Terms of Use and Policies
Privacy Policy
1. Introduction
a. We are committed to safeguarding the privacy of our website visitors and service users.
b. This policy applies when we act as a data controller regarding the personal data of our website visitors and service users; in other words, when we determine the purposes and means of processing that personal data.
c. We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.
d. In this policy, “we”, “us”, and “our” refer to de Smit Medical Systems Ltd.
2. Credit
a. This document was created using a template from SEQ Legal (https://seqlegal.com).
3. How we use your personal data
a. In this Section 3, we have set out:
i. The general categories of personal data that we may process;
ii. In the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
iii. The purposes for which we may process personal data; and
iv. The legal bases of the processing.
b. We may process data about your use of our website, products and services (“usage data”). The usage data may include your IP address, login data, geographical location, browser type and version, browser plug-in types and versions, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use of this website. The source of the usage data is our analytics tracking system. This usage data may be processed to analyse the use of the website and services. The legal basis for this processing is our legitimate interests, namely, monitoring and improving1 our website and services.
c. We may process your account data (“account data”). The account data may include your name and email address. The source of the account data is you or your employer. The account data may be processed to operate our website, provide our services, ensure the security of our website and services, maintain back-ups of2 our databases and communicate with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
d. We may process your information in your profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, username and password, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed to enable and monitor your use of our website and services. The legal basis for this processing is our3 legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
e. We may process your personal data provided during the use of our services (“service data”). The service data may include:
i. Usage Data: see paragraph 3.2 for further information.
ii. Account Data: see paragraph 3.3 for further information.
iii. Profile Data: see paragraph 3.4 for further information.
iv. Publication Data: see paragraph 3.7 for further information.
v. Enquiry Data: see paragraph 3.8 for further information.
vi. Transaction Data: see paragraph 3.9 for further information.
vii. Notification Data: see paragraph 3.10 for further information.
viii. Correspondence Data: see paragraph 3.11 for further information.
f. The source of the service data is you or your employer. The service data may be processed to operate our website, provide our services, ensure the security of our website and services, maintain back-ups of our databases and communicate with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
g. We may process information that you post for publication on our website or through our services (“publication data”). The publication data may be processed to enable such publication and administer our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
h. We may process information regarding goods and/or services (“enquiry data”) in any enquiry you submit. The enquiry data may be processed to offer, market, and sell relevant goods and/or services to you. The legal basis for this processing is consent.
i. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website, including your user name or similar identifier (“transaction data”). The transaction data may include your contact details, your card details and the transaction details, including payment. The transaction data may be processed to supply the purchased goods and services and keep proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
j. We may process information4 that you provide to us for the purpose of subscribing to our email notifications and/or newsletters including information about your preference, feedback and survey response (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
k. We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the5 metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper6 administration of our website and business and communications with users.
l. We may process any of your personal data identified in this policy where necessary for establishing, exercising, or defending legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
m. We may process any of your personal data identified in this policy where necessary to obtain or maintain insurance coverage, manage risks, or obtain professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risk.
n. In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect7 your vital interests or the vital interests of another natural person.
o. Please do not supply any other person’s personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
a. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary to obtain or maintain insurance coverage, manage risks, obtain professional advice, or establish, exercise or defend legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
b. Financial transactions relating to our8 website and services may be handled by our payment services provider, SagePay. We will share transaction data with9 our payment services providers only to the extent necessary to process your payments, refund them, and deal with complaints and queries relating to them. You can find information about the payment services providers’ privacy policies and practices at https://www.sagepay.co.uk/policies/privacy-policy.
c. In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests10 or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for establishing, exercising, or defending legal claims, whether in court proceedings or an administrative or out-of-court procedure.
d. We require all third parties to respect the security of your personal data and treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process it for specified purposes and in accordance with our instructions.
5. International transfers of your personal data
a. We do not transfer your personal data outside the European Economic Area (EEA).
b. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent others from using (or misuse) such personal data.
6. Retaining and deleting personal data
a. This section sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations regarding retaining and deleting personal data.
b. We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including satisfying any legal, accounting, or reporting requirements.
c. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
d. Our Data Retention and Destruction policy provides details of retention periods for different aspects of your personal data, which you can request by contacting us.
7. Amendments
a. We may update this policy occasionally by publishing a new version on our website.
b. You should check this page occasionally to ensure you are happy with any changes to this policy.
