Terms and Conditions of Trade
1.1 In these conditions the following expressions shall have the following meanings:
(a)"Account Customers" means the Customer who has been setup with a credit account by the Company;
(b) "Company" means My Sexual health Shop (Company Number 07326383) and whose registered office is situated at 10 Church St, Paddock, Huddersfield, West Yorkshire, HD1 4TR VAT no: GB 998121386
(c) "Contract" means the contract between the Company and the Customer for the sale and purchase of Goods which shall be subject to these Conditions;
(d) "Customer" means the person, firm, company or other legal entity (including without limitation any NHS hospital, private hospitals and clinics General practice (Gp) surgery, General public, prison or government agency) placing an order with the Company;
(e) "Conditions" means these terms and conditions;
(f) "Goods" means all those goods and materials which are to be supplied to the Customer by the Company under the Contract;
1.2 Words in the singular shall include the plural and vice versa, references to any gender shall include the others and references to legal persons shall include natural persons and vice versa.
1.3 The headings in these conditions are intended for reference only and shall not affect their construction.
2. FORMATION OF CONTRACT
2.1 These Conditions shall apply to all orders received by the Company from a Customer for supply of goods (the Goods) in the United Kingdom. These Conditions will prevail over any terms and conditions on the Customer's order form, form of contract or any other communication sent by the Customer to the Company and the placing of an order for, or the acceptance of, the Goods by the Customer shall indicate unqualified acceptance of these Conditions. No other conditions whether or not inconsistent with these Conditions shall apply.
2.2 No employee, representative, agent or sales person has the Company's authority to vary, amend or waive any of these Conditions on behalf of the Company and no amendment or additions to any of these Conditions shall be deemed to have been accepted unless accepted in writing by a director of the Company or set out as a special condition in the order confirmation
3.1 The Company hereby notifies the Buyer that telephone calls received by the Company's order processing and customer support departments may be monitored for quality control, staff training and service improvement purposes.
3.2 Each order for Goods will be deemed to be an offer by the Customer to purchase the Goods upon these Conditions (the Order). A contract shall not be formed until the Goods are despatched (the Contract).
3.3 Orders for pharmaceuticals or Prescription Only Medicines (POM) are accepted on a 30 day invoice account only. All new accounts will require a BMA registered Doctor or Prescribing Nurse's signature. The Company may accept credit card payments for POM providing a 30 day invoice account has been previously set up.
3.4 All controlled drugs, being any substance as listed in Schedule 2 of The Misuse of Drugs Act 1971 and Schedule 1 to 5 of The Misuse of Drugs Regulations 2001 (as amended from time to time) will require a Doctors' signature to be received with each order request.
3.5 Goods are subject to availability, in the event that the Company is unable to supply the Goods, the Customer will be informed as soon as possible. An alternative will be offered or a full refund will be given where the Company has already received payment for those Goods.
4. CUSTOMER'S AUTHORITY
4.1 Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these Conditions.
5. DETAILS AND SPECIFICATIONS
5.1 Details and specifications of Goods will be as set out in the Company's current catalogue/marketing materials. The Company reserves the right to alter specifications of any given product and to withdraw any item or promotion without explanation or notification. Current specifications can be confirmed on the website, with the Company by telephone or email.
6.1 The price for the Goods will be the price set out in the Company's current catalogue or websites or any specific sales promotional material (unless advised by the Company differently at point of purchase). Where the Company offers category and volume discounts on the Goods, details of such discounts and of any Goods which are not included within such discounts are published on http://www.mysexualhealthshop.com/Terms_And_Conditions.
6.2 In the unlikely event that the price of an item has been incorrectly advertised the Company will contact the Customer to ask whether the Customer wishes to proceed at the correct price. If not, or the Company is unable to obtain the Customers instructions, the Company will cancel the Order and a full refund will be given where the Company has already received payment for those Goods.
