Terms & Conditions

TERMS AND CONDITIONS OF SALE OF
DE SMIT MEDICAL SYSTEMS LIMITED

1 DEFINITIONS

In these Terms and Conditions the following expressions shall have the following meanings

1.1 “Contact Address” means Unit 15 Falcons Gate, Northavon Business Center, Dean Road, Yate, Bristol, BS37 5NH

1.2 “Contract” means a contract between the Seller and the Buyer
for the sale and purchase of Goods incorporating
these Terms and Conditions;

1.3 “De Smit” means De Smit Medical Systems Limited (Company
Number: 06585345) whose registered office is at 584 Wellsway Bath BA2 2UE;

1.4 “Goods” means the articles that the Buyer agrees to buy from
De Smit;

1.5 “You” “Your” means the individual or organisation who buys or
agrees to buy the Goods from De Smit;

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect Your statutory rights as a Consumer as
that expression is defined in section 12 of the Unfair Contract Terms Act 1997.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by De Smit to
You and shall prevail over any other documentation or communication from You.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of Your
acceptance of these Terms and Conditions.

2.4 No variation of these Terms and Conditions shall be binding unless agreed in writing by De
Smit.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by You to purchase Goods pursuant to
these Terms and Conditions and are subject to acceptance by De Smit. De Smit may choose
not to accept an order for any reason.

3.2 De Smit must receive payment of the whole price for the Goods (and any VAT and delivery
charges) that You order before Your order is accepted. Upon receipt of payment De Smit
will confirm that your order has been accepted by sending an email to you at the email
address you provide in your order form. Our acceptance of Your order brings into existence a
legally binding contract between us.

3.3 Where the Goods ordered by You are not available from stock You shall be notified and
given the option to either wait until the Goods are available from stock or cancel the order
and receive a full refund within 30 days.

3.4 When making an order through De Smit’s website, the technical steps You need to take to
complete the order process are described in the Order Process section within the De Smit
website.

4 PRICE AND PAYMENT

4.1 The Price of the Goods shall be as shown on De Smit’s website. The price is exclusive of
VAT. The price excludes delivery charges which are shown on De Smit’s website.

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in
Your shopping cart prior to confirming the order.

5 RIGHTS OF DE SMIT

5.1 De Smit reserves the right to adjust the price and specification of any item on the De smit
website at its discretion.

5.2 De Smit reserves the right to withdraw any Goods from sale at any time.

5.3 De Smit reserves the right to cancel an order:-

5.3.1 if De Smit has insufficient stock;

5.3.2 if any of the Goods ordered was listed at an incorrect price due to a typographical
error or an error in pricing information received by De Smit from De Smit’s
suppliers;

PROVIDED THAT if De Smit exercises its rights under this Clause it will notify You by
email and will as soon as possible (and in any event within 30 days) re-credit to the
debit/credit card used for the order any sum deducted. De Smit will not have any liability to
You in respect of such cancellation.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age You will be asked when
placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.2 If De Smit discovers that You are not legally entitled to order certain Goods, the Seller shall
be entitled to cancel the order immediately, without notice.

7 WARRANTY

De Smit sells Goods subject to a guarantee (either insert warranty here or have link to
warranty). Except where You are dealing as a Consumer, all other warranties, conditions, or
terms relating to fitness for purpose, merchantability or condition of the Goods, whether
implied by statute, common law or otherwise are excluded to the extent permitted by law.

8 DELIVERY

8.1 Goods supplied within the UK will normally be delivered within 2 working days of
acceptance of order.

8.2 Goods supplied outside the UK will normally be delivered within 3 working days of
acceptance of order.

8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met,
You will be notified and given the opportunity to agree a new delivery date or receive a full
refund.

8.4 De Smit shall use its reasonable endeavours to meet any date agreed for delivery. In any
event time of delivery shall not be of the essence and De Smit shall not be liable for any
losses, costs, damages or expenses incurred by You or any third party arising directly or
indirectly out of any failure to meet any estimated delivery date.

8.5 Delivery of the Goods shall be made to Your address specified in the order. You shall make
all arrangements necessary to take delivery of the Goods whenever they are tendered for
delivery.

