Terms & Conditions of Sale
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you. They do not apply to the supply of products to you by our distributors.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 We are not clinicians. We are not clinicians; we do not provide medical advice in our advice on the technicalities of the products we sell, nor do we advise on medical conditions. If you require medical advice or advice about your condition, or the level of protection required from your PPE, we advise you to speak to a medical practitioner or other relevant professional.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:
You are an individual, and
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.5 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are PARAGON HEALTH LIMITED a company registered in Northern Ireland. Our company registration number is NI670156 and our registered office is at 131 Carnamuff Road, Limavady BT49 9JG. Our registered VAT number is [ ].
2.2 How to contact us. You can contact us by telephoning our customer service team at 028 777 25263or by writing to us at email@example.com or 131 Carnamuff Road, Limavady, N. Ireland BT49 9JG.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and other minor aspects of the specification accurately, we cannot guarantee that a product's display of the colours or other minor aspects of the specification accurately reflects the products. Your product may vary slightly from those images.
5. Your rights to make changes
Given that we typically start the manufacture of your bespoke product within hours of accepting your order, it can be difficult for us to accept changes to your order. Nevertheless if you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a safety improvement. These changes will not affect your use of the product.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as described on our quotation to you.
7.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within three weeks of the day on which we accept your order. Please note that the delivery date indicated is approximate only and time for delivery shall not be of the essence unless previously agreed by us in writing. The goods may be delivered in advance of the stated delivery date unless previously agreed by us in writing.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 0800 to 1700 on weekdays (excluding public holidays).
7.5 If no one is available at your address when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you (or a carrier organised by you) collect it from us.
7.8 When you own goods. You own a product once we have received payment in full.
7.9 Reasons we may delay or suspend the supply of products to you. We may have to delay or suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as notified by us to you (see clause 6).
7.10 Your rights if we delay or suspend the supply of products. We will contact you in advance to tell you we will be delaying or suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we delay or suspend it, or tell you we are going to delay or suspend it, in each case for a period of more than 6 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. Your rights to change your mind if you are a consumer
8.1 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for products bought online or at any other off-premises location you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail as follows:
Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.
Consumer to pay costs of return.
8.2 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.3 If you are a consumer with a right to change your mind, how long do you have to change your mind? If so you have 14 days after the day you (or someone you nominate) receives the goods.
8.4 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on +4428 777 666 24 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.5 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, or allow us to collect them from you. Please call customer services on 028 777 25263 or email us at email@example.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.6 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an error in pricing or a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
8.7 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.8 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.9 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.10 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a percentage of the price calculated as per the following table depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract
Time when contract was ended
Deduction from refund
1-4 hours after acceptance of order
4 hours to 2 days after acceptance of order
Over 2 days after acceptance of order
10. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at [ ] or email us at [ ].
11. Your rights in respect of defective products if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights if you are a consumer based in the UKThis 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.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:· up to 30 days: if your goods are faulty, then you can get an immediate refund. · up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. · up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3.
11.2 In addition to your legal rights, we will provide you with the additional warranty cover outlined in clauses 13.2 to 13.4 that we provide to business customers.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, or allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 028 777 25263 or email us at firstname.lastname@example.org for a return label or to arrange collection.
12. Your rights in respect of defective products if you are a business
12.1 If you are a business customer we warrant that on delivery, products shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
12.2 We will not be liable for a product's failure to comply with the warranty in clause 12.1 if:
(a) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(b) you alter or repair the product; or
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.3 Except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
13. Price and payment
13.1 Where to find the price for the product. The price of the product (which unless specifically stipulated includes VAT or any other applicable sales tax, and all applicable duties and import charges) will be the price indicated on the order pages when you placed your order or such other price as may be agreed between us in writing. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.6 for what happens if we discover an error in the price of the product you order. Always request a price for special adaptations or items not listed in the standard price list as prices from previous quotes may have changed.
13.2 Where we have quoted a price for the goods other than in accordance with our published price list the price quoted shall be valid for 30 days only or such time as we has specified in writing.
13.3 Where you are a business customer we reserve the right, by giving notice to you any time before delivery, to increase the price of the goods to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture).
13.4 Except as otherwise stated during the order process or in our price list, and unless otherwise agreed in writing between us, all prices are exclusive of our charges for packaging and transport.
13.5 We will pass on changes in the rate of VAT or other equivalent sales tax. If the rate of VAT or other applicable sales tax changes between your order date and the date we supply the product, we will adjust the rate of VAT or other applicable sales tax that you pay, unless you have already paid for the product in full before the change in the rate of VAT or other applicable sales tax takes effect.
13.6 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.7 When you must pay and how you must pay. We accept payment with Mastercard, Visa, American Express and most other major credit cards, with some exceptions. You must pay for the products before the goods are shipped, unless you have a credit account with us, and in such situations you must pay for the products within 30 days of our invoice.
13.8 We can charge interest if you pay late. The time for payment shall be of the essence. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1.
14.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
15. Our responsibility for loss or damage suffered by you if you are a business
15.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
15.3 Subject to clause 15.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500,000.
16. How we may use your personal information
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else. You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of your rights or obligations under these terms without our written consent.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the Northern Irish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in either the English or Welsh or Northern Irish courts.
17.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Dispute Resolution Service of the Law Society of Northern Ireland. They will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
17.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland and the courts of Northern Ireland shall have exclusive jurisdiction to settle any such dispute or claim.
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
Paragon Health Limited
131 Carnamuff Rd
Phone: 028 777 666 24
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*]: _______________________
Name of consumer(s): _______________________
Address of consumer(s): _______________________
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate