1. "Buyer" means the person or company that buys or agrees to buy the Goods from the Seller.
2 ."Terms and Conditions" means the terms and conditions of sale set out in this document and any other terms and conditions agreed in writing by the Seller.
3. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
4. "Goods" means the articles that the Buyer agrees to buy from the Seller.
5. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
6. "Seller" means Home Medical Equipment Ltd.
7. These Terms and Conditions shall not affect the Buyers statutory rights as a consumer.
8. 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.
9. Any variation to these Terms and Conditions proposed by the Buyer (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller
10. No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions
11. If any provision of these Terms and Conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
12. No waiver by the Seller (whether express or implied) in enforcing any of its rights under these Terms and Conditions shall prejudice its rights to do so in the future
13. Acceptance of these Terms and Conditions at the time of placing the order shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
14. The Buyer may not assign, sub-licence or otherwise transfer any of their under these Terms and Conditions
15. The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16. The headings of the clauses in these conditions are intended for reference only and will not affect the construction of these conditions
17. The technical steps required to create a Contract between the Seller and Buyer is as follows:
18. Order acceptance and the completion of the Contract between the Buyer and Seller will take place on the despatch of the Goods. At any time up until dispatch the Seller may not accept the order. Non-acceptance of an order may be a result of one of the following:
19. Where the Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by the Seller to deliver any instalment shall not entitle you to treat the Contract as repudiated.
20. Notwithstanding any other provision herein title in the Goods shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
21. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
22. The contract will be concluded in English.
23. The Price of the Goods shall be that stipulated on the Seller's Website. The Price is normally shown exclusive and inclusive of VAT. Delivery charges are not shown and are added in the checkout. The Seller reserves the right to vary how prices are displayed; where this is the case items omitted will be explicitly identified separately.
24. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acknowledgement of order, invoice or other document or information issued by the Seller in relation to the price shall be subject to correction if required, without any liability on the part of the Seller. The Seller reserves the right to not accept any order at an incorrect price.
25. On discovery of any pricing error, the Seller will inform the Buyer as soon as possible who will have the option of reconfirming the order at the correct price or cancelling it. If the Buyer is unreachable the order will be treated as cancelled. If payment has already been made for any cancelled order, the Seller will refund in full this amount within 30 days of order placement.
26. Where Goods have been delivered the Seller will arrange the collection of these Goods at its expense. Any returned Goods must be complete, unused, in an undamaged state and returned with the original outer packaging. The Buyer has a duty to take reasonable care of all Godds received. The Seller reserves the right to charge for repair, replacement or repackaging of any products not returned in their original condition. This charge may include the cost of parts, materials, packaging, labour and any subsequent loss to the Seller
27. If the Buyer does not make available for collection the goods within 30 days of notice of cancellation, the Buyer will be deemed to have accepted the Goods, at which point a new purchase contract will be made and the Buyer will be charged for the order at the price set out on the web site. This does not affect the Buyers statutory rights
28. Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods. This will normally be at the time of placing the order but, by exception, and where clearly notified on the website, a deposit may be paid for some goods with the balance due 48 hours before dispatch of the Goods. Time for payment shall be of the essence. If the Buyer does not pay the balance on notification of dispatch of the goods the Seller may bring an action for the Price even though property in the Goods has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Goods or any further Goods ordered until payment is made in full.
29. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
30. The Seller reserves the right to adjust the price of any Goods on the website at its discretion
31. Prices shown in currencies other than pounds sterling are for guidance only. All orders are processed in pounds sterling and the actual amount charged will depend upon any currency conversion rate and other charges applied by debit or credit card companies.
32. The Seller reserves the right to adjust the description and specification of any Goods on the website at its discretion.
33. The Seller shall not be liable to anyone for withdrawing any Goods from the website
34. The Seller does not warrant that product descriptions on this site are accurate, complete, reliable, current, or error-free. The Seller reserves the right to not accept any order involving Goods that have been mis-described
35. On discovery of any product description error, the Seller will inform the Buyer as soon as possible who will have the option of an reconfirming the order with the revised description or cancelling it. If payment has already been made for any cancelled order, the Seller will refund in full this amount within 30 days of order placement. If the Buyer is unreachable the order will be delivered and the Buyer will have the option of cancelling the order on receipt of the Goods under the not in accordance with contract condition below.
36. Where Goods have been delivered the Seller will arrange the collection of these Goods at its expense. Any returned Goods must be complete, unused, in an undamaged state and returned with their original outer packaging. The Buyer has a duty to take reasonable care of all Goods received. The Seller reserves the right to charge for repair, replacement or repackaging of any products not returned in their original condition. This charge may include the cost of parts, materials, packaging, labour and any subsequent loss to the Seller
37. If the Buyer does not make available for collection the goods within 30 days of notice of cancellation, the Buyer will be deemed to have accepted the goods, at which point a new purchase contract will be made and the Buyer will be charged for the order at the price set out on the web site. This does not affect the Buyers statutory rights
38. Photographs are for illustrative purpose only, and may not exactly match the product itself.
39. Please be aware that furniture has variants of colour and the Seller therefore cannot guarantee exact colour matches.