6.3 The Company reserves the right to change any price without notice.
6.4 The Company shall be entitled to increase the price for the Goods at any time prior to delivery to take account of increases in costs including (but not limited to) labour, overheads and transport.
6.5 Costs of packaging, carriage and any applicable sales tax, duty, customs duties and all other taxes, duties and expenses in respect of the Goods, will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT, must provide a validated certificate at the time of ordering.
7.1 The Company may at its sole discretion agree to set up a Customer on a credit account. Standard method of full payment for credit accounts is by BACS transfer or Cheques, within 30 days of date of issue of invoice.
7.2 Customers that do not have a credit account, payment will be taken online at the time of placing your order, via debit or credit card, payments will be taken via UPG (MSHS will appear on statements).
7.3 The Customer with credit accounts shall make payment for the Goods in full within 30 days of date of invoice for the Goods is dated. The Company shall be entitled to invoice each instalment as and when delivery has been made. Time of payment shall be of the essence of the Contract. The Company may accept alternative methods of payments, at its sole discretion.
7.4 All other accounts including prepayment accounts and all other purchases require payment at time of order placement. The Company may, at its sole discretion, accept payments by credit, debit card via UPG (MSHS will appear on statements) or BACS.
7.5 In the event of overdue payment the Company may charge interest at the higher of a rate of four per cent above the base lending rate from time to time of Barclays Banks plc or such rate as is set down in any relevant statute. Such interest will accrue, compounded on a daily basis, from the date upon which payment was due until payment in full and shall continue both before and after judgment and the Company will be entitled to suspend delivery of subsequent Orders and any agreed discounts until the outstanding amount has been received.
7.6 Where, after acceptance of an order, the Company has grounds for believing that Customer may not be able to fulfil its payment obligations, the Company shall be entitled to require from the Customer suitable security for such payment obligations prior to delivery of the Goods.
7.7 The Customer shall not purport to set off or withhold any payment claimed or due from the Company under any Contract.
8. RISK AND OWNERSHIP FOR ACCOUNT CUSTOMERS
8.1 Except as otherwise provided in these Conditions, the risk of damage to or loss of the Goods shall pass to the Account Customer upon delivery of the Goods in accordance with clause 12.2.
8.2 The Company shall retain title to and ownership of the Goods and the Account Customer will hold them as Company's bailee and fiduciary agent until the Company has received payment in full of all sums due under the Contract. If payments received from the Account Customer are not stated to refer to a particular invoice the Company may appropriate such payments to any outstanding invoice at the Company's discretion.
8.3 Until payment of the purchase price the Account Customer shall be the bailee of the Goods and except where otherwise permitted by the Company in writing the Goods shall be stored separately from any goods which belong to the Account Customer or any third party, and shall be clearly marked and identifiable as being the Company's property.
8.4 If the Account Customer fails to make any payment to the Company when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order made against it or being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if the Company has reasonable cause to believe that any of these events is likely to occur:
(a) the Account Customer grants the Company the right to enter without prior notice any premises where Goods owned by it may be, and to repossess and dispose of any Goods owned by it so as to discharge any sums owed to it by the Account Customer under this or any other contract; and
(b) the Account Customer's right to sell or otherwise dispose of the Goods shall terminate immediately; and
(c) the Company shall have the right to withhold delivery of any undelivered Goods and stop any Goods in transit; and
(d) any and all sums unpaid in respect of the Goods supplied under the Contract shall become immediately due and payable. Unless the Company expressly elects otherwise, any contract between the Company and the Account Customer for the supply of Goods shall remain in existence notwithstanding any exercise by the Company of its rights under this clause 8.
8.5 The Goods shall, once the risk has passed to the Account Customer in accordance with this clause 8 or otherwise, be and remain at the Account Customer's risk at all times unless and until the Company has retaken possession of them and the Account Customer shall comprehensively insure the Goods against loss or damage by accident, fire, theft or other risks usually covered by insurance in the type of business carried out by the Account Customer.
