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Terms and Conditions of Sale
1. Definitions and Interpretation
1.1 In these conditions of sale (“Conditions”) the following words have the following meanings:
1.1.1 “Buyer” means you, being the person(s), firm or company who purchases the Goods from the Company;
1.1.2 “Company” means Care Charts Ltd (Care Charts UK is a trading name of Care Charts Ltd Ltd) whose registered office is at: 28 Wimblehurst Road, Horsham, West Sussex, RH12 2ED.
1.1.3 “Contract” means any contract between the Company and the Buyer for the sale and purchase of the Goods incorporating these Conditions;
1.1.4 “Goods” means any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them); and
1.1.5 “Working Day” means Monday to Friday inclusive excluding statutory holidays in the UK.
1.2 In these Conditions references to any law, statute or statutory provision or subordinate legislation shall, unless the context otherwise requires, be construed as a reference to that law, statute or statutory provision or subordinate legislation as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 In these Conditions headings will not affect the construction of these conditions.
2. The Contract Between Us
2.1 The Company must receive payment of the whole of the price for the Goods that the Buyer wishes to order before the Company can accept the Buyer’s order. Once payment for all the Goods has been received by the Company, the Company will confirm to the Buyer that the Buyer’s order for the Goods has been accepted. The Company will do this by sending an email or letter of acknowledgement to the Buyer at the contact address the Buyer provides. Only once the Company has accepted the Buyer’s order by email or post as detailed above will a legally binding contract between the Company and the Buyer come into effect.
3. Price for the Goods
3.1 The prices payable for the Goods that the Buyer orders are as set out in our website www.carechartsuk.co.uk.
3.2 The Buyer will be required to pay extra charges for delivery of the Goods and it may not be possible for the Company to deliver to certain locations. The Company’s current delivery charges are set out in our website.
4. The Goods
4.1 All samples, drawings, descriptive matter, specifications and advertising issued by the Company on its website or otherwise and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract and this is not a sale by sample.
4.2 The Buyer acknowledges that it has not relied on any statement, promise or representation, whether written or oral, made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this Condition 4.2 will exclude or limit the Company’s liability for fraudulent misrepresentation.
4.3 The quantity and description of the Goods shall be as set out in the Company’s acknowledgement of order, usually sent by email.
4.4 The Buyer acknowledges that due to the Company’s policy of continually striving to improve its products there may be small differences of design between what is shown on the Company’s website and other promotional material and the products despatched to the Buyer.
5. Buyer’s Right to Cancel Contract
5.1 The Buyer may cancel its Contract with the Company for the Goods the Buyer orders at any time up to the end of the 7th (seventh) working day from the date the Buyer receives the Goods ordered. The Buyer does not need to give the Company any reason for cancelling its Contract nor will the Buyer have to pay any penalty to the Company in respect of such cancellation.
5.2 To cancel the Buyer’s Contract, the Buyer must notify the Company in writing.
5.3 If in any circumstances the Buyer has received the Goods before it cancels the Contract then the Buyer must send the Goods back to the Company’s contact address at the Buyer’s own cost and risk. If the Buyer cancels its Contract but the Company has already processed the Goods for delivery, the Buyer must not unpack the Goods when they are received by the Buyer and the Buyer must furthermore send the Goods back to the Company at the Company’s contact address at the Buyer’s own cost and risk as soon as possible.
5.4 Once the Buyer has notified the Company that the Buyer is cancelling its Contract, any sum debited to the Company from the Buyer’s credit [or debit] card will be re-credited to the Buyer’s account as soon as possible and in any event by the Company within 30 days of the Buyer’s order PROVIDED ALWAYS THAT the Goods in question are returned by the Buyer and received by the Company in the condition the Goods were in when delivered to the Buyer. If the Buyer does not return the Goods delivered to it or does not pay the costs of delivery or the costs of returning the Goods, the Company shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to the Buyer.
5.5 We will refund or credit any good returned within 7 days of purchase if they have been damaged in transit or the wrong item has been despatched, provided the item is unused and in its original packaging.
6. Cancellation of the Contract by the Company
6.1 The Company reserves the right to cancel the Contract between it and the Buyer if:
6.1.1 The Company has insufficient stocks to deliver the Goods the Buyer has ordered; or
6.1.2 The Company does not deliver to the Buyer’s area; or
6.1.3 One or more of the Goods the Buyer ordered was listed at an incorrect price on the Company’s website due to a typographical error or an error in the pricing information received by the Company from its suppliers.
6.2 If the Company does cancel the Buyer’s Contract, the Company will notify the Buyer and will re-credit to the Buyer any sum paid to the Company by the Buyer as soon as possible but in any event within 30 days of the Buyer’s order. The Company will not be obliged to offer any additional compensation to the Buyer for any disappointment suffered.