40. If the Goods ordered are not immediately available, the Seller reserves the right to substitute goods of a similar specification and quality. The Seller will inform the Buyer as soon as possible who will have the option of reconfirming the order for the substituted Goods with any attendant price change, or cancelling it. If payment has already been made for any cancelled order, the Seller will refund in full this amount within 30 days of order placement. If the Buyer is unreachable the order will be dispatched and the Buyer will have the option of cancelling on receipt of the Goods in accordance with these Terms and Conditions.
41. If the Goods ordered are not immediately available, and no substitute Goods are suitable, there may be a delay in delivery. The Seller will inform the Buyer as soon as this is known and before delivery to advise of any revised delivery schedule. The Buyer will have the option of proceeding under the revised delivery schedule or may cancel the order. If payment has already been made for any cancelled order, the Seller will refund in full this amount within 30 days of order placement. If the Buyer is unreachable the order will be dispatched and the Buyer will have the option of cancelling on receipt of the Goods in accordance with these Terms and Conditions.
42. Where Goods are no longer available for sale, the Seller will inform the Buyer as soon as possible and the order will be treated as cancelled. If payment has already been made for any cancelled order, the Seller will refund in full this amount within 30 days of order placement.
43. The Seller reserves the right to not accept any order where Goods are unavailable.
44. The anticipated delivery times of all Goods is displayed on the website on the individual product descriptions. Goods supplied within mainland GB will normally be delivered within 10 working days of acknowledgement of order. Some specialist Goods, and those made to order, may also have longer delivery times.
45. Delivery to some remote parts of Scotland may take longer than the normal delivery schedule and may incur an additional delivery charge. The Seller will inform the Buyer as soon as this is known and before delivery to advise of any revised delivery schedule and price. The Buyer will have the option of proceeding under the revised delivery schedule and price or may cancel the order. If payment has already been made for any cancelled order, the Seller will refund in full this amount within 30 days of order placement
46. For delivery to Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands delivery must be to a nominated mainland GB address. Onward shipping from that point is the responsibility of the Buyer unless prior arrangement is made and confirmed in writing by the Seller with such confirmation outlining any additional costs that this service may incurred that will be met by the Buyer.
47. If there is to be a delay in delivery, howsoever caused, the Seller will inform the Buyer as soon as this is known and before delivery to advise of any revised delivery schedule. The Buyer will have the option of proceeding under the revised delivery schedule or may cancel the order. If payment has already been made for any cancelled order, the Seller will refund in full this amount within 30 days of order placement. If the Buyer is unreachable the order will be dispatched and the Buyer will have the option of cancelling on receipt of the Goods in accordance with these Terms and Conditions (see clause 53).
48. Goods may be dispatched at different times in order to ensure that Goods are received as promptly as possible. This will be at no extra cost to the Buyer.
49. 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.
50. Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
51. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
52. It may not be possible to deliver to some locations. All deliveries are by third party carriers. If the Buyer is unable to take delivery of the Goods, depending on the carrier used, the Goods will either be stored at the nearest depot until they can be collected or the carrier will attempt to redeliver the goods at a later date.
53. An order may be cancelled by the Buyer at any time between the placement of the order and 7 working days following delivery of the Goods. The Buyer must notify the Seller in writing by sending an email using the form on our contact us page identifying clearly the order number. Alternatively the order may be cancelled by post but notification must be received within this 7-day period.
54. If the Goods have already been dispatched at the date of receipt of cancellation of the order the Buyer must return the Goods at their expense to a return address that will be provided by the Seller. Goods must be complete, unused, in an undamaged state and returned with their original outer packaging.
55. By exception, some Goods may be collected by the Seller at the Buyers expense. Buyers who decide to return goods which require skilled technicians to visit the delivery address may not receive 100% of the total value of the purchase redeemed due to the cost of the home visit. The cost of collection will be deducted from the refund.
56. The Buyer has a duty to take reasonable care of all Goods received. The Seller reserves the right to charge for repair, replacement or repackaging of any products not returned in their original condition. This charge may include the cost of parts, materials, packaging, labour and any subsequent loss to the Seller.
57. If the Buyer does not return the goods within 30 days of notice of cancellation, the Buyer will be deemed to have accepted the goods, at which point a new purchase contract will be made and the Buyer will be charged for the order at the price set out on the web site. This does not affect the Buyers statutory rights
58. The Seller cannot be held responsible for non-delivery of returned goods so the Buyer should get a certificate of posting from the Post Office or Courier
59. The Seller will refund in full, less the cost of any collection, the price of the Goods within 30 days beginning with the day on which the notice of cancellation was received.
60. Certain Goods may be excluded from this condition due to reasons of personal hygiene.
61. Nothing in this condition affects the Buyers statutory rights
62. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery if they do not comply with any of the Contract. This may be in relation to quantity or description. The Buyer must notify the Seller in writing by sending an email using the form on our contact us page identifying clearly the order number. Alternatively, notification can be made by post, but must be received within this 7-day period.
