On-line Terms and Conditions of Business
1. Introduction
In these Conditions:-
1.1 "Consumer" means any person not being a business or organisation who purchases Goods for personal use
1.2 “Goods” means the goods ordered by You
1.3 “We/Us/Our” means Mediplus Limited
1.4 “You/Your” means the purchaser of the Goods
2. Basis of Sale
2.1 We shall sell and You shall purchase the Goods described in Your order which is accepted by Us (“Contract”), subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions
2.2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Us or on Our website shall be subject to correction without any liability on Our part
2.3 All product information supplied with the Goods should be read by You prior to using any Goods. In using the Goods You will be deemed to have read and understood all such information.
2.4 Where You are a Consumer You should seek medical advice on the use and suitability of the Goods prior to placing any order.
2.5 All sizes are approximate. Products are subject to availability and prices are subject to change without notice
3. Orders
3.1 All orders are subject to acceptance by Us
3.2 You shall be responsible for ensuring the accuracy of the terms of Your order and for giving Us any necessary information within a sufficient time to enable Us to comply with Our obligations under these Conditions
3.3 The quantity, quality, description and specification for the Goods shall be set out in Your order (if accepted by Us)
3.4 We reserve the right to make any changes to the Goods which are required to conform with any applicable statutory or EC requirements
4. Price
4.1 The price of the Goods shall be the price stated in Your order (if accepted by Us)
4.2 All prices for Goods exclude delivery charges and You shall be liable to pay Our delivery charges. Delivery charges will be stated in Your order (if accepted by Us)
4.3 All prices are exclusive of any applicable VAT which shall be payable by You to Us
5. Payment
5.1 The price of the Goods is payable by You on acceptance of an order by Us
5.2 Payment for the Goods may be made by credit card or debit card. We accept Visa, Delta, Switch, Maestro and Mastercard. Payment for the Goods may also be made by cheque or postal order made payable to Mediplus Ltd.
5.3 We do not accept payment for Goods ordered on-line by cheque or postal order. If you wish to pay by either of these methods You must order by phone or post in accordance with Clause 14
6. Delivery
6.1 Delivery of the Goods shall be made by Us delivering the Goods to You
6.2 Delivery will be made as soon as possible after Your order is accepted by Us, and in any event within 7 working days beginning on the day after the date of Your order
7. Risk and Property
7.1 The Goods shall be at Your risk from delivery
7.2 Property in the Goods shall not pass from Us until You have paid the price for the Goods (including any applicable VAT) in full and no other sums whatever shall be due from You to Us
8. Warranty
8.1 Osbon ErecAid Goods are supplied with a 5-year warranty in respect of the pump and the cylinder. In the event of a defect arising in the pump or the cylinder at any time then, subject to clause 12, You may return the Goods to Us for a replacement free of charge
8.2 We shall be under no liability under the above warranty in respect of any defect arising from wilful damage, negligence, abnormal working conditions, failure to follow Our instructions (whether oral or in writing), misuse, alteration or repair of the Goods without Our approval
8.3 WHERE YOU ARE A CONSUMER, YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS WARRANTY
9. Liability
9.1 Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a Consumer (as defined in the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law
9.2 If You are a Consumer, nothing in these Conditions will limit or exclude any of Your statutory rights. For more information on Your statutory rights, contact Your local authority Trading Standards Department or Citizens Advice Bureau
9.3 Except in respect of death or personal injury caused by Our negligence, Our entire liability under or in connection with any Contract shall not exceed the price of the Goods
9.4 We shall not be liable to You for loss of profits or contracts or other indirect or consequential loses whether arising from negligence, breach of contract or otherwise
9.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Us. The importation or exportation of certain Goods may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Goods
10. Cooling Off Period – Cancellation (Consumer sales only)
10.1 Where You are a Consumer You may subject to clause 11.2 and clause 12 below, cancel the Contract at any time within 10 days beginning on the day after the date of delivery of the Goods
10.2 Once We have received notification from You that You are cancelling the Contract any sum already paid by You will be repaid in full including delivery costs as soon as is reasonably practicable and in any event within 30 days beginning on the date that notice of cancellation is given, provided that the Goods are received by Us in accordance with clause 11.2 below
11. Cancellation (all sales)
11.1 In respect of Osbon ErecAid Goods You may subject to clause 11.2 and clause 12 below cancel the Contract at any time within 90 days beginning on the day after the date of delivery of the Goods for a refund of the purchase price. Osbon ErecAid Goods returned within 10 days beginning on the day after the date of delivery of the Goods will be refunded in full. Osbon ErecAid Goods returned more than 10 days but less than 90 days beginning on the day after the date of delivery of the Goods will be refunded less a £40 handling charge. For reasons of hygiene and safety We cannot refund Alokui Skin Repair and Protection Cream, VenoSeal Adjustable Constriction Loops, Osbon ErecAid Tension Rings, Osbon Personal Lubricant products.
11.2 To cancel the Contract You must call Us to obtain a "Returned Materials Authorisation Number" and then return the Goods to Us immediately by recorded delivery at Your cost and risk. The Goods must be in the same condition in which you received them and must not have been used and must be in the original packaging. For reasons of hygiene and safety You cannot return Alokui Skin Repair and Protection Cream, VenoSeal Adjustable Constriction Loops, Osbon ErecAid Tension Rings, Osbon Personal Lubricant products.
11.3 Once We have received the Goods returned in accordance with clause 11.2 We will arrange for a refund of the purchase price less any handling or postal charges where relevant
12. Returns (Consumer and all sales)
If You need to return the Goods in accordance with clause 8 or wish to cancel the Contract in accordance with clause 10 or clause 11 You should contact the Customer Service Department at Unit 7 The Gateway Centre Coronation Road High Wycombe Buckinghamshire HP12 3SU 01494 551200. Goods cannot be returned without notifying Us first. For reasons of hygiene and safety You cannot return Alokui Skin Repair and Protection Cream, VenoSeal Adjustable Constriction Loops, Osbon ErecAid Tension Rings, Osbon Personal Lubricant products
13. Complaints
Complaints about the Goods or any aspect of the way We have dealt with an order should be addressed to the Customer Service Department at Unit 7 The Gateway Centre Coronation Road High Wycombe Buckinghamshire HP12 3SU 01494 551200
14. Methods of Ordering
14.1 You may order the Goods by any of the following methods: -
14.1.1 By telephoning us on 01494 551200. Our order lines are open from 8.30am to 5.15pm;
14.1.2 By ordering via our online shop;
14.1.3 Orders placed by telephone or online may be paid for by credit or debit card. We accept Visa, Mastercard, Delta and Maestro/Switch. If you wish to pay by personal cheque or postal order, upon request we will send to you an order form for completion and return to us with cheque or postal order made payable to Mediplus Limited.
15. General
15.1 We shall not be responsible for any delays in performing, or for any failure to perform, any of Our obligations under these Conditions if the delay or failure was due to any cause beyond Our reasonable control
15.2 If any provision of these Conditions is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable then that provision shall be limited or eliminated to the minimum extent necessary so that these Conditions otherwise remain in full force and effect
15.3 These Conditions contain the whole agreement between You and Us and You agree that You have not relied on any oral or written representations made by Us
15.4 These Conditions supersede any prior agreement between You and Us whether written or oral
15.5 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of these Conditions
Company REG. NO. 2051641
Copyright © 2020 Mediplus Ltd.