CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by SE20 Ltd. (t/a Sanitas Healthcare), residing at 20 Hanover Square, London W1S 1JY (the "Supplier"). Sanitas Healthcare reserves the right to change or amend these terms and conditions at any time without prior notice.
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. Prices are checked regularly, however if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
2. Description, price and availability of the goods
2.1 The description and price of the goods you order will be as shown on our website at the time you place your order. Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed on our website. Sanitas Healthcare makes every effort to ensure that all product descriptions quoted on its web site are precise and accurate. On the occasion when a mistake may occur, Sanitas Healthcare will be entitled to rescind the contract, not with standing that it has already accepted the customer's order. Descriptions are provided for customer convenience only and the customer is responsible for verifying their accuracy prior to purchase. All returns due to incorrect descriptions will be treated as a customer error and will be subject to a return's authorisation. Returns on grounds of incorrect descriptions have to be raised within 5 calendar days of receipt and products need to be in a perfect and sealed condition.
2.2 Every effort is made to ensure that prices shown on the Sanitas Healthcare website are accurate at the time you place your order. If an error is found, Sanitas Healthcare will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If Sanitas Healthcare does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 7 day period, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Sanitas Healthcare will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card. Sanitas Healthcare strives to ensure that all goods are delivered on time; however we do not accept liability for goods delivered on an unspecified day. Sanitas Healthcare will not be liable for any consequential or indirect loss such as loss of profits, loss of goodwill, damage to trading relationships and financial loss. Sanitas Healthcare's liability in respect of all other losses shall be limited to the invoiced value of the relevant order.
2.4 In addition to the price, you are required to pay the relevant delivery and packaging charge for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Sanitas Healthcare website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Sanitas Healthcare to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before the time stated on the product or checkout page on a working day will normally be processed that day or the working day following provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays)
4.3 If delivery cannot be made to your address for reasons under Sanitas Healthcare's control the Supplier will inform you as soon as possible.
4.4 If you fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 return the goods to the supplier's warehouse. Credit notes will be raised upon receipt/process of returned deliveries from which the original delivery charges and return charges will be deducted from the net amount. Failed or refused deliveries placed by business customers at times may attract a re-stocking fee. Sanitas Healthcare shall refund or re-credit you within 60 days.
4.4.2 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.3 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 You must notify us within 5 working days of the declared delivery date if you have not received the goods.
4.6 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, Sanitas Healthcare reserves the right to deduct any direct costs incurred in retrieving the goods as a result of such failure.
4.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Sanitas Healthcare will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case Sanitas Healthcare will inform you as soon as possible. Sanitas Healthcare will not be liable for any consequential or indirect loss such as loss of profits, loss of goodwill, damage to trading relationships and financial loss. Sanitas Healthcare's liability in respect of all other losses shall be limited to the invoiced value of the relevant order. Under no circumstances can Sanitas Healthcare be held liable in any disputes between the claims of the customer and the courier with regards failed delivery issues. Sanitas Healthcare however is willing to offer its assistance in any such hopefully avoidable instances.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 Sanitas Healthcare shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Your right of cancellation
6.1 If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 7 working days of receipt. No seals must be broken, the item must not be used and must be 'as new' when returned to us.
6.2 To exercise your right of cancellation, you must give written notice to the Supplier by email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will have to bear the cost for returning the goods to the Supplier.
6.4 Unwanted products will be taken back within 7 working days of purchase so long as they are in pristine condition, the package is unopened and no seals have been broken. If you are sending the goods back to us, you are responsible that the goods arrive at our designated premises in the state as described above. All goods are inspected on arrival and refunds will not be issued if the goods are not in this condition. They must be in a re-saleable condition and must be returned to us at your expense. We will refund the total amount paid for the goods, less any delivery and collection charges, within 60 days of receiving the returned goods.
6.5 In the case of faulty or mis-described goods the Supplier shall, after receiving notification, either collect the goods from you or ask you to return the goods yourself and possibly refund you a reasonable postage costs.
6.6 If you wish to return unwanted goods you must inform us by e-mail within 5 days of delivery. Please note that returns authorisations for unwanted items are not issued instantly
but can take up to one week. Sanitas Healthcare will refund or re-credit you within 30 days of receipt of returned item/s for any sum (excluding delivery/collection cost) that has been paid by you or debited from your credit card for the goods.
7. Limitation of Liability
7.1 Subject to 8.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
7.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
7.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
7.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
7.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
8. Data Sanitas Healthcareion
Sanitas Healthcare will take all reasonable precautions to keep the details of your order and payment secure but unless Sanitas Healthcare is negligent, we will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.