and workmanship. In the event of any defect arising within 30 days, or a different period as specified in the general description of the goods, from the date of delivery to the Buyer, or as otherwise agreed in writing, the Seller will repair or replace the defective goods, if required to do so, provided that:
they are returned to the Seller's premises; and
it is proved to the Seller's satisfaction that the defect is due to inferior workmanship or material.
8.2 For further information please see our Returns Policy at https://www.premierhh.co.uk/returns/
8.3 The warranty excludes defects caused by misuse or neglect or arising from wear and tear and applies only to Goods bought directly from the Seller.
8.4 The Seller shall not be under any liability to the Buyer for any defects in the Goods or for any loss or damage to or caused by the Goods, whenever they arise, except to the extent that the Seller has expressly accepted liability under these conditions. All other conditions, warranties or other terms whatsoever concerning the Goods, whether express or implied, by statute, at common law, or otherwise, are hereby excluded to the fullest extent permitted by law. In no circumstances (other than death or personal injury caused by the sellers negligence) shall the Seller be liable for any purely economic loss or for any special, indirect or consequential damages of any nature whatsoever.
8.5 The Seller does not undertake to pay for the cost of repairs to defective material or goods incurred by the Seller without previous specific agreement in Writing.
9.1 Goods supplied within the UK will normally be delivered within three working days of receipt of order subject to stock availability.
9.2 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.
9.3 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.
9.4 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.
9.5 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
9.6 All goods are supplied subject to our terms & conditions. The buyer agrees to inspect the goods on delivery and to notify the company in writing within 5 working days of any shortfall in delivery or incorrect or damaged goods. Claims outside of this time will not be considered. Your statutory rights are not affected.
10. Retention of Title
10.1 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.
10.2 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.
10.3 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.
11. Cancellation and Returns
11.1 Please refer to our Returns Policy at https://www.premierhh.co.uk/returns/ for more information
12. Carriage Charges
12.1 The Seller reserves the right to make a small order charge of £6.45 ex VAT (£7.74 inc VAT) towards the carriage of orders under £125.00 ex VAT (£150.00 inc VAT).
12.2 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.
13. 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.
13.2 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.
14.1 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.
15. Force Majeure
15.1 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.
16. Changes to Terms and Conditions
16.1 The Seller shall be entitled to change these Terms and Conditions at any time.
17.1 Both Parties to the Contract warrant that they are authorised and permitted to enter into the Contract, and have obtained all necessary permissions and approvals.
17.2 Both parties warrant and undertake that they are not aware as at the date of the Contract of anything within their reasonable control which might or will adversely affect their ability to fulfil the obligations under the Contract.
18.1 This Contract may be executed in any number of counterparts, each of which, when executed, shall constitute a duplicate original, but all the counterparts shall together constitute the one Contract.
19. Entire Agreement and Variation
19.1 The Contract constitutes the entire agreement between the parties. It supersedes and extinguishes any previous agreements, promises, assurances, warranties, representations and understandings between them, whether orally or in writing, relating to the subject matter.
19.2 Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement
19.3 Nothing in this clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.
19.4 Any variation of the Contract must be made in writing and signed by both Seller and Buyer.
20.1 If at any time any question, dispute or difference whatsoever shall arise as to the formation, meaning, operation, validity or effect of the Contract or the rights, duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of the Contract, either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to a mutually agreed Third Party Mediator within 14 days of such notice.
21.1 If an attempt at Mediation should fail then the dispute or difference shall be referred to the arbitration of a single arbitrator to be agreed upon by the parties within 14 days of the failure of such an attempt, or in default of such agreement, to be nominated by the President for the time being of the Law Society of England and Wales such arbitration to be conducted in accordance with the Arbitration Act 1996.
22. Governing Law
22.1 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22.2 The Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
23.1 If any term or provision in the Contract shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of the Contract and the enforceability of the remainder of the Contract shall not be affected.
24. Third Party Rights
24.1 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.