6.3 The Buyer’s right to possession of the Goods shall terminate immediately and the title in the Goods shall automatically revert to the Company if the Company is at any time informed that any payment made to the Company for the Goods by the Buyer has been dishonoured. In such case, the Buyer shall be liable to the Company for all reasonable costs incurred by the Company in reclaiming the Goods from the Buyer, including, without limitation, all legal and other professional costs.
7. Delivery of the Goods to the Buyer
7.1 The Company will deliver the Goods ordered by the Buyer to the address the Buyer gives the Company for delivery at the time the Buyer makes an order. In certain circumstances, the Company may deliver the Goods by separate instalments. If the Company intends to deliver the Goods in instalments, the Company will notify the Buyer.
7.2 Delivery of the Goods will be made by the Company as soon as possible after the Buyer’s order is accepted by the Company and normally within 5 working days of receiving cleared funds. Any dates specified by the Company for delivery of the Goods are intended to be an estimate only, however, and time for delivery shall not be made of the essence by notice by the Buyer. If no date is so specified, delivery of the Goods by the Company will be within a reasonable time.
7.3 The Buyer will become the owner of the Goods it has ordered when the Goods have been delivered to the Buyer. Once the Goods have been delivered to the Buyer, the Goods will be held at the Buyer’s own risk and the Company will not be liable to the Buyer for the loss or destruction of any or all of the Goods.
8.1 If the Goods the Company delivers are not what the Buyer ordered or the Goods are damaged or are defective or the delivery is of an incorrect quantity of the Goods, the Company shall have no liability to the Buyer unless the Buyer notifies the Company in writing at the Company’s contact address of the problem (in reasonable detail to allow the Company to ascertain the nature of the problem) within 5 working days of the delivery of the Goods in question.
8.2 If the Buyer does not receive the Goods ordered by the Buyer within 30 days of the date on which the Buyer ordered them, the Company shall have no liability to the Buyer unless the Buyer notifies the Company in writing at the Company’s contact address of the problem within 40 days of the date on which the Buyer ordered the Goods. If the Buyer notifies a problem to the Company under this Condition 8.2, the Company’s only obligation will be, at the Buyer’s option, to:
8.2.1 make good any shortage or non-delivery of the Goods; or
8.2.2 replace or repair any Goods that are damaged or defective; or
8.2.3 refund to the Buyer the amount paid by the Buyer for the Goods in question in whatever way the Company may choose.
8.3 Save as precluded by law, the Company will not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including, but not limited to, loss of profits, damage to the Buyer’s business or goodwill) howsoever arising out of any problem the Buyer may notify to the Company under Condition 8.1 and the Company shall have no liability to pay any money to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for the Goods in question.
8.4 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 the Company’s website. The importation or exportation of certain of our Goods to the Buyer may be prohibited by certain national laws applicable in certain territories. The Company makes no representation and accepts no liability in respect of the export or import of the Goods the Buyer may purchase from the Company.
8.5 Notwithstanding the foregoing provisions of this clause 8, nothing in these 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 Company’s liability to the Buyer for any death or personal injury resulting from the Company’s negligence.
8.6 The maximum liability of the Company under these Conditions (save in respect of personal injury or death caused by the Company’s negligence) shall not exceed the value of the Goods under the Contract.8.7 The Company shall not be liable to the Buyer by reason of the fact that the Buyer failed to follow the Company’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) prudence or good trade practice.
9. Notices and Communications
Unless otherwise expressly stated in these Conditions, all notices from the Buyer to the Company must be in writing and sent to the Company’s correct contact address and all notices from the Company to the Buyer will be sent to the postal or email address notified to the Company in the Buyer’s order. Notices and communications received by the Company after 5pm UK time will be deemed to be received on the next working day.
10. Events Beyond the Company’s Control
The Company shall have no liability to the Buyer for any failure to deliver Goods the Buyer has ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond the Company’s reasonable control including, without limitation, strikes, civil unrest or other commotion, lock-outs and other industrial action or disputes, breakdown of systems or network access (by reason of technical fault, virus or any other reason), flood, fire, earthquake, explosion or accident.
11. Invalidity of Conditions
If any part of these Conditions is found by a competent court of law to be unenforceable (including any provision under which the Company excludes its liability to the Buyer) the enforceability of any other part of these Conditions shall not be brought into question by such unenforceability.
13.1 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
13.2 The Company may assign the Contract or any part of it to any person, firm or company.
14. Third Party Rights
Except for the Company’s affiliates and other group companies, directors, employees or representatives, a person who is not a party to this Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of any third party that exists or is available apart from pursuant to that Act.
15. Miscellaneous Provisions
15.1 The Contract between the Company and the Buyer shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between the parties.