9. SALES BY THE CUSTOMER
9.1 The Customer shall not sell or supply any of the Goods to customers in any country outside of the European Economic Area or to any third party in the knowledge that the Goods will be sold on to customers outside of the European Economic Area.
9.2 Goods are sold on the condition that if such Goods may only be supplied to the public by persons who are authorised then they are supplied to the public only by such authorised persons.
10. RECALL OF GOODS
10.1 In the event that the Company should deem a recall of any Goods to be appropriate, the Customer shall, upon notification from the Company (which may be made verbally and subsequently confirmed in writing), render all reasonable assistance as may be requested by the Company and, in particular, shall:
(a) return to the Company all of the Goods covered by the recall (the "Affected Goods"), and
(b) advise the Company (as far as practicable) in writing of the Customers of all Affected Goods already sold by the Customer.
10.2 The Company shall be responsible for the reasonable cost of collection of Affected Goods from the Customer and shall make the necessary arrangements for the collection of the Affected Goods.
10.3 In the event that the Company is unable to return to replace the Affected Goods within a reasonable period after such recall, the Company shall supply to the Customer a credit note to the value of all Affected Goods so retained by the Company.
11. CANCELLATION OR AMENDMENT OF ORDERS
11.1 The Company will use all reasonable endeavours to meet Customers' individual requirements but the Company shall be under no obligation to accept cancellation or other amendment to any Order or any part of an Order once accepted by the Company. Where the Company agrees such cancellation or amendment to an Order, it is on the understanding that a reasonable cancellation or amendment charge, as detailed in Clause 16, may be levied at the Company's sole discretion.
12. DELIVERIES AND CARRIAGE
12.1 All Orders will be despatched by the most appropriate route. Where a Customer suggests an alternative route or places an Order outside the normal schedule, the Company shall have the right to charge the entire cost of delivery, irrespective of the value of the Order. See website for details.
12.2 The Goods shall be delivered to the address stated in the Contract and the signature of an employee or agent of the Buyer at such address on the Seller's delivery note shall be conclusive proof of the delivery of the Goods. Any special delivery requirements or difficulties in delivering (e.g. narrow doorways, stairs, and restricted access) should be made known to the Company at the time of placing the Order and may be subject to additional costs. The Company cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer.
12.3 The Company will use reasonable endeavours to deliver each of the Customer's Orders for the goods within the time agreed when the Company accepts an Order and, if no time is agreed, then within a reasonable time, but the time of delivery is not of the essence. If, despite those endeavours, the Company is unable for any reason to fulfil any delivery on the specified date, the Company will not be deemed in breach of the Contract, nor (for the avoidance of doubt) will the Company have any liability to the customer for direct, indirect or consequential loss or damage howsoever caused (including as a result of negligence) by any delay or failure in delivery. Any delay in delivery will not entitle the customer to cancel the Order or to receive a refund of any monies paid unless and until the customer has given 14 days' notice to the Company requiring the delivery to be made and the Company has not fulfilled delivery within that period. The customer shall have no other remedy in respect of late delivery. All goods are sold subject to reasonable availability and where appropriate, the Company reserves the right to substitute materials of equivalent or superior specification without notice.
12.4 The Company reserves the right to make an administration fee towards the carriage of orders under £30.00 ex VAT. See website for details.
12.5 Unless otherwise stated in the Contract, the price of the Goods shall not include the cost of delivery where the agreed delivery location is within the United Kingdom, the Isle of Man or the Channel Islands. In the case of 'special deliveries' (i.e. deliveries that are not normal scheduled deliveries) a separate charge will be specified in the Contract. Any orders that are not to main land UK may incur additional costs. These will be advised to the Customer prior to the Order being despatched. See website for details.
12.6 Goods shipped direct from suppliers may be subject to additional carriage charges. Any additional charges will be advised prior to the Order being despatched to the Customer.
