In these Terms and Conditions of business the following meanings shall apply:-
"the Company" shall mean Simply Meds Pro Ltd trading as SimplyMeds Pro, of Unit K2 Beckingham Business Park, Beckingham Street, Tolleshunt Major, CM9 8LZ.
"the Customer" shall mean any person or persons, firm or company who buys or agrees to buy goods from the Company
2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of goods entered into by the Company where goods are despatched by the Company to the Customer by mail order or delivery. All conditions of the Customer or other terms and conditions or warranties whatsoever whether communicated before or after these Terms and Conditions are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and the Customer's own conditions shall not be regarded as a counter offer.
2.2 The Company reserves the right to contact external credit reference agencies.
2.3 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
2.4 Customer shall inform the Company if at any time their license/registration expires and has not been renewed, or is limited, revoked, terminated, cancelled or no longer associated with the customer account.
3.1 Delivery dates and times specified are approximated we use third party delivery providers and therefore cannot foresee any potential delays or issues. You will be provided with an email and or text message with an estimated hourly delivery slot.
4.1 Goods which are not shown in the Company's catalogue in force at the time of order will only be accepted for return and credit by the Company when the Company have given prior authorisation. Orders for such Goods can only be cancelled prior to delivery to the customer where the Company has yet to receive the Goods from the manufacturer. The Company reserves the right to raise a reasonable cancellation charge and to invoice the customer for any cancellation charge levied by the manufacturer.
4.2 Goods which are shown in the Company's catalogue in force at the time of order will be accepted for return only upon the following conditions:
4.2.1 Returned goods must be accompanied by the customer's number, the number of the invoice upon which the goods were supplied and full details of the reason for return. Goods will not be accepted for return and credit if the original invoice cannot be traced.
4.2.2 Goods returned must be in a condition suitable for re-sale, and inclusive of all original packaging, operating instructions, guarantee card and accessories.
4.2.3 Goods must be returned within 30 days of delivery to the Customer.
4.2.4 Returns received after 30 days from the date of invoice will not be accepted and will be returned to the customer, if mutually agreed to accept said items back then we will administer a 10% restocking fee and charge the customer for any collection fees we receive from the relevant collection firm.
4.2.5 Where items are received by the Customer in an unusable condition, items incorrect or quantities are incorrect the Customer must notify the Company within 3 days of delivery. Thereafter, unless otherwise instructed, items must be returned in accordance with these conditions.
4.3 Goods which are damaged or lost in transit upon return will not be credited by the Company as it is the Customer's responsibility to ensure that Goods are adequately packaged and labelled.
4.4 Upon receipt of returned goods a credit will be provided at a sum equal to that which the Customer paid for the goods.
5.1 In addition to clause 4 above, pharmaceuticals will only be accepted for return by the Company where the reason for return is one of the following: -
(a) to correct an error in delivery;
(b) in response to a product or batch recall, instigated by a manufacturer;
(c) where products or packages are alleged to be faulty.
5.2 In all cases of returns of pharmaceuticals, goods must be returned by the customer and received at Simplymeds Pro within 10 days of the invoice date.
5.3 Customers are reminded that it is illegal to send certain products postal methods and in no circumstances will we accept any used Alloy or contaminated products but into our facility for the safety of our staff and also for the general public who may come into contact with said products. Instead of return an email with photographs if necessary can be sent to us at email@example.com before disposing of said products in your normal regulatory manner.
6.1 The price to be paid by the Customer shall be the sum(s) shown by the Company's invoice(s). This price shall be based on the sum quoted to the Customer in the Company's price list, verbal agreement via telephone or as priced on our website but the Company reserves the right to amend those prices at any time in its absolute discretion and to correct clerical errors or omissions.
6.2 The prices quoted in the Company's price list are in pounds sterling. Due to fluctuations in currency exchange rates the Company reserves the right to alter prices charged to customers outside the UK. Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax, which shall be due at the rate in force on the date of the Company's invoice to the Customer.
6.3 Orders placed with and sent directly from manufacturers will incur a carriage charge invoiced by the Company.
6.4 Payment of the price and VAT shall be due by the 14th day of the month following the date of the Company's invoice. Time for payment shall be of the essence and payment must be made without set-off or credit. Where the Customer wishes to make payment by credit card, full payment must be made at the time of the order. Should the statement not be settled by the 14th of the following month a £15 account chasing administration fee will be applied.
6.5 Where goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.
6.6 If the Customer is in default in paying any sum as and when it becomes due, the Company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any goods remain to be delivered thereunder. Additionally, payment for all goods supplied to the Customer shall become immediately due and owing, whether previously invoiced or not.
6.7 In the event that the Customer fails to pay any monies by the due date, in excess to the £15 administration charge the Company shall be entitled to charge interest on the outstanding monies after the due date to the date of actual payment at the rate of 3% per month or part month. The customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonoured cheques will be payable by the Customer.
6.8 Effective 6th February 2019, all orders less than £50, exclusive of VAT, will have a £3 small order handling charge applied at the time of order.
7.1 The Company shall not in any event be liable for indirect or consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply or goods or materials, including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply or failure of supply of goods or services by the Company (other than liability for death or personal injury resulting from the negligence of the Company) and whether arising from breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.
7.2 In all other cases (being cases of direct and natural losses or damage) it is specifically provided and agreed that the compensation and damages payable under any claim or claims arising out of the contract between the parties under whatsoever pretext shall not under any circumstances amount in aggregate to more than the contract price or the goods and/or services forming the subject of the claim or claims.
7.3 No liability for such direct losses shall attach to the Company unless details of such losses are notified to the Company in writing within 7 days of the date of delivery of the goods, or the date of the event giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged shortages or breakages, claims must be notified to the Company within 3 days of despatch of the goods by the Company. Alleged non-delivery of goods must be notified in writing to the Company within 5 days of receipt of either the invoice for the goods or a statement of account, whichever is the sooner.
7.4 For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement.
These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of England.
TYPOGRAPHICAL OR OTHER ERRORS Whilst Simplymeds Pro takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. We do not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While we make reasonable efforts to prevent unauthorised tampering with the Web site, Simplymeds Pro does not guarantee that our efforts will always be successful. Therefore, as set below, Simplymeds Pro does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.
DISCLAIMER OF WARRANTIES SIMPLYMEDS PRO MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. SIMPLYMEDS PRO PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER, SIMPLYMEDSPRO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. SIMPLYMEDS PRO DENTAL SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
INDEMNIFICATION BY USER You agree to defend, indemnify, and hold harmless Simplymeds Pro their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.
TERMINATION Simplymeds Pro shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which Simplymeds Pro determines in its sole discretion to be unacceptable.