8. Your rights
a. In this Section 8, we have summarised the rights that you have under data protection law. Some rights are complex, and not all details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities to fully explain these rights.
b. Your principal rights under data protection law are:
i. The right to access;
ii. The right to rectification;
iii. The right to erasure;
iv. The right to restrict processing;
v. The right to object to processing;
vi. The right to data portability;
vii. The right to complain to a supervisory authority; and
viii. The right to withdraw consent.
c. You have the right to confirm (a “data subject access request”) whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply you with a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
d. You have the right to11 have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed. We may need to verify the accuracy of new data you provide to us.
e. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure and we will notify you at the time of your request if any of these apply. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
f. In some circumstances you have the right to request the restriction of the processing of your personal data. Those circumstances are: you want to evaluate the accuracy of the personal data we hold; processing of the personal data by us is unlawful but you do not want us to erase it; we no longer need the personal data for the purposes of our processing, but you need us to hold it for the establishment, exercise or defence of legal claims; and you have objected to our processing but we need to verify whether we have overriding legitimate grounds to use it, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
g. You have the right to object to our processing of your personal data on grounds relating to your particular situation which enables you to ask us to suspend the processing of your personal data in certain circumstances, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
h. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
i. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for performing a task in the public interest.
j. To the extent that the legal basis for our processing of your personal data is:
i. consent; or
ii. that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request before entering into a contract, and such processing is carried out by automated means; or
iii. you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
k. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
l. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of any processing carried out before you withdraw consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
m. You may exercise any of your rights in relation to your personal data by written notice to us.
9. No fee is usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
10. What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of12 your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank, plus an original copy of a utility bill showing your current address). We may also contact you to ask for further information about your request to speed up our response.
11. Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
12. About cookies
a. A cookie is a file containing an identifier (a string of letters and numbers) sent by a web server to a web browser and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
b. Cookies may be “persistent” or “session” cookies. A web browser stores a persistent cookie and will remain valid until its set expiry date unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session when the web browser is closed.
c. Cookies do not typically contain any information that personally identifies a user. Still, the personal information we store about you may be linked to the information stored in and obtained from cookies.
13. Cookies that we use
a. We use cookies for the following purposes:
i. Authentication – we use cookies to identify you when you visit our website and as you navigate our website;
ii. Status – we use cookies to help us determine if you are logged into our website;
iii. Personalisation – we use cookies to store information about your preferences and to personalise the website for you;
iv. Security – We use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
v. Analysis13 – we use cookies to help us to analyse the use and performance of our website and services;
vi. Cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.
14. Cookies used by our service providers
a. Our service providers use cookies, and those cookies may be stored on your computer when you visit our website.
b. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/. [The relevant cookies are: _ga, _gat, _gid].]
15. Managing cookies
a. Most browsers allow you to refuse to accept and delete cookies. The methods vary from browser to browser and from version to version. You can, however, obtain up-to-date information about blocking and deleting cookies via these links:
i. https://support.google.com/chrome/answer/95647?hl=en (Chrome)
ii. https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
iii. http://www.opera.com/help/tutorials/security/cookies/ (Opera);
iv. https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
v. https://support.apple.com/kb/PH21411 (Safari); and
vi. https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
b. Blocking all cookies will negatively impact the usability of many websites.
c. If you block cookies, you cannot use all the features on our website.
16. Our details
a. This website is owned and operated by de Smit Medical Systems Ltd.
b. We are registered in England and Wales under registration number 6585345, and our registered office is at 584 Wellsway, Bath, BA2 2UE.
c. Our principal place of business is at Bristol Road, Cromhall, South Gloucestershire, GL12 8AX.
d. You can contact us:
i. by post, to the postal address in section 14.3;
ii. by email using our website contact form;
iii. by telephone, on the contact number published on our website; or
iv. by email, using the email address published on our website.
17. Data protection officer (dpo)
a. Our DPO’s contact details are: Simon Griffiths, Operations Director – [email protected]
Shop Terms and Conditions of Sale
1. Definitions
In these Terms and Conditions the following expressions shall have the following meanings
1.1. “Contact Address” means Bristol Road, Cromhall, South Gloucestershire, GL12 8AX (Telephone: +44 (0)800 047 2967 / Email: [email protected])
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 in1 of The Consumer Rights Act 2015.
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. Please read these
Terms and Conditions carefully before you submit your order to us as they tell you who we are, how we will provide Goods to You, how You and De Smit may change or end the contract, what to
do if there is a problem and other important information.
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. The images of products on the De Smit website are for illustrative purposes only. Although De Smit have made every effort to display the colours accurately, De Smit cannot guarantee that a
device’s display of the colours or the printed pictures on our website accurately reflects the colour of the products. Your Goods (and their packaging) may vary slightly from those images.