12.7 If the Customer fails to take delivery of the Goods on the date of delivery the Company will be entitled, at its sole discretion and without prejudice to its other rights, either:
(a) to store the Goods at the risk of the Customer and the Customer shall pay all costs and expenses of such storage (including any insurance) and any additional costs of carriage incurred; or
(b) to terminate the Contract with immediate effect and dispose of the Goods as the Company may determine.
12.8 The Company reserves the right to deliver in instalments at its discretion. Where delivery is by instalment, each instalment shall be treated as a separate contract and the failure by the Company to deliver any one or more instalments in accordance with these Conditions, or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
12.9 The Customer shall indemnify and hold the Company harmless from and against any costs or losses incurred by the Seller as a result of the Customer's failure to take delivery of the Goods on the delivery date (in which case such indemnity shall include any additional storage charges) or cancellation of any order.
12.10 In the event of non-arrival of Goods, the Customer must inform the Company within 5 days of the date of the invoice or e-mail advice of despatch, otherwise no claim can be considered.
13. USE OF INFORMATION
13.1 Information that you provide or which we obtain about you, your business or the Directors/Members of your business will be held in our computer and manual systems and used for credit scoring; administration of your account; customer and product analysis; market research and to improve the products and services we offer. We may monitor calls as described in Clause 3.1.
13.2 Unless the Customer contacts the Company to say otherwise, the Company will provide your business name and address, details (including dates of supply) of the products and services you take from the Group (Account Information) to manufacturers (either directly or through a data services provider) to enable the manufacturers to understand preferences, ensure satisfactory stock levels and improve products and services.
13.3 The Group may carry out credit checks with licensed credit agencies or guarantors. The Group and the agencies, may keep a record of the search.
13.5 The Company and other Group companies may, with your consent, send you information by email, phone or post about other products and services (including those from other organisations) in which you may be interested.
14. FORCE MAJEURE
14.1 The Company will not be liable to the Customer for any failure or delay in delivery of the Goods if it is due to any event beyond the reasonable control of the Company. The Company will be entitled to a reasonable extension of time for performing such obligations and shall not be liable for any loss or damage occasioned to the Customer thereby.
15. WARRANTY AND LIABILITY
15.1 The following provisions of this Condition 15 set out the Company's entire liability (including liability for the acts and omissions of its employees, agents and sub-contractors) in respect of:
(a) Any breach of the Contract; and
15.2 Goods are supplied according to the descriptions and specifications given in the relevant catalogues or marketing materials of the Company. Unless otherwise advised to the Customer on acceptance of the Order the Company gives no warranty other than that offered by the manufacturers of the Goods. The Company makes no representation as to the suitability of fitness of any goods for any particular purpose unless expressly given or made in Company brochures or websites. For details of manufacturer's warranties, refer to the Company's catalogue or to the manufacturers own description and specification.
15.3 In the event that an item is defective within the meaning of the Sale of Goods Act 1979 (as amended from time to time) the Company reserves the right, at its absolute discretion, to replace or repair the Goods as an alternative to refunding the purchase price.
15.4 In the event that the Customer has a valid claim for any defect, loss, damage or non-compliance with the Contract the Company's only obligations in respect of such defect, loss, damage or non-compliance shall be to:
(a) Make good any shortage or non-delivery; and/or
(b) At its option replace the items concerned or refund the cost of such Goods to the Customer and any transport costs incurred by the Customer in connection with the delivery of the Goods in question and/or their return to the Company. In the event that the Company agrees to a replacement, the original items of concern must be returned within the following timeframes:
(i) Goods requiring temperature-controlled storage will be accepted to correct a delivery error or faulty product only. In this case, the Goods must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer's premises. (ii) Pharmaceutical goods (other than those requiring temperature-controlled storage) must be returned within 5 days of delivery.
(c) Goods will not be accepted by the Seller for return other than accordance with the Medicines Control Agency's document on Good Distribution Practice (Guidelines on Good Distribution Practice of Medicinal Products for Human Use).