8.6 Title and risk in the Goods shall pass to You upon delivery of the Goods.

9 CANCELLATION AND RETURN

9.1 You shall inspect the Goods immediately upon receipt and shall notify De Smit on 0845 345
4226 within 7 working days of delivery if the Goods are damaged or do not comply with any
of the Contract. If You fail to do so You shall be deemed to have accepted the Goods.

9.2 Where a claim of defect or damage is made the Goods shall be returned by You to De Smit.
You shall be entitled to a full refund (including delivery costs) plus any return postal charges
if the Goods are in fact defective.

9.3 If You are a Consumer you have the right, in addition to your other rights and without the
need to give any reason, to cancel the Contract by notifying De Smit in writing to the Contact
Address. If You have received the Goods before you cancel the Contract then you must
return the Goods to De Smit at the Contact Address at your own cost and risk. If You cancel
the Contract but De Smit has already processed the Goods for delivery You must not unpack
the Goods when they are received by You and You must send the Goods back to De Smit at
the Contact Address at your own cost and risk as soon as possible and in any event within 30
days.

9.4 Goods must be returned by You at Your expense in their original packaging and should be
adequately insured during the return journey. You will receive a refund of all monies paid for
the Goods (including delivery charges, if any) except for return postal charges within 14 days
of cancellation. If You fail to return the Goods following cancellation, the Seller shall be
entitled to deduct the cost of recovering the Goods from the Buyer.

9.5 Where returned Goods are found to be damaged due to Your fault You will be liable for the
cost of remedying such damage.

10 LIMITATION OF LIABILITY

10.1 If the Goods are not what You ordered or are damaged or defective or the delivery is of an
incorrect quantity, De Smit shall have no liability to You unless You notify De Smit in
writing at the Contact Address of a problem within 10 workings days of the delivery of the
Goods in question.

10.2 If You do not receive Goods ordered by You within 30 days of the date on which You
ordered them, De Smit shall have no liability to You unless you notify De Smit in writing at
the Contact Address of the problem within 40 days of the date on which You ordered the
Goods. 4
If You notify a problem to us under this condition, De Smit’s only obligation will be, at Your
option;

10.2.1 to make good any shortage or non-delivery;

10.2.2 to replace or repair any goods that are damaged or defective; or

10.2.3 to refund to you the amount paid by you for the goods in question in whatever
way De Smit chooses.

10.3 Save as precluded by law, De Smit will not be liable to You for any indirect or consequential
loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising
out of any problem You notify to De Smit under this condition and De Smit shall have no
liability to pay any money to question under clause 10.2.3 above.

10.4 You must observe and comply with all applicable regulations and legislation, including
obtaining all necessary customs, import or other permits to purchase Goods from the De Smit
website. The importation or exportation of certain Goods to or by You may be prohibited by
certain national laws. De Smit makes no representation and accepts no liability in respect of
the export or import of the Goods You purchase.

10.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any
rights You might have as a Consumer under applicable local law or other statutory rights that
may not be excluded nor in any way to exclude or limit De Smit liability to You for any death
or personal injury resulting from De Smit’s negligence.

11 WAIVER

No waiver by De Smit (whether express or implied) in enforcing any of its rights under this
contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

De Smit shall not be liable for any delay or failure to perform any of its obligations if the delay
or failure results from events or circumstances outside its reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery
or shortage or unavailability of raw materials from a natural source of supply, and De Smit shall
be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS

De Smit shall be entitled to alter these Terms and Conditions at any time, but this right shall not
affect the existing Terms and Conditions accepted by You upon making a purchase.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of
England and the parties hereby submit to the exclusive jurisdiction of the English courts.
 
16 ENTIRE AGREEMENT

These Terms and Conditions, together with De Smit’s current website prices, delivery details,
contact details and privacy policy, set out the whole of the Agreement relating to the supply of
Goods to You by De Smit. Nothing said by any sales person on De Smit’s behalf should be
understood as a variation of these terms and conditions or as an authorised representation about
the nature or quality of any Goods offered for sale by De Smit. Save for fraud or fraudulent
misrepresentation, De Smit shall have no liability for any such representation being untrue or
misleading.

17 THIRD PARTY RIGHTS

Except for De Smit’s directors, employees or representatives, a person who is not a party to the
Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any
term of the Contract agreement but this does not affect any right or remedy of a third party that
exists or is available apart from that Act.