These terms and conditions apply to any sales of products by A.O.R. (Europe) Limited (a company registered in England under number 05190679, whose trading address is at Unit 5, Windmill Place, Windmill Lane, Southall, Middlesex UB2 42J) ('we' or 'us') to you, the customer who wishes enter into a contract to buy products from us.
Please note that these terms and conditions apply only to consumers, being individuals who are buying our products for their own use only. These terms and conditions do not apply to medical practitioners or anyone who is buying in the course of a business, where special terms and conditions apply.
| 1. |
ORDERING FROM US |
| 1.1 |
When you place an order with us, whether by telephone, fax, email or otherwise, we will send you an order acknowledgement [by fax, email or by letter], detailing the products you have ordered and the price to be paid. |
| 1.2 |
Our acceptance of an order takes place when we despatch the order, which is usually within five working days of the date of your order. We will send you a despatch confirmation [by email]. When we despatch the order the purchase contract will be made and your credit or debit card will be charged (unless you have already forwarded payment for the products to us), unless we have notified you that we do not accept your order or you have cancelled your order. |
| 1.3 |
We may refuse to accept an order: |
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(a) |
where goods are not available; |
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(b) |
where we cannot obtain authorisation for your payment; |
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(c) |
if there has been a pricing or product description error; or |
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(d) |
if you do not meet any eligibility criteria set out in our terms and conditions. |
| 1.4 |
To order from us you must be over eighteen years of age. |
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| 2. |
PRICING |
| 2.1 |
Unless otherwise agreed by us in writing, the price shall be as set out in our price list published as at the date on which you place the order, as confirmed in our acknowledgement of order. |
| 2.2 |
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. |
| 2.3 |
Our charges exclude the costs of postage and insurance, the additional costs of which will have been notified to you when you placed your order and will be confirmed in our acknowledgement of order. |
| 2.4 |
Our prices are reviewed periodically and the next review will be on 1st June 2006. |
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| 3. |
CANCELLATION AND RETURNS POLICY |
| 3.1 |
If you wish to cancel your order: |
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(a) |
you can notify us by email before we have dispatched the goods to you; or |
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(b) |
where goods have already been dispatched to you, by returning goods to us in accordance with condition 3.2 below. |
| 3.2 |
You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you. |
| 3.3 |
Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit, as you require. |
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| 4. |
QUANTITY AND DESCRIPTION OF PRODUCTS |
| 4.1 |
The quantity and description of our products to be sold to you shall be as set out in our acknowledgement of order. |
| 4.2 |
All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of our products. |
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| 5. |
DELIVERY |
| 5.1 |
Unless otherwise agreed in writing by us, we shall arrange for delivery of the products to you by post to your address as set out in our acknowledgement of order. |
| 5.2 |
Any delivery dates specified by us are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. |
| 5.3 |
We may deliver any order to you by separate instalments. Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment. |
| 5.4 |
Our liability for any non-delivery of products shall be limited to replacing them within a reasonable time or issuing a refund for the price paid. |
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| 6. |
RISK/TITLE |
| 6.1 |
The products are at your risk from the time of despatch. If you wish us to arrange insurance to cover the period until delivery to your premises, a separate charge will be levied for such insurance |
| 6.2 |
We will not despatch any products to you until payment has been made in full (in cash, by credit or debit card or in cleared funds). Ownership of the products will pass to you once we have received payment in full of any sums outstanding to us. |
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| 7. |
QUALITY |
| 7.1 |
Where we do not manufacture the products ourselves we shall endeavour to transfer to you the benefit of any product warranty or guarantee given to us. |
| 7.2 |
We warrant that (subject to the other provisions of these conditions) upon delivery our products shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979. |
| 7.3 |
We shall not be liable for a breach of the warranty in condition 7.2 unless you give us written notice of the defect and you return such products to us at your cost within 14 days of delivery. |
| 7.4 |
We shall not be liable for a breach of the warranty in condition 7.2 if the defect arises because you failed to follow our instructions as to the storage or use of the products. |
| 7.5 |
Subject to conditions 7.3 and 7.4, if any of the products do not conform to the warranty in condition 7.2 we shall refund their price (or provide you with replacements or a credit note if you prefer) provided that you have returned the defective products to us. We shall have no further liability to you in respect of such faulty products. |
| 7.6 |
Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) your statutory rights are not affected by these conditions. |
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| 8. |
LIMITATION OF LIABILITY |
| 8.1 |
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions. |
| 8.2 |
Nothing in these conditions excludes or limits our liability: |
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(a) |
for death or personal injury caused by our negligence; or |
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(b) |
under section 2(3), Consumer Protection Act 1987; or |
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(c) |
for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or |
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(d) |
for fraud or fraudulent misrepresentation. |
| 8.3 |
Subject to conditions 8.1 and 8.2: |
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(a) |
our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms conditions shall be limited to the price paid or payable by you under condition 2; and |
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(b) |
we shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these terms and conditions. |
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| 9. |
FORCE MAJEURE |
| 9.1 |
We shall not be liable for any inability to deliver the products ordered by you if due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days from your order, you shall be entitled to give notice to us to cancel your order. |
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| 10. |
GOVERNING LAW AND JURISDICTION |
| 10.1 |
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. |
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| 11. |
GENERAL |
| 11.1 |
Each right or remedy under these terms and conditions is without prejudice to any other right or remedy of ours whether under these terms or not. |
| 11.2 |
If any provision of these terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these terms and conditions shall continue in full force and effect. |
| 11.3 |
Any waiver by us of any breach of, or any default under, any provision of these terms by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provision of these terms and conditions. |
| 11.4 |
We may assign these terms to any person, firm or company. |
| 11.5 |
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. |
| 11.6 |
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999. |
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