15.5 The Company shall not be liable for a breach of this warranty where:
15.5.1 the Goods have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair by the Customer;
15.5.2 the Goods have been improperly installed or connected by the Customer;
15.5.3 the Goods have been opened, partly used or the seals or labels have been removed or tampered with;
15.5.4 the Goods have been damaged by fire, water, smoke or chemicals;
15.5.5 any maintenance requirements relating to the Goods have not been complied with by the Customer;
15.5.6 any instructions as to the storage of the Goods have not been complied with by the Customer in all respects;
15.5.7 the Customer has failed to notify the Company of any visible or suspected defects or damage within 3 days of delivery where the defect or damage should be apparent on reasonable inspection, or within 5 days of the same coming to the knowledge of the Customer where the defect or damage is not one which should be apparent on reasonable inspection. It shall be the responsibility of the Customer promptly to check the Goods for quantity and patent defects following delivery by the Company.
15.6 If the Customer fails to give notice in accordance with condition 15.5.7 above the items delivered shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Customer it shall be bound to accept and pay for the same accordingly and all claims in respect of non-delivery, loss, damage, defect or non-compliance shall thereafter be wholly barred.
15.7 Any Goods returned under clause 15 or clause 16 must be accompanied by a returns note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre. The Company reserves the right to request photographic evidence. The Company accepts no responsibility for Goods whilst in transit back to the Company.
15.8 Where a breakage has occurred or it is suspected that the Goods have been tampered with or misappropriated in any way the Customer should retain the complete packaging and the Company and the carriers should be notified immediately. Claims cannot be considered unless these conditions are observed and the Goods returned in the time frames stipulated in clause 15.4 (b).
15.9 No replacements are available whilst goods are exchanged, replaced or repaired.
15.10 Subject to condition 15.12 the Company shall not be liable for any costs, claims, damages or expenses, whether arising out of any tortious act or omission, any breach of contract or statutory duty, of an indirect or consequential nature or that are calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.
15.11 Subject to condition 15.12 the aggregate liability of the Company to the Customer for any loss or damage (whether asserted by the Customer or third parties) of whatever nature and caused as set out in Condition 15.1 shall be limited to and in no circumstances shall exceed the total invoice price of the Goods in respect of which the claim relates and any transport costs, less any discount given and excluding VAT.
15.12 Nothing in these Conditions shall operate so as to exclude or in any way limit either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability that may not be excluded for limited as a matter of English law.
15.13 Nothing herein shall impose any liability upon the Company in respect of any defect in the Goods arising out of the acts, omissions, negligence or default of the Customer, its servants or agents including in particular (but without prejudice to the generality of the foregoing) any failure by the Customer to comply with any recommendations of the Company as to storage and handling of the Goods.
15.14 The Company makes no representation or warranty that use of the Goods does not infringe the rights of any third party and the Company accepts no liability in this respect.
15.15 Except as provided for in these Conditions, any conditions and/or warranties, (whether express or implied by statute or common law or howsoever) including but without limitation those of satisfactory quality or of fitness for a particular purpose (even if that purpose is made known expressly or by implication to the Company) are hereby excluded.
16. NON FAULTY RETURNED GOODS
16.1 Goods are not supplied on a sale or return basis. Returns of non-faulty goods will only be accepted at the sole discretion of and with the prior written permission of the Company. Permission must be obtained within 24 hours from time of delivery. In the event that permission is given then the Customer will be refunded in full. Where the Company agrees to the return of non-faulty Goods, such items must be returned in the following time frame
(i) Goods requiring temperature-controlled storage must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer's premises.
(ii) Pharmaceutical and non-pharmaceuticals Goods (other than those requiring temperature-controlled storage) must be returned within 5 days of delivery.
16.2 If any non-faulty Goods are returned, they must be unused, in original packaging, they must not be relabelled, tamper evident seals must be intact and the Goods must be fit for sale.
