Terms and Conditions
TERMS & CONDITIONS
1. DEFINITIONS
1.1 "Buyer" means the individual or organization 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 Budget Medical Ltd of Unit 9 Viveash Close, Hayes, Middlesex, UB3 4RY that owns and operates www.budgetmedical.co.uk
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller
1.7 "Website" means www.budgetmedical.co.uk
2. CONDITIONS
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 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.
Any complaints should be addressed to the Seller's address stated in clause 1.5.
3. ORDERING
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 available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
4. PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is EXCLUSIVE of VAT. The price EXCLUDES delivery charges.
4.2 The total purchase price will be displayed in the Buyer’s shopping cart 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 together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
5. RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. DELIVERY
6.1 Goods in stock, supplied within the UK, will normally be delivered within Next working day. For delivery of Goods not in stock, the delivery time will be given to the Buyer after the acceptance of order.
6.2 Goods supplied outside the UK delivery time will be given at the point of acceptance of order.
6.3 Where a specific delivery dates has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full credit.
6.4 The Seller shall use its reasonable endeavors 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.
6.5 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.
6.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7. CANCELLATION AND RETURN
7.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
7.2 The Buyer shall inspect the goods following delivery & notify the Seller within 3 days of invoice date or advice of dispatch if the goods are damaged or do not comply with any of the contract.
7.3 Where a claim for return is made, the Goods shall be returned by the Buyer to the Seller within 3 days of delivery. Goods must be returned by the Buyer at the Buyer’s expense within 5 working days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a credit net of postal charges both ways and 10% Administration and Handling charge will be applicable. In order to be considered for replacement, a note showing the following must accompany the goods:
The name and address of the customer returning the goods.
The quantity and description of the goods being returned.
The invoice number or numbers under which the goods were supplied.
The reason for the return.
The return copy.7.4 Any Special item requested by the Buyer to be ordered from Third Parties to fulfill the Buyer’s requirement will not be returned. Please note fridge lines cannot be returned.
7.5 Goods will be requested for return by the Seller in response to a product recall or batch recall issued by a manufacturer and the Buyer will be notified accordingly.
7.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
8. LIMITATION OF LIABILITY
8.1 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.
9. WAIVER
9.1 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.
10. FORCE MAJEURE
10.1 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, failure of any communications, telecommunications or computer system, 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.
11. CHANGES TO TERMS AND CONDITIONS
11.1 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.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England & Scotland and the parties hereby submit to the exclusive jurisdiction of the English & Scottish courts.
1. DEFINITIONS
1.1 "Buyer" means the individual or organization 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 Budget Medical Ltd of Unit 9 Viveash Close, Hayes, Middlesex, UB3 4RY that owns and operates www.budgetmedical.co.uk
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller
1.7 "Website" means www.budgetmedical.co.uk
2. CONDITIONS
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 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.
Any complaints should be addressed to the Seller's address stated in clause 1.5.
3. ORDERING
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 available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
4. PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is EXCLUSIVE of VAT. The price EXCLUDES delivery charges.
4.2 The total purchase price will be displayed in the Buyer’s shopping cart 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 together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
5. RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. DELIVERY
6.1 Goods in stock, supplied within the UK, will normally be delivered within Next working day. For delivery of Goods not in stock, the delivery time will be given to the Buyer after the acceptance of order.
6.2 Goods supplied outside the UK delivery time will be given at the point of acceptance of order.
6.3 Where a specific delivery dates has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full credit.
6.4 The Seller shall use its reasonable endeavors 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.
6.5 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.
6.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7. CANCELLATION AND RETURN
7.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
7.2 The Buyer shall inspect the goods following delivery & notify the Seller within 3 days of invoice date or advice of dispatch if the goods are damaged or do not comply with any of the contract.
7.3 Where a claim for return is made, the Goods shall be returned by the Buyer to the Seller within 3 days of delivery. Goods must be returned by the Buyer at the Buyer’s expense within 5 working days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a credit net of postal charges both ways and 10% Administration and Handling charge will be applicable. In order to be considered for replacement, a note showing the following must accompany the goods:
The name and address of the customer returning the goods.
The quantity and description of the goods being returned.
The invoice number or numbers under which the goods were supplied.
The reason for the return.
The return copy.7.4 Any Special item requested by the Buyer to be ordered from Third Parties to fulfill the Buyer’s requirement will not be returned. Please note fridge lines cannot be returned.
7.5 Goods will be requested for return by the Seller in response to a product recall or batch recall issued by a manufacturer and the Buyer will be notified accordingly.
7.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
8. LIMITATION OF LIABILITY
8.1 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.
9. WAIVER
9.1 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.
10. FORCE MAJEURE
10.1 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, failure of any communications, telecommunications or computer system, 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.
11. CHANGES TO TERMS AND CONDITIONS
11.1 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.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England & Scotland and the parties hereby submit to the exclusive jurisdiction of the English & Scottish courts.