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Imedeen UK Terms and Conditions
Welcome to our Imedeen UK web site (the " Imedeen UK Site" or the "Site"). Imedeen
UK Online ("Imedeen UK Online", "we", "us" or "our") provides the services available
on the Site to you subject to the following terms and conditions (the "Terms and
Conditions"). By accessing or using the Site, you are acknowledging that you have
read, understand, and agree, without limitation or qualification, to be bound by
these Terms and Conditions. Please note that if you visit one of our other regional
Sites, you are subject to the terms and conditions applicable for that Site and
we suggest that you consult such terms and conditions.
1. Privacy Policy
Please review our Privacy Policy, which forms a part of these Terms and Conditions
and governs your visit to the Site, so that you may understand our privacy practices.
2. About Imedeen UK Online
Ferrosan Limited is the supplier of the goods and our address is Ferrosan Ltd, 4th
Floor, 20 York Buildings, London, WC2N 6JU.
3. Eligibility
To be eligible to purchase goods on this Site and to lawfully enter into and form
contracts on this Site under English law you must: (a) register on the Site; and
(b) be the holder of a valid debit/credit card.
4. Language
This contract shall be concluded in English.
5. Prices
All prices indicated for products available via the Site are inclusive of VAT (where
applicable) at the current rates and are exclusive of delivery charges. The total
cost of your order is the price of the products ordered and delivery charges as
set out in the Delivery section of the Site .
6. Product Descriptions
We will take all reasonable care to ensure that all details, descriptions, images
and prices of products appearing on the Site are correct at the time when the relevant
information was entered onto the system; however, to the extent permitted by applicable
law, we do not warrant that the product descriptions, colours or other content available
on the Site are accurate, complete, reliable, current, or error-free. Although we
aim to keep the Site as up to date as possible, the information including product
descriptions appearing on this Site at a particular time may not always reflect
the product exactly at the moment you place an order. We cannot confirm the price
of a product until your order is accepted in accordance with our order acceptance
policy. See Section 8 below.
7. Purchase Related Policies
The products and services available on the Site, and any samples thereof we may
provide to you, are for personal use only. You may not sell or resell any of the
products or services, or samples thereof, you purchase or otherwise receive from
us. Please note that samples are subject to availability.
We reserve the right, with or without notice, to cancel or reduce the quantity of
any orders that we believe, in our sole discretion, may result in the violation
of our Terms and Conditions.
8. Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple
instructions on the Site. You will be offered the opportunity to review your proposed
order and confirm or correct it prior to finally placing your order. You place your
order request for goods from the Imedeen UK Site by clicking on the Submit button
at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing
you with the details and value of your order, which has been debited to your credit/debit
card. This is not an order acceptance from Imedeen UK Online.
Unless we have notified you that we do not accept your order or you have cancelled
your order in accordance with the Cancellation section of the Site , our acceptance
of your order and the completion of the contract between you and us will take place
when we have dispatched the goods ordered by you. To cancel your order after it
has been dispatched to you, you will need to follow the Returns Policy & Procedure
.
If you require a VAT invoice, please contact us at 0870 188 8070.
If you require any information regarding your order(s) please contact Customer Services
on the following number (open 9am - 6pm, Monday to Friday, Saturday 10am-4pm) 0870
188 8070 or email abbm@ferrosan.com.
We may not accept your order if an item you have ordered is out of stock, we are
unable to obtain authorisation for your payment, we suspect fraudulent activity
or violation of these Terms and Conditions (including our Privacy Policy) or if
we identify a product or pricing error.
If we are unable to fulfill your order following our order acknowledgement, we will
contact you by email or telephone advising you of this.
9. Payment
You many pay using any of the methods specified in the Payment section of this Site.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation
by the card issuer. If the issuer of your payment card refuses or does not, for
any reason, authorise payment to us, whether in advance or subsequent to a payment,
we will not be liable for any delay or non-delivery.
10. Title to Goods
We will retain the legal ownership of the goods until full payment has been made
by you and such payment has been received by us. Legal ownership of the goods will
immediately revert to us if we refund any such payment to you.
11. Risk of Loss
Risk in the goods will pass to you upon delivery to you.
12. Delivery
We will deliver the goods in accordance with the delivery option selected by you
during the order process. See Delivery section of our Site . Any delivery timescales
quoted to you are indicative only. Orders may be delivered in one or more parts.
We do not accept any liability whatsoever for delayed delivery caused by any third
party.
13. Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the
goods unless you notify us that you have cancelled the order and/or you return the
goods in accordance with the Returns Policy & Procedure. If no such action is
taken, we shall not be obliged to accept any rejection of the goods at a later date.
Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation
email sent to you when an order is received, please contact Customer Services on
the following number (open 9am - 6pm, Monday to Friday, Saturday 10am-4pm) 0870
188 8070 or email abbm@ferrosan.com.
14. Intellectual Property
All content available on the Site, including, but not limited to, text, graphics,
logos, button icons, images, audio clips, data compilations, and software, and the
compilation thereof (collectively, the "Content") is the property of Ferrosan Limited,
our affiliates, our partners or our licensors, and is protected by EU and international
copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively,
the "Trademarks") are the registered and unregistered marks of Ferrosan Limited,
our affiliates, licensors or partners, in the EU and other countries, and are protected
by EU and international trademark laws. All other Trademarks not owned by us, our
affiliates, partners or licensors that appear on the Site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored
by us. Except as set forth in the limited license in Section 10 below, or as required
under applicable law, neither the Content, the Trademarks, nor any other portion
of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in whole or in part, for any purpose without our
prior written consent.
15. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make
personal use of the Site. This limited license does not include the right to: (i)
frame or utilise framing techniques to enclose the Site or any portion thereof (ii)
modify or download the Site or its contents (except caching or as necessary to view
content); (iii) make any use of the Site or its Content other than personal use;
(iv) create any derivative work based upon either the Site or its Content; (v) collect
account information for the benefit of another party; (vi) use any meta tags or
any other "hidden text" utilising our name or the Trademarks; or (vii) use software
robots, spiders, crawlers, or similar data gathering and extraction tools, or take
any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink
to the home page of the Site for personal, non-commercial use only. A website that
links to our Site (i) may link to, but not replicate, our Content; (ii) may not
imply that we are endorsing such website or its services or products; (iii) may
not misrepresent its relationship with us; (iv) may not contain content that could
be construed as distasteful, obscene, offensive or controversial, and may contain
only content that is lawful and appropriate for all ages; (v) may not portray us
or our products or services, in a false, misleading, derogatory, or otherwise offensive
or objectionable manner, or associate us with undesirable products, services, or
opinions; (vi) may not use any Trademark without express written permission; and
(vii) may not link to any page of the Site other than the home page. We may, in
our sole discretion, request that you remove any link to the Site, and upon receipt
of such request, you shall immediately remove such link. Any unauthorised use by
you of the Site terminates the limited license set forth in this Section 9 without
prejudice to any other remedy provided by applicable law.
16. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions
and the special warnings or instructions for access or use posted on the Site. You
shall act always in accordance with the law, custom and in good faith. You may not
make any change or alteration to the Site or any Content or services that may appear
on this Site and may not impair in any way the integrity or operation of the Site.
Without limiting the generality of any other provision of these Terms and Conditions,
if you default negligently or willfully in any of the obligations set forth in these
Terms and Conditions (including our Privacy Policy), you shall be liable for all
the losses and damages that this may cause to Imedeen UK Online, our affiliates,
partners or licensors.
17. Your Account
You warrant that the personal information which you are required to provide when
you register as a customer is true, accurate and current in all respects. See our
Privacy Policy regarding the treatment of your personal information.
You are responsible for ensuring that the personal information you provide to us
is up to date. If your personal information changes then please notify us immediately
by contacting Customer Service on the following number (open 9am - 6pm, Monday to
Friday, Saturday 10am-4pm) 0870 188 8070 or email
abbm@ferrosan.com.
Alternatively, you can update your details through the "my account" page.
You are responsible for maintaining the confidentiality of your account and password
and for taking all reasonable measures to prevent unauthorised access to your account.
You agree to accept responsibility for all activities that occur under your account
or password. If you have reason to believe that your password has become known to
somebody else, or is likely to be used in any way that is unauthorised by you, you
should contact us immediately. If you forget your password we will reset it upon
your request and send it to the email address, which you specified when you registered.
Your account can be cancelled at any time by contacting Customer Services on the
following number (open 9am - 6pm, Monday to Friday, Saturday 10am-4pm) 0870 188
8070 or email abbm@ferrosan.com.
You agree not to impersonate any other person or entity or to use a false name or
a name that you are not authorised to use.
We reserve the right to refuse service and/or terminate accounts without prior notice
if you violate these Terms and Conditions or if we decide, in our sole discretion,
that it would be in Imedeen UK Online's best interests to do so.
