Conditions
1.1 IN THESE CONDITIONS:
Contract means any contract for the sale of products and/or the supply of services between us and you into which these conditions are incorporated;
Conditions means the standard terms and conditions of sale set out herein, including any special terms and conditions agreed in writing by us and attached hereto;
Products means the products and/or services which we shall supply in accordance with these Conditions, details of which are set out overleaf;
We means Sensipharm, and “us” and “our” shall be construed accordingly;
You means the customer whose details are set out overleaf, and “your” shall be construed accordingly.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
1.4 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.5 Unless expressly stated otherwise, where our prior written consent is required in these Conditions, then we shall be under no obligation not to unreasonably withhold or delay in giving that consent.
2. BASIS OF SALE
2.1 Our employees or agents are not bond to any advise given in response on any questions asked, unless confirmed by us in writing. In entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
2.2 non of our products are to be paid by installments. Failure by paying will result in an automatic cancellation of the order. Unless otherwise stated by us in correspondence with you (all need to be confirmed in writing).
2.3 All specifications, drawings and particulars of prices, weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.
3. ORDERS AND SPECIFICATIONS
3.1 When you place an order to purchase Products, we will send you an email confirming receipt of your order and containing details of your order. Your order represents an offer to purchase the Product(s) which is accepted by us when payment is confirmed and than we will dispatch the Products . The acceptance of your order is conditional on the Products being intended for your personal use, and not intended for resale. All orders are subject to availability. Products cannot be reserved, and we reserve the right to refuse to accept an order.
3.2 If we reasonably believe you are intending to resell the Products, whether on eBay or otherwise, we reserve the right to refuse to accept your order. In the event that we do accept your order:
(a) we reserve the right to vary these Conditions at our discretion, and will notify you of any variations prior to the Products being dispatched; and
(b) the terms of our ‘no quibble returns policy’ will be withdrawn, and we will only accept returned Products within seven days of dispatch if they were defective at the time of dispatch.
3.3 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Products within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
4. PRICE OF THE PRODUCTS
4.1 The price of the Products shall be our quoted price. All prices and price information were correct at the time of publishing, and are subject to change without notice. The quoted prices are for online or telephone purchases only.
4.2 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and have already paid for the products, you will receive a full refund.
4.3 We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Products to reflect any increase in the cost to us which is due to any factor beyond our reasonable control, any change in delivery dates, quantities or specifications for the Products which are requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions. You will be asked to re-confirm your order at the new price.
4.4 Except as otherwise agreed in writing by us, all prices are given by us on an ex works basis, and where we agree to deliver the Products otherwise than at our premises, you will be liable to pay our charges for transport, packaging and insurance.
4.5 The price is inclusive of any applicable value added tax which you shall automatically be liable to pay to us. Any changes in the rate of value added tax will result in an automatic change in our quoted prices.
4.6 We reserve the right to alter the specification of products as necessary and offer an equivalent or better product in the event of stock anomalies.
5. TERMS OF PAYMENT
5.1 Please see our Payment Options for our terms of payment.
5.2 If you fail to make any payment on the due date then we reserve the right to:
(a) cancel the Contract or suspend further deliveries to you;
(b) appropriate any payment made by you to such of the Products as we may think fit; and
(c) charge you interest (as well after as before any judgment) on the amount unpaid, at the rate of 3% per annum above Barclays Bank plc base rate from time to time, until payment is made in full, accruing pro rata on a daily basis.
(d) recover from you the costs we or our merchant services provider may incur in respect banking and similar transaction costs in regard of your cheques or credit card payments which are dishonored by your bank or credit card company.
5.3 Where a cheque or credit card payment is dishonored by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company "Tran sax" or "Certegy Ltd") may charge you for, and you will be liable to pay them for any fees as a result.
6. DELIVERY
6.1 You shall make all arrangements to take delivery of the Products whenever they are tendered for delivery.
6.2 Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Products in advance of the quoted delivery date upon giving you reasonable notice.
6.3 If we fail to deliver the Products (or any installment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar products to replace those not delivered over the price of the Products.
6.4 If you fail to take delivery of the Products or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to:
(a) store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
(b) sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
6.5 Please see our Delivery & Postage policy for postage charges.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Products shall pass to you in the case of Products to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Products, the time when we have tendered delivery of the Products.
7.2 Not withstanding delivery and the passing of risk in the Products or any other provision of these Conditions, the legal and equitable property in the Products shall not pass to you until we have received in cleared funds payment in full of the price of the Products.
7.3 Until such time as the property in the Products passes to you (and provided the Products are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Products to us and, if you fail to do so forthwith, to enter upon any premises where the Products are stored and repossess the Products.
8. WARRANTIES AND LIABILITY
8.1 Subject as expressly provided in these Conditions, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Products are sold to a person dealing as a consumer, we warrant that the Products are of satisfactory quality and fit for their normally intended purpose.
8.2 Where the Products are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your statutory rights are not affected by these Conditions. Further information on statutory rights can be obtained from Trading Standards or Citizens Advice Bureau.
8.3 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees, agents or otherwise) which arise out of or in connection with the supply of the Products or their use or resale by you, and our entire liability under or in connection with the Contract shall not exceed the price of the Products, except as expressly provided in these Conditions.
9. YOUR INSOLVENCY
9.1 If you make any voluntary arrangement, become bankrupt, insolvent or commit any other act of bankruptcy, we reserve the right to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Products have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
10. GENERAL
10.1 We will not liable to you or deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s obligations if the delay or failure to due to act cause beyond our reasonable control.
10.2 These Conditions do not purport to confer a benefit on any third party.
10.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business.
10.4 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.5 If any provision of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.
10.6 We reserve the right to monitor and record telephone calls our staff receive and make in order to monitor staff performance and ensure the highest service possible to our customers.
10.7 All photographs, images and descriptions on this website are the copyright of Sensipharm, and may not be reproduced without the express consent of Sensipharm.
