Promedics Orthopaedics Limited Terms and Conditions of Supply
- What these terms cover. These are the terms and conditions on which we supply products to you if you are a consumer. These terms do not apply to you if you are a business customer – please visit https://promedics-healthcare-professionals.co.uk/pages/terms if you are a business customer.
- Why you should read them. Please read these terms carefully before you place an order with us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
- How to place an order. You can place an order via our website or by calling 01475 746400. We do not accept orders by email or by post.
Information about us and how to contact us
- Who we are. We are Promedics Orthopaedics Limited, a company registered in England and Wales. Our company registration number is 06455477 and our registered office is at Mentor House, Ainsworth Street, Blackburn, Lancashire, BB1 6AY and our main trading address is Port Glasgow Industrial Estate, Gareloch Road, Port Glasgow, Scotland, PA14 5XH. Our registered VAT number is 927148511.
- How to contact us. You can contact us by telephoning our customer service team on 01475 746400 or by emailing us at email@example.com or by writing to us at Port Glasgow Industrial Estate, Gareloch Road, Port Glasgow, Scotland, PA14 5XH.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
- How we will accept your order. Where we email you to acknowledge receipt of your order, such acknowledgement shall not constitute acceptance of your order. Our acceptance of your order will take place at the time we despatch your order to you, at which point a contract will come into existence between you and us. If you have provided us with an email address when placing your order, we will send you an email confirming that your order has been despatched.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is. It will help us if you can tell us the order number whenever you contact us about your order.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
Our rights to make changes
Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example due to customer feedback or unavailability of raw materials. These changes will not affect your use of the product.
- Minor changes to the products. We may change the product:
Providing the products
- Delivery costs. The costs of delivery and any delivery options will be as displayed to you on our website during the order process or, for telephone orders, as advised to you before you place your order.
- If you order products for delivery to a destination outside of the UK, such order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount. You are responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing an order.
- When we will provide the products. We will deliver your products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left by the courier or Royal Mail informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 2 will apply.
- When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.
- When you own products. You own a product once we have received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, a valid postal address and/or email address. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back). Please see clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, please see clause 2;
- If you have just changed your mind about the product, please see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), please see clause 6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or over the telephone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. This does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2).
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.
Consumer to pay costs of return.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- products that are custom-made;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
- How long do I have to change my mind? Where you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01475 746400 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Print off the form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Returns Department, Port Glasgow Industrial Estate, Gareloch Road, Port Glasgow, Scotland, PA14 5XH or (if they are not suitable for posting) allow us to collect them from you. Please call customer services or email us for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
- Exchanging products. Where there is no problem with the product but you wish to exchange the product you have purchased for a different size (where different sizes are available), please contact us by calling customer services on 01475 746400 or emailing us at email@example.com. You must pay the costs of return of the product to us. The product must be in its original packaging and be in a resaleable condition.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01475 746400 or email us at firstname.lastname@example.org or write to us at Port Glasgow Industrial Estate, Gareloch Road, Port Glasgow, Scotland, PA14 5XH.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01475 746400 or email us at email@example.com for a return label or to arrange collection.
Price and payment
- Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the order pages on our website when you placed your order, or as informed to you by our customer services team if you placed your order by telephone. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment by PayPal or by most major credit or debit cards. We do not accept payment by cheque. You must pay for the products before we despatch them. We will not despatch your goods until your payment has cleared.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987
- We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Your personal information
Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
(Complete and return this form only if you wish to withdraw from the contract)
To Promedics Orthopaedics Limited, Port Glasgow Industrial Estate, Gareloch Road, Port Glasgow, Scotland, PA14 5XH, tel: 01475 746400 email: firstname.lastname@example.org.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Telephone number of consumer(s),
Email address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate