Armstrong Medical Terms and Conditions of Sale
1.1 This page (together with the documents referred to on it) tells you, the customer, the terms and conditions on which we supply any of the products (Products) listed on our website www.armstrongmedical.net (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.2 You should print a copy of these terms and conditions for future reference.
1.4 Should you wish to speak to someone about your order please call our Customer Service Department on 028 7035 6029.
1.5 We can put you in touch with a member of staff who can help you with your product selection, ordering and give advice about mask sizing. However, we are unable to give specific medical advice, which should be sought by you through your GP or other medical professional.
www.armstrongmedical.net is a site operated by Armstrong Medical Limited (we). We are a limited company registered in Northern Ireland under company number NI025560, our registered office is at Wattstown Business Park, Newbridge Road, Coleraine, BT52 1BS.
3. OUR STATUS
Please note that we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from these companies will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against those companies.
4. YOUR STATUS
4.1 Before placing an order through our site, you will be required to register and provide personal details, including name, email address, phone number and any other information requested.
4.2 By placing an order through our site, you warrant that:
4.2.1 You are legally capable of entering into binding contracts;
4.2.2 You are at least 18 years old;
4.2.3 The information that you have provided to us for the purpose of ordering or purchasing Products is correct;
4.2.4 The credit or debit card you are using is your own, that the details provided are both valid and correct and that there are sufficient funds to cover the cost of the Products ordered; and
4.2.5 You are resident in the UK.
4.3 By placing an order through our site, you expressly authorise us, or our payment processor, to perform a one-time per purchase credit check and where necessary to transmit or obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and/or authorise individual purchase transactions.
4.4 Your order will only be processed if your credit card billing address and card security code can be verified by our payment processor and you meet the VAT exemption eligibility criteria set out below.
5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and providing you with an order number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
5.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.3 We may refuse to accept an order if:
5.3.1 Products are not available;
5.3.2 We cannot obtain authorisation for your payment in accordance with clause 4.3;
5.3.3 There has been a pricing or Product description error; or
5.3.4 You do not complete a VAT Exemption Declaration form as more particularly detailed in clause 6.
6.1 Your order will not be processed until we have received a completed VAT Exemption Declaration form from you. This form shall be emailed to you after you have placed your order with us through our site and should be completed and returned to us either at the address given in clause 2, by email to firstname.lastname@example.org or by fax to 028 7035 6875.
6.2 The VAT Exemption Declaration form can be completed by you if you are a UK resident and will entitle you to VAT free purchases if you declare that you are chronically sick or disabled and are purchasing goods for personal use.
6.3 If you are not VAT exempt we are unable to process your order via our site. Please contact our Customer Service Department on 028 7035 6029 to discuss alternative ways of placing your order.
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products (seven-day cooling-off period). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
7.2 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 Details of this statutory right, and an explanation of how to exercise it, are set out in clause 10 below. This provision does not affect your statutory rights.
8.1 We will normally dispatch your order within 5 working days but in any event no later than 30 days from the date of receipt of your order, unless there are exceptional circumstances.
8.2 In the event of an item forming part of your order being out of stock or otherwise unavailable for dispatch we will inform you of this by email and provide you with an indication of when we may expect that item to arrive back in stock or become available. You will be given the opportunity to cancel that part of the order if you so wish. For the avoidance of doubt you shall not be charged for that part of the order until it is dispatched. We may also, in the event of an item being out of stock, offer you substitute goods of an equivalent quality and price, which you may accept or reject. If you accept these substitute goods but choose to cancel the Contract within the seven-day cooling-off period in accordance with clause 7.1, we shall be liable for the cost of having the substitute goods returned to us (and clause 10.3.1 shall be construed accordingly).
8.3 We reserve the right to deliver the goods by instalments (whether due to unavailable stock or otherwise) in any sequence and to tender a separate invoice in respect of each instalment. Where the goods are delivered by instalments, the Contract shall become severable and each instalment shall be deemed to be the subject of a separate contract. No default or failure by us in respect of one or more instalments shall entitle you to treat the Contract as repudiated or to damages. You will not incur any additional postage costs for the unavailable items being sent separately.
8.4 Please note that any times or dates quoted for delivery of goods are intended as estimates only, not guarantees, and as such should not necessarily be relied upon. We shall not be liable in any way for any direct or indirect loss, damage or expense (including loss of profits and liability to third parties) suffered or incurred by you as a consequence of any delay in delivery.
8.5 Every effort will be made to adhere to delivery dates, but delay or failure to maintain a delivery date does not entitle you to cancel any order or withhold any payment.
8.6 Your delivery will require a signature. If you are not likely to be at home to sign for your delivery we would suggest that you choose to have your order delivered to your work or an alternative address at the time of ordering.
8.7 Where the carrier fails to make a delivery to you, either because you were not available at the address provided when the carrier attempted to deliver your order and did not collect the order within the time limit set by the carrier or because the address you provided is incorrect or does not exist, and as a result your order is returned to us, we will make a charge not exceeding £16.00 to cover the costs that we incur in sending your order and paying for its return. Upon receiving your returned order we will issue you with a refund for the amount remaining after the deduction of the aforementioned charges. We are unable to resend returned orders but if you still require the items please reorder. We regret that we cannot be held responsible if the carrier has failed to notify you of an attempted delivery. Please contact the carrier directly.
9.1 The price of any Products will be as quoted on our site from time to time in pounds sterling, except in cases of obvious error.
9.2 These prices are in pounds sterling and exclude all applicable duties, taxes and delivery costs, which will be added to the total amount due, as set out in our Delivery Rates section, as applicable.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
9.6 Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we receive your VAT Exemption Declaration form (as detailed in clause 6) and dispatch your order.
10.1 You may cancel and return any Product to us provided that you have notified us within 7 days beginning on the day after the date of delivery. Such returns will be accepted on the terms of this clause 10.
10.2 To cancel a Contract, you must inform us in writing, to the address provided in clause 2, by email (email@example.com) or by fax (028 7035 6875) providing your order number and a brief explanation as to the reason for the return, and request a Returns Authorisation (RA) number. You will be given an RA number which must be clearly marked on the outside of the return packaging. Returns received without a valid and clearly marked RA number will be returned to you at your expense. You shall be responsible for returning the product to us at the address set out in clause 2. If returning multiple items, they must be numbered (for example, 1 of 4, 2 of 4, etc). You must return the Product(s) to us in the same condition in which you received them, with the original packaging still attached. We recommend that you retain “proof of postage” for all Products returned to us.
10.3 When you return a Product to us (following the procedure set out in clause 10.2 above):
10.3.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see paragraph 7 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product(s) in full, including the cost of sending the item to you. However, you will be responsible for the costs of returning the Product(s) to us.
10.3.2 because you claim that the Product is damaged or defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the damaged or defective Product. Products returned by you because of damage or a defect will be refunded in full (including the cost of sending the item to you and the cost to you of sending it back to us). Please note that we will check all items returned as damaged or defective. In the event we find no fault or that the fault has been caused as a result of an accident, neglect, misuse or normal wear and tear, we reserve the right to re-charge you for the item(s) and to recover our fees and expenses from you.
10.5 The Products are medical devices. Should you wish to return Products we would ask that they be returned in their original condition (with all hygienic seals and shrink wrap intact). We reserve the right to refuse returns or to charge you our fees and expenses if the Products are received otherwise than in accordance with these requirements.
10.6 You shall be responsible for any loss or damage to any person or persons arising from the return of Products by post or other means of delivery, that are contaminated with any foreign substance shown to be hazardous to health or a risk to the general public coming into contact with the Products during return delivery. You shall indemnify us in full in respect of any damages, losses and expenses incurred by us in connection with any claims or liabilities that may arise out of or in connection with the subject matter of this clause.
10.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.8 Further information on order cancellations, returns and refunds can be obtained by contacting our Customer Services Department on 028 7035 6875.
11.3 This does not include or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4.1 loss of income or revenue;
11.4.2 loss of business;
11.4.3 loss of profits or contracts;
11.4.4 loss of anticipated savings; or
11.4.5 loss of data,
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 11.4.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be sent to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
18.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
18.4 Nothing in this paragraph shall limit or exclude any liability for fraud.
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Our site is only intended for use by people resident and requiring delivery in the United Kingdom. We do not accept orders from individuals who reside or who require delivery outside the United Kingdom. For delivery outside the UK please contact our Customer Services Department on 028 7035 6029 to discuss alternative ways of ordering.
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Northern Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.