63. If the Buyer fails to notify the Seller within 7 working days the Buyer shall be deemed to have accepted the Goods. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
64. Upon notification the Sellers obligation, at the discretion of the Buyer, will be to make good any shortage or non-delivery at the Sellers expense. Alternatively, the Buyer has the right to cancel the order or accept the Goods. Where Goods have been accepted, the Seller will be required to refund any difference between the price of the accepted Goods and that paid by the Buyer within 30 days beginning with the day on which the notification was received. Where Goods accepted are of a higher value than payment received, the Buyer will be required to pay the balance with immediate effect. Clause 29 will come into effect for all late payments.
65. Where the Buyer has cancelled the order, the Seller will arrange the collection of the Goods at its expense. The Seller will refund in full the price of the Goods within 30 days beginning with the day on which the notice of cancellation was received
66. Goods must be complete, unused, in an undamaged state and returned with their original outer packaging. The Buyer has a duty to take reasonable care of all Goods received. The Seller reserves the right to charge for repair, replacement or repackaging of any products not returned in their original condition. This charge may include the cost of parts, materials, packaging, labour and any subsequent loss to the Seller
67. If the Buyer does not make available for collection the goods within 30 days of notice of cancellation, the Buyer will be deemed to have accepted the goods, at which point a new purchase contract will be made and the Buyer will be charged for the order at the price set out on the web site.
68. Nothing in this condition affects the Buyers statutory rights.
69. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery if they are damaged. The Buyer must notify the Seller in writing by sending an email using the form on our contact us page identifying clearly the order number. Alternatively, notification can be made by post, but must be received within this 7-day period.
70. If the Buyer fails to notify the Seller within 7 working days the Buyer shall be deemed to have accepted the Goods. After acceptance the Buyer shall not be entitled to reject Goods which are damaged.
71. Upon notification the Sellers obligation, at the discretion of the Buyer, will be to replace or repair any Goods that are damaged at the Sellers expense. Alternatively, the Buyer has the right to cancel the order.
72. Where the Buyer has cancelled the order, the Seller will arrange the collection of the Goods at its expense. The Seller will refund in full the price of the Goods within 30 days beginning with the day on which the notice of cancellation was received
73. Goods must be complete, unused, and returned with their original outer packaging. The Buyer has a duty to take reasonable care of all Goods received. The Seller reserves the right to charge for repackaging of any products not returned in their original condition. This charge may include the cost of packaging, labour and any subsequent loss to the Seller
74. Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage
75. If the Buyer does not make available for collection the goods within 30 days of notice of cancellation, the Buyer will be deemed to have accepted the goods, at which point a new purchase contract will be made and the Buyer will be charged for the order at the price set out on the web site.
76. Nothing in this condition affects the Buyers statutory rights
77. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery if they are defective. The Buyer must notify the Seller in writing by sending an email using the form on our contact us page identifying clearly the order number. Alternatively, notification can be made by post, but must be received within this 7-day period.
78. If the Buyer fails to notify the Seller within 7 working days the Buyer shall be deemed to have accepted the Goods. After acceptance the Buyer shall not be entitled to reject Goods which are defective.
79. Upon notification the Sellers obligation, at the discretion of the Buyer, will be to replace or repair any Goods that are defective at the Sellers expense. Alternatively, the Buyer has the right to cancel the order.
80. Where the Buyer has cancelled the order, the Seller will arrange the collection of the Goods at its expense. The Seller will refund in full the price of the Goods within 30 days beginning with the day on which the notice of cancellation was received
81. Goods must be complete, unused, in an undamaged state and returned with their original outer packaging. The Buyer has a duty to take reasonable care of all Goods received. The Seller reserves the right to charge for repair, replacement or repackaging of any products not returned in their original condition. This charge may include the cost of parts, materials, packaging, labour and any subsequent loss to the Seller
82. If the Buyer does not make available for collection the goods within 30 days of notice of cancellation, the Buyer will be deemed to have accepted the goods, at which point a new purchase contract will be made and the Buyer will be charged for the order at the price set out on the web site.
83. Nothing in this condition affects the Buyers statutory rights
84. All Goods supplied by the Seller come with a manufacturer's warranty.
85. The Seller does not provide any warranty cover against defects in his own right.
86. 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.
87. Nothing in these terms and conditions is intended to limit any rights the Buyer may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the Sellers liability to the Buyer for any death or personal injury resulting from the Buyers negligence
88. The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from this site. The importation or exportation of certain Goods may be prohibited by certain national laws. The Seller makes no representation and accepts no liability in respect of the export or import of the goods purchased.
89. When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
90. Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
91. 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.
92. 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.
93. The Buyer acknowledges and agrees to be bound by the Sellers Privacy Policy. Please click here to view our privacy policy.
94. 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
95. Home Medical Equipment Ltd makes no promise that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If the Seller chooses to access this site from locations outside the United Kingdom, they do so on their own initiative and are responsible for compliance with local laws.