16.3 The cost of carriage of non-faulty returned Goods accepted by the Company is the responsibility of the Customer. The Company shall be entitled to impose a handling charge at a rate of 25% on net invoice value or a minimum handling charge of £15.00 for all cancellations, amendments and non-faulty returned Goods.
16.4 Items made to Customer's own specification or have been specifically ordered will not be accepted for return unless faulty in accordance with condition 15.
16.5 Temperature controlled and pharmaceutical items will not be accepted for return unless faulty in accordance with condition 15.
16.6 Any Goods returned under this condition 16 must be accompanied by a returns note, which the Company will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by the Company's distribution centre. The Company reserves the right to request photographic evidence. The Company accepts no responsibility for Goods whilst in transit back to the Company.
17.1 The waiver by the Company of any right to exercise any right or to insist on the strict performance of any provision of the Contract, shall not operate as a waiver of, or preclude any further exercise or enforcement of (as the case may be) or other exercise or enforcement by the Company of that or any other right or provision.
18.1 Each provision of the Contract is severable and distinct from the others. The parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law. If such provision is or at any time becomes to any extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to that extent be deemed not to form part of the Contract but (except to that extent in the case of that provision) it and all other provisions of the Contract shall continue in full force and effect and their validity, legality and enforceability shall not be thereby be affected or impaired.
19. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
19.1 No person who is not a party to this Agreement is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20. PROPER LAW
20.1 These Terms and Condition and any Contract shall be governed by & construed according to the law of England and the Customer submits to the jurisdiction of the English courts.
Trading as: My Sexual health Shop (Company Number 07326383) 10 Church St, Paddock, Huddersfield, West Yorkshire, HD1 4TR VAT no: GB 998121386
ADDITIONAL TERMS FOR PROMOTIONS
Specific products are excluded from any 'global' equipment and disposable discounts that may be agreed. We ensure that the list of excluded products is short, and details of the products will be made available here.
Please contact us for additional information on these exclusions.
Currently excluded products (correct as of December 2015)
ADDITIONAL TERMS FOR OUR PRICE BEAT PROMISE
My Sexual Health Shop is committed to providing great value on the entire range of products we sell. Our Price Beat Promise means that if you find an equivalent product for sale elsewhere for a lower price (subject to the conditions below), then we will beat that price.
1. The product must be new and the same make, model and specification.
2. The product must be for sale within the UK.
3. Products advertised on auction websites or classified advertisements are excluded from the Promise.
4. The product must be available for delivery in the same timescale as from My Sexual Health Shop.
5. We require evidence of the lower price (this may be a website address, flyer, catalogue or advertisement).
6. Our pharmaceutical range is excluded from the Price Beat Promise.
7. We reserve the right to vary or withdraw the Price Beat Promise at any time.
ADDITIONAL TERMS FOR COMPETITION ENTRIES My Sexual Health Shop organises frequent competitions. The following terms are general to all competitions, although some additional terms may apply to specific competitions. If you enter any of our competitions, it is assumed that you have read and agree to these.
1. To enter a competition you must be at least 18 years of age and a resident of the United Kingdom.
2. Competitions are not open to employees of My Sexual Health Shop, its subsidiary companies or members of their immediate family.
3. No purchase is necessary.
4. Only one entry per person is allowed.
5. The prize is not transferrable to another person.
6. No part of any prize is exchangeable for cash or any other prize.
7. Incorrectly completed or incomplete entries will be disqualified.
8. If any given prize is not available, we reserve the right to offer an alternative prize of equal or greater value.
9. Any entries received after a competition's closing date will not be entered.
10. A full list of winners for a competition can be requested by sending an email to firstname.lastname@example.org
Please ensure the name of the competition is written in the subject line.
11. The decision of the judges is final. My Sexual Health Shop will not enter into any correspondence.
12. Winners will be personally notified by post, email or telephone.
13. We reserve the right to alter the rules of competition entry at any time. Specific rules that apply to a single competition will be displayed at the point of entry.