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By
purchasing goods from www.breakspearmedical.com/shop or
www.breakspearstore.co.uk you enter a legally binding agreement with us
on the following terms. You should read and understand these terms
because they affect your rights and liabilities.
These terms describe the basis for purchase by you and sale by us of the products described on this web site.
1. Definitions and interpretation
In these terms the following words have the following meanings:
Contract
the contract for the sale and purchase of the Goods;
Delivery Area
addresses within the United Kingdom and Southern Ireland. Prices/service
may vary for orders shipped to addresses outside the United Kingdom and Southern Ireland.
Goods
the
range of pathology tests and products (including any transferring of
the goods or any parts for them) which are available for purchase from
our web site in accordance with the terms;
the Web Site
the Seller, we, or us
Breakspear
Medical Group Limited (Registered in England 2035350) and our
registered office is at Breakspear Medical Group, Hertfordshire House, Wood
Lane, Hemel Hempstead HP2 4FD).
2. Basis of the sale
1.
An agreement for us to sell you Goods is made on these terms when we
accept an order made by you via our Web Site. The description of the
Goods, the price, VAT, insurance and delivery costs are set out in the
order page. We will confirm acceptance of your order on-screen.
2.
We aim to give you a clear idea of the nature of the products we sell.
Illustrations, descriptions, other information as to particular
products are described as best as possible and for guidance only. We
may in our sole discretion from time to time vary the nature of the
Goods from that advertised without notice to you, so long as these
variations are not material alterations.
3. Details of the order
1. The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).
2.
Orders are accepted at our sole discretion but are normally accepted if
the Goods are available, the order reflects current pricing, you are
based in the Delivery Area and your credit or account card is
authorised for the transaction.
3.
The Goods which can be ordered via our Web Site are only available for
delivery to you if you are based in our Delivery Area.
4. Price of the Goods
1.
If the price of the Goods increases between the date we accept your
order and the delivery date, we will let you know and ask you to
confirm by e-mail that the new price is acceptable. If it is not
acceptable then you will, of course, have the option of cancelling the
order.
2.
Our charges for transport, packaging and insurance are detailed on the
order page and will be included in the total price for the Goods.
5. Payment terms
1.
We will charge your credit or debit card account for payment after receipt of your online order and prior to dispatch. Items with a
lead time greater than 30 days will be charged up to 7 days prior to
dispatch. We accept no liability if a delivery is delayed because you
did not give us the right payment details.
2.
If it is not possible to obtain full payment for the Goods from your
account on delivery of the Goods to you, we can cancel the Contract or
suspend any further deliveries to you. This does not affect any other
rights we may have.
3.
We will take all reasonable care to keep all information connected with
your order secure but we cannot be held liable for any loss that you
may suffer if a third party obtains unauthorised access to any data,
including credit and account details you provide when accessing or
ordering from this Web Site, unless this is solely due to our
negligence.
6. Delivery
1.
We will deliver the Goods to the address you specify for delivery in
your order. It is important that this address is accurate. Please be
precise about where you would like the Goods left if you are out when
we deliver. We cannot accept any liability for any loss or damage to
the Goods once they have been delivered in accordance with your
delivery instructions.
2.
We will aim to deliver within 30 days but delivery times are not
guaranteed. If delivery is delayed due to any cause beyond our
reasonable control, the delivery date will be extended by a reasonable
period and we will contact you to arrange an alternative time.
7. Risk and ownership
1.
Risk of damage to or loss of the Goods passes to you at the time of
delivery to you or, if you fail to take delivery at the agreed time,
the time when we tried to deliver.
2.
You will only own the Goods once they have been successfully delivered
and when we have received cleared payment in full. Goods supplied are
not for resale.
8. Returns/Options to cancel
1. Returns. Items must be returned within one year of purchase. No credit given if seal has been broken.
There is a 20% handling charge applied to returned Pharmacy items.
Special orders/prescription only medicine (POM) are not returnable. We
will not pay the costs of returning an item to us. Until we receive the
goods you are returning, they are your responsibility. For your
protection and peace of mind, we recommend you use a recorded delivery
service to return things.
2. Cancellations. If you wish to cancel an online order within 24 hours of placing it, please drop us an e-mail at pharmacy@breakspearmedical.com
with details of the order you are cancelling. A charge may be made if the
cancellation is done after the order or a part of the order has been dispatched.
9. Liability
1. We accept unlimited liability for death or personal injury caused by our negligence.
2.
If you have a valid claim in respect of any of Goods which is based on
any defect in their quality or condition or their failure to meet
specification in accordance with the Contract, and you have returned
the Goods within a reasonable time, you will be entitled to choose
either a refund of the price of the Goods or replacement Goods free of
charge.
3.
We shall not be liable to you in connection with any contract, in tort
(including negligence), contract or otherwise for any loss of profit,
anticipated savings or data that your business may suffer. We shall,
however, be liable for losses that you suffer as a result of our breach
of contract and that could have been contemplated by both you and us at
the time the contract is concluded.
4. These terms and conditions do not affect your statutory rights as a consumer.
5.
We will continually improve the Goods, so changes to them may be made
at any time. We will use reasonable commercial endeavours to keep the
Web Site up to date but the information and specifications given are
for your information only and are subject to change without notice.
Pictures on the Web Site are generally accurate but variations must be
expected.
6. The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area.
7. We assume no responsibility for the contents of any other web sites to which this Web Site has links.
10. Matters out of our control
We will
not be liable to you or in breach of the Contract for delay or failure
to perform due to a cause beyond our reasonable control.
11. Copyright
1.
All of the written, photographic, design and audio content of the Web
Site together with the selection and arrangement of it and all software
compilations are our copyrighted property or that of the people who
have granted to us the right to use it and is protected as such. All
rights reserved.
2.
None of this material may be used without our written permission. You
may download or print a single copy for your own off-line viewing.
3.
All names, logos, slogans, or other phrases may be a trade mark of ours
or another person or corporation. Any unauthorised use of a trade mark
is unlawful.
12. Privacy
All your private data is confidential. We will never sell, exchange or market it in any way.
13. Changes
We reserve the right to make changes to this Web Site and these terms at any time.
14. Complaints
15. General
1.
Emails to you will be to the address you specify to us. It is important
that you give us an accurate and valid e-mail address and tell us of
any changes to it.
2.
If either we or you fail to enforce a right under these terms, that
failure will not stop us or you from enforcing the other rights, or the
same type of right on a later occasion.
3.
To the extent that any provision of these terms is found by any court
or competent authority to be invalid, unlawful or unenforceable in any
jurisdiction, that provision will be deemed not to be a part of these
terms, it will not affect the enforceability of the remainder of these
terms nor will it affect the validity, lawfulness or enforceability of
that provision in any other jurisdiction.
4. The headings in these terms are for convenience only and will not affect their interpretation.
16. Governing law and jurisdiction
These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
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