18. Third Party Links
We are not responsible for the content of any off-Site pages or any other Sites
linked to or from the Site. Links appearing on the Site are for convenience only
and are not an endorsement by us, our affiliates or our partners of the referenced
content, product, service, or supplier. Your linking to or from any off-Site pages
or other Sites is at your own risk. We are in no way responsible for examining or
evaluating, and we do not warrant the offerings of, off-Site pages or any other
Sites linked to or from the Site, nor do we assume any responsibility or liability
for the actions, content, products, or services of such pages and Sites, including,
without limitation, their privacy statements and terms and conditions. You should
carefully review the terms and conditions and privacy policies of all off-Site pages
and other Sites that you visit.
19. Submissions
It is our policy to decline unsolicited suggestions and ideas. Any solicited or
unsolicited enquiries, feedback, suggestions, ideas or other information you provide
us (collectively, "Submissions") will be treated as non-proprietary and non-confidential.
Subject to the terms of our Privacy Policy, by transmitting or posting any Submission,
you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign,
translate, create derivative works from, distribute, and display any Submission
in any form, media, or technology, whether now known or hereafter developed, alone
or as part of other works. You also acknowledge that your submission may not be
returned and we may use your Submission, and any ideas, concepts or know how contained
therein, for any purpose including, without limitation, developing, manufacturing,
distributing and marketing products. If you make a Submission, you represent and
warrant that you own or otherwise control the rights to your Submission. You further
represent and warrant that such Submission does not constitute or contain software
viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise
mislead us as to the origin of any Submission. You agree to indemnify us for all
claims arising from or in connection with your claims to any rights in any Submission.
20. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR
THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT
OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b)
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED
AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (e)
COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION
WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES;
(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE
CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT
PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED STERLING AS APPLICABLE
OR THE VALUE OF THE GOODS ORDERED WHCHEVER IS GREATER. BECAUSE SOME COUNTRIES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW.
21. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs,
including reasonable legal fees, resulting from any third party claim, action, or
demand resulting from your use of the Site. You also agree to indemnify us for any
loss, damages, or costs, including reasonable attorneys' fees, resulting from your
use of software robots, spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable burden or load
on our infrastructure.
22. Complaints
If you wish to complain about any matter in respect of the goods please contact
Customer Service on the following number (open 9am - 6pm, Monday to Friday, Saturday
10am-4pm) 0870 188 8070 or email
abbm@ferrosan.com.
23. Disputes
Your use of this Website and any purchase by you of any goods from Ferrosan Ltd
shall be governed by English law and the parties hereto submit to the exclusive
jurisdiction of the English courts.
24. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy
Policy, constitute the complete and exclusive agreement between us concerning your
use of or purchases on the Site, and supersede and govern all prior proposals, agreements,
or other communications. We reserve the right, in our sole discretion, to change
these Terms and Conditions at any time by posting the changes on the Site. Any changes
are effective immediately upon posting to the Site. Your continued use of the Site
constitutes your agreement to all such terms and conditions. We may, with or without
prior notice, terminate any of the rights granted by these Terms and Conditions.
You shall comply immediately with any termination or other notice, including, as
applicable, by ceasing all use of the Site. Nothing contained in these Terms and
Conditions shall be construed as creating any agency, partnership, or other form
of joint enterprise between us. Our failure to require your performance of any provision
hereof shall not affect our full right to require such performance at any time thereafter,
nor shall our waiver of a breach of any provision hereof be taken or held to be
a waiver of the provision itself. No failure to exercise and no delay on the part
of either party in exercising any right, remedy, power or privilege of that party
under these Terms and Conditions and no course of dealing between the parties shall
be construed or operate as a waiver thereof, nor shall any single or partial exercise
of any right, remedy, power or privilege preclude any other or further exercise
thereof or the exercise of any other right, remedy, power or privilege. The rights
and remedies provided by these Terms and Conditions are cumulative and are not exclusive
of any rights or remedies provided by law. Time shall not be of the essence of these
Terms and Conditions as regards any of the times, dates and/or periods mentioned
herein In the event that any provision of these Terms and Conditions shall be unenforceable
or invalid under any applicable law or be so held by any applicable court decision,
such unenforceability or invalidity shall not render these Terms and Conditions
unenforceable or invalid as a whole. We will amend or replace such provision with
one that is valid and enforceable and which achieves, to the extent possible, our
original objectives and intent as reflected in the original provision. If you have
any questions regarding these Terms and Conditions, please contact us by e-mail
at abbm@ferrosan.com.
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