3.5. 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 Medical.
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.
5.4. De Smit may change the Goods shown on De Smit’s website:
5.4.1. to reflect changes in relevant laws and regulatory requirements; and
5.4.2. to implement minor technical adjustments and improvements which will not adversely affect the use of the Goods
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
7.1. The Goods come with a manufacturer’s guarantee. For details, please refer to the Manufacturer’s guarantee provided with the Goods. 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 (and subject to stock availability) be delivered within 5 working days [and in any event within 30 days after the day] of acceptance of order.
8.2. Goods supplied outside the UK will normally (and subject to stock availability) be delivered within 14 working days [and in any event within 30 days after the day] 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. If delivery of the products is delayed by an event outside De Smit’s control then De Smit will contact You as soon
as possible to let You know and will take steps to minimise the effect of the delay. Provided De Smit do this De Smit will not be liable for delays caused by the event, but if You are a consumer and
there is a risk of substantial delay You may contact De Smit to end the contract and receive a refund for any Goods You have paid for but not received. Unless You are a consumer 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. Ownership of 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. 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.
9.4. Where returned Goods are found to be damaged due to Your fault You will be liable for the cost of remedying such damage.
9.5. If You are a Consumer You may have the right to cancel this contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days without
giving any reason.
The cancellation period will expire after 14 days on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the Goods
To exercise the right to cancel, You must inform us at de Smit Medical Systems Ltd, Bristol Road, Cromhall, South Gloucestershire, GL12 8AX, by fax to 0845 345 4227 or by email to
[email protected] of Your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the following model cancellation form, but it is not
obligatory.
Form of Cancellation
To de Smit Medical Systems Ltd at Bristol Road, Cromhall, South Gloucestershire, GL12 8AX, by fax to +44 (0)845 345 4227 or by email to [email protected]
I hereby give notice that I cancel my contract for the purchase of [insert product details ] ordered on [insert date ].
Name of consumer
Address of consumer
Signature of consumer (if sent by post or fax)
Date
To meet the cancellation deadline, it is sufficient for you to send Your 08ommunication concerning your exercise of the right to cancel before the cancellation period has expired.
Please note that this cancellation right does not apply if the Goods or any part of the Goods which are dispatched sealed and sterile becomes unsealed and/or unsterile after delivery.
If You cancel this contract, De Smit will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery
other than the least expensive type of standard delivery offered by us).
De Smit may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
De Smit will make the reimbursement without undue delay, and not later than
a) 14 days after the day we receive back from you any Goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that You have returned the Goods, or
(c) if there were no Goods supplied, 14 days after the day on which De Smit are informed about Your decision to cancel this contract.
De Smit will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any
fees as a result of the reimbursement. De Smit may withhold reimbursement until De Smit have received the Goods back or You have supplied evidence of having sent back the Goods, whichever
is the earliest.
Save as set out above once Goods been dispatched there is no right to a refund.
9.6. If You are a Consumer You may have additional rights under the The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected
life of your Goods your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If You wish to exercise Your legal rights to reject Goods you must either post them back to De Smit or (if they are not suitable for posting) allow De Smit to collect them from you. De Smit will pay
the costs of postage, please contact us for a free returns label or collection.
The above is a summary of Your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04
05 06.
10. Limitation of Liability
10.1. Subject to clause 9.6, 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 7 workings days of the delivery of the Goods in question.
10.2. Subject to clause 8.4, 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.
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. Unless You are a consumer 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 other than under clause 10.2.3 above.
10.4. If You are a consumer, if De Smit fails to comply with these Terms, De Smit will be responsible for loss or damage You suffer that is a foreseeable result of De Smit breaking these Terms or failing to
use reasonable care and skill, but will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the
contract was made, both parties knew it might happen, for example, if You discussed it with an authorised representative of De Smit during the sales process. The Goods are only supplied to You
for domestic and private use. If You use the products for any commercial, business or re-sale purpose De Smit will have no liability to You for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
10.5. 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.
10.6. 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
11.1. 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
12.1. 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
13.1. 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
14.1. 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
15.1. 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
16.1. 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
17.1. 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.
Labour Standards and Modern Slavery Policy
de Smit Medical Systems Ltd distributes a range of medical and non-medical devices throughout the UK. These products include:
- Women’s health products
- Bladder scanners
- Biomedical test equipment.
