Ekomed
DEFINITIONS
In these Terms and Conditions:
"We, "Our", "Us" - Ekomed UK
"Customer" - means any Private Customer or Trade Customer as the case may be;
"Goods" - means the products to be supplied by Us to the Customer;
"Trade Customer" - means a Customer who purchases Goods with a view to resale in the ordinary course of its business and/or who is classified as such;
"Private Customer" - means a Customer who is not a Trade Customer;
"Reserves" - means goods stored by or on behalf of Us in accordance with paragraph 6.
1. USE OF THE EKOMED UK WEBSITE
1.1 This Website is provided by Us for your personal use subject to these Terms. By using the Website you agree to be bound by these Terms.
1.2 All orders and purchases made via the Website will be governed by these Terms and Conditions.
1.3 This Website and the information on this Website may be changed or updated without notice.
1.4 We may revise these Terms and any other legal notice on the Website (including the privacy policy). All changes will be effective when posted on the Website. You should check this Website from time to time to review these Terms and other legal notices, because they are binding on you.
2. REGISTRATION
2.1 To register with Us via this Website you must be over eighteen (18) years of age. You are responsible for ensuring that the details provided by you on registration are correct and complete and for informing us of any changes to the information provided.
2.2 When you register to use the Website you will be responsible for all activities and orders that occur or are submitted under your password. If you forget your password, you can request for it to be sent to your email address. You must keep your password confidential. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. If We has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account in accordance with paragraph 6.3 below.
3. PRICING AND PAYMENT TERMS
3.1 The prices shown are only applicable to purchases made via our website. Prices in our printed material may be higher or lower than shown.
3.2 Every effort is made to ensure that all prices are correct at time of display online and include VAT, where appropriate, or, if appropriate. In the unlikely event of an administrative error resulting in an incorrect price being displayed on the Website, we reserve the right to correct the price. Where we discover an error in the price of any product that you have ordered, we will not be obliged to proceed with your order and we will usually endeavour to inform you of the error and the correct price as soon as possible. In these circumstances, you will not be bound to continue with your purchase and we will usually endeavour to ask you to email us to confirm that you wish to proceed at the corrected price within a stated time. In the event that you reply that you do not wish to proceed at the corrected price, do not reply within the stated time, or if we are unable to contact you, then we will cancel the order and refund the amount paid. In no circumstances will we be obliged to proceed with your purchase of product at an incorrect price, even if we have accepted your order for products displayed at the incorrect price and/or failed to inform you of the error.
3.3 All purchases made via our website must be paid for by PayPal, credit or debit card at the time of order.
4. AMENDED ORDERS
4.1 Once you have placed your order with us, We will acknowledge the receipt of your order by sending an email to you to the address that you supplied when registering with our Website. Once your order has been processed and accepted, We will confirm the acceptance of your order by sending an email to you using the address you supplied when registering with our Website. This brings into existence a legally binding agreement between us, subject to paragraph 3 above concerning incorrect prices. If you need to amend your order after you have received your order acknowledgement, please contact us by email.
5. DELIVERY: MAINLAND UK AND THE EU
5.1 Delivery instructions placed on the Website can only be accepted by Us where delivery of products is to be made to an address within mainland UK.
5.2 Deliveries are made from Monday to Friday. Delivery within mainland UK will normally be made within 3 working days after acceptance by Us of the Customer's order.
5.3 Delivery within mainland UK and the EU is charged at the prevailing rate: FREE OF CHARGE
6. WEBSITE AVAILABILITY
6.1 While We endeavours to ensure that this Website is normally available 24 hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
6.3 Your access to the Website, your ability to participate in all or certain parts of the Website and/or your registration may be terminated by Us at any time without notice and without any liability. Any limitations on Our liability will survive such termination.
7. USE OF THE WEBSITE
7.1 You agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Us against any loss, liability, damage or expense of whatever nature which We or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.
8. THIRD PARTY MATERIALS
8.1 We are not responsible for the contents of any website operated by a third party which may be accessed via this Website and We does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Website are provided for your convenience only and do not imply that We approves or recommends the content of such websites.
9. INTELLECTUAL PROPERTY
9.1 The Ekomed UK name, logo, corporate symbols and trade marks are the sole property of Ekomed UK and no permission is given in respect of their use. The Website and its contents are protected by UK and international copyright laws and other intellectual property rights. Unless otherwise indicated, We are the owner of the copyright and all other intellectual property rights in the Website and its contents. Save as set out below, no part of the Website may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Us.
9.2 You may retrieve and display the content of the Website on a computer screen, or print one copy of such content (including the Terms and Conditions of Sale and any order confirmation) for your own personal use, provided you keep intact all and any copyright and proprietary notices.
10. LIABILITY
10.1 The Website is provided without any warranties or guarantees. To the extent permissible by any applicable law, Us, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Website, or reliance on the Website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Website (whether negligent or not), except that nothing affects any liability of Us, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.
10.2 Whilst We make reasonable attempts to exclude viruses or other destructive computer codes from the Website, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Website or downloading from the Website.
11. GOVERNING LAW
11.1 The Terms and your use of this Website shall be governed by English law. By using the Website and accepting the Terms you submit to the exclusive jurisdiction of the courts of England and Wales, save that We may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to Us.
12. GENERAL
12.1 If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
12.2 Our failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing.
12.3 The section titles in the Terms are for convenience only, and have no legal or contractual effect.
12.4 The parties do not intend the Terms (or any part of them) to be enforceable by any person who is not a party to these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
12.5 Payments and deliveries are operated by Us in accordance with paragraphs 3 and 5.
13.RETURNING GOODS
13.1. All returns must be by prior arrangement, and received within 30 days of invoice date. Customer is responsible for paying shipping costs for returning goods. Goods must be sent by recorded delivery (tracked parcels) as we can't credit any items lost in transit. Please ensure all goods returned are unused, in their original packaging using original protective materials to avoid any damage in transit.
Replacements can only be requested within 14 days of receipt of goods. Once your return is received and inspected, we will process your exchange or credit to your original payment method and send you an email notification same day. Where a credit is given, this will be at the purchase price.
13.2 Lost in Transit Goods.
Lost parcels must be reported in writing within 30 days of the dispatch date. We will begin a "tracer investigation" to locate your goods straight away. This investigation will take up to 14 calendar days to complete. If the tracer investigation is unsuccessful, we will notify you and fully compensate the loss by sending a replacement or issuing a full refund .
13.3 Damaged Goods.
If you find your products to be damaged in transit, please notify us within 48 hours of receipt. Any notification later than this will result in a void claim. We may ask you to provide a photographic proof of damage where the goods cannot be returned in the original packaging. We will not be liable for any damage if you fail to do this. Damaged in transit goods will be replaced, or refunded at customers request only after evaluation of the condition of the goods.
13.4 Additional Returns Information.
We recommend using a recorded delivery service for returns as we cannot be responsible for products which don't make it back to us.