Resulting from its business operations, the Company acknowledges its obligations towards its customers, employees, and the communities in which it works, and has decided to document its policy in relation to labour standards and for this document to be approved by senior management, specifically by the Managing Director.
de Smit Medical’s Management define this policy as relevant to the organisation itself, its suppliers and other parties engaged through the supply chain.
Scope of Policy
de Smit Medical Systems Ltd is applying this policy to the products it anticipates supplying into the NHS via all frameworks.
Nature and Scale
The Company seeks to implement a policy which is appropriate in nature and scale to the Company and in line with its status, as defined by EU law, as an SME.
Continual Improvement
The Company commits to periodically review this policy to continually improve, taking into consideration changes in legislation, and any other requirements to which the Company subscribes, and in order to ensure the adequacy, suitability and continuing effectiveness of the policy.
Specifically, the policy will be routinely reviewed at the Company’s Management Review Meetings and will be integrated into its QMS.
Minimum Labour Standards
The Company has identified the following compelling reasons to establish a comprehensive system of Minimum Labour Standards to guide it in its business operations.
- Ethical responsibilities – the company acknowledges its obligations towards its customers, employees, and the communities in which it works arising from its business operations and wishes to work and trade in an ethical fashion.
- Threat to security of supply – the company has identified that labour standards abuse in supply chains can pose a risk to the security of supply. Any supply chain partners perpetrating abuses face legal enforcement action which may damage business and interfere with their ability to continue to supply.
- Adverse publicity and damage to the company’s reputation – adverse publicity from the discovery of labour standards abuses in the company’s supply chain presents reputational and structural risks as follows – (a) income – customers may choose to purchase supplies and services from other providers (b) staff recruitment and retention – staff may choose not to work for a company associated with any labour standards abuses and this may lead to poor morale in the work place and difficulty in recruitment (c) loss of trust – both with customers and suppliers and also within the wider community.
- Reduced quality of goods and services – the company recognises that there is commonly a link between poor labour standards and poor quality of goods and services. To this end, it is in the interest of the company to ensure its suppliers reach minimum labour standards targets at all times.ts at all times.
To help it identify a defined set of minimum labour standards, the Company has particularly referred to the following resources:
- Social Accountability International’s SA8000 document and the UN’s Universal Declaration of Human Rights
- Modern Slavery Act 2015
These minimum labour standards are:
- Child Labour – the Company does not engage in or support the use of child labour. If the company engages any young workers (e.g.: on work experience), it will ensure that a suitable risk assessment is carried out and that young persons are not exposed to any hazardous conditions, or in any case work more than 8 hours per day.
- Forced & Compulsory Labour – the Company shall not engage in or support the use of forced or compulsory labour, or bonded or involuntary prison labour. Employees are free to leave upon reasonable notice.
- Health & Safety – the Company shall provide a safe and healthy workplace environment and shall take effective steps to prevent potential accidents and injury to employees’ health by minimizing, so far as is reasonably practicable, and in co‐operation with its employees, the causes of hazards inherent in the workplace. All employees will receive safety and job specific instructions during their employment with the company. Employees shall have access to clean sanitary facilities and drinking water. Responsibility for implementing the Health & Safety element of this policy is assigned to the Commercial Director.
- Freedom of Association – the freedom of association is respected, and the Company will comply with UK labour relations legislation in this regard.
- Discrimination – the Company shall not engage in or support any discriminatory practices in hiring, remuneration, access to training, promotion, termination, or retirement based on race, national or social origin, caste, religion, gender, sexual orientation, political affiliations, age, or other conditions that could give rise to discrimination. The Company has an Equal Opportunities and Diversity Policy which is shown to all new employees at induction.
- Disciplinary Practices – the Company shall treat all employees with dignity and respect. The Company shall not engage in or tolerate the use of corporal punishment, mental or physical coercion or verbal abuse of personnel. No harsh or inhumane treatment is allowed.
- Working Hours – the Company shall comply with applicable laws and industry standards on working hours and holiday entitlements. The Company’s normal working hours do not exceed 48 hours per week, and overtime hours do not exceed 12 hours per week. The Company ensures all employees have the legal right to be employed in the UK.
- Remuneration ‐ the Company shall comply with national laws and regulations regarding wages and benefits. All work-related activities are carried out based on a recognised employment relationship established according to national law and practice.
The Company also commits to:
- Compliance with relevant legal and other requirements to which it subscribes
- Ensure that all its key contractors, sub‐contractors and suppliers are aware of this policy
- Make available sufficient resources for the implementation of this policy.
The Company will make this policy publicly available on request and the policy will be communicated to employees in the first instance, and to all contractors, sub‐contractors, and suppliers.
Updated: 24 August 2023