Denbighshire County Council trading as Cefndy Healthcare endeavours to maintain the accuracy and reliability of this website, it does not however make any representations about the accuracy, reliability, completeness or suitability of the information, products, services and related products, services and related graphics contained in this website for any purpose.
Cefndy Healthcare, its employees, suppliers and other parties involved in creating and delivering this website shall not be liable for any direct, indirect, incidental, special or consequential damages, loss or inconvenience caused by reliance on the contents of this website or arising from the use of this website.
Access to and use of this web site is provided by Cefndy Healthcare subject to the following terms and conditions:
1. Your use of this site constitutes your acceptance of these terms and conditions which take effect from the date that you first used the site. Cefndy Healthcare reserves the right to change these terms and conditions at any time by posting any changes online. Your continued use of this site after any changes have been posted constitutes your acceptance of the modified terms and conditions.
2. Materials may not be copied, reproduced, republished, down-loaded, broadcast or transmitted in any way except with the prior written permission of Cefndy Healthcare.
3. You agree to use the site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, defamatory or abusive or which may harass or cause distress, inconvenience, nuisance or menace to any person and the transmission of obscene, threatening or offensive content or disruption of normal flow of dialogue within this site.
4. This website contains links to other sites, which may not be operated by Cefndy Healthcare. The company is not responsible for the content of these siteand does not accept any liability that may arise in respect of the use of such sites.
5. Cefndy Healthcare endeavours to ensure that all information and material on this website is correct and accurate but does not accept any liability for errors or omissions neither does the Company warrant that the use of the site will be uninterrupted. Cefndy Healthcare provides the material published on its website on the basis that it disclaims all warranties in respect of such material, whether expressed or implied. The Company, its employees, its suppliers and the original providers of the material accepts no liability for any direct, indirect, incidental or consequential loss of business, revenues or profits or special damage arising from the publication of the material on this web site or from the use of this website.
6. You acknowledge that all intellectual property rights including copyright and database rights in the Company’s website and its contents belong to or have been licensed to Cefndy Healthcare who are otherwise issued by the Company as permitted by applicable law.
7. Cefndy Healthcare has the right to edit, refuse to post or remove any material submitted or posted on this site. The Company is neither responsible for or accepts any liability for any material posted on the site otherwise than by the Company. Any opinions, advice, statements, offers or other information expressed or made available by third parties on the Company’s site/s are those of third parties, concerned. Cefndy Healthcare neither endorses nor is responsible for the accuracy or the liability of any such third party material.
8. These terms and conditions are governed by the laws of England and Wales. Any dispute arising from these terms and conditions shall be exclusively subject to the jurisdiction of the Courts of England and Wales.
10. If you are dissatisfied with any part of this website or with any of these terms and conditions of use, please discontinue use of the site immediately.
11. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, then to the extent which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
STANDARD TERMS AND CONDITIONS OF SALE
1.1 The “Buyer” means the company, firm, or person(s) who buys or agrees to buy goods from the Seller.
1.2 The “Seller” means Denbighshire County Council Trading As “Cefndy Healthcare”.
1.3 “Conditions” means the Standard Terms and Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
1.4 “Goods” means the articles which the Buyer agrees to buy from the Seller.
1.5 “Contract” means a contract of sale made between the Seller and the Buyer which is subject to these conditions.
1.6 ‘Consumer’ has the same meaning as set out in the Consumer Protection (Distance Selling) Regulations 2000 or any amendment thereof.
2.1 These “Terms and Conditions” do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these Conditions which shall prevail over any other document or communication from the Buyer.
2.3 Any variation of these Conditions (including any special terms and conditions agreed between the Seller and Buyer) shall be inapplicable unless agreed in writing by the Seller.
2.4 Placement of an order for Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
3.1 The price shall be that in the Seller’s current catalogue, unless a different price is contained in the Sellers’s quotation.
3.2 Should a product’s price change between publication of the current catalogue (or quotation if applicable) and placing of an order the Buyer will be notified of the change by the Seller and given the opportunity to cancel the order and receive a full refund.
3.3 All prices are exclusive of VAT.
3.4 The total purchase price, including VAT and delivery charges will be confirmed with the Buyer prior to confirming the order.
3.5 In the case of consumer sales, payment must be made in full before dispatch of any goods.
3.6 In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
3.7 Should the Buyer become insolvent or bankrupt or if any act or proceedings shall be commenced in which the Buyers solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
3.8 In respect of any liability of Cefndy Healthcare under this contract, the Buyer shall not be entitled to withhold payment or delay payment or exercise any right of set off.
3.9 Legal title and all proprietary rights remain vested in the Seller until payment is received in full by the Seller.
4. Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above National Westminster Bank PLC base lending rate for the time being in force per calendar month.
5. Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the seller. Every effort is made to ensure our catalogue descriptions and illustrations are clear and accurate. All colours and sizes are approximate and may vary. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) 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 and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
5.2 Subject to clause 5.1 above, the Seller is responsible for ensuring that the Goods are safe and suitable for their intended purpose in accordance with the Sale of Goods Act and the Medical Devices Regulations. Where the Buyer uses the Goods ‘off label’, modifies or uses the Goods for an alternative purpose the Seller cannot warrant the Goods suitability and the Buyer shall be deemed as the manufacturer for the purposes of the Medical Devices Regulations.
5.3 The Seller will use reasonable care and skill in fulfilling any order accepted, however all other warranties are excluded to the fullest extent permitted by law. Except where required by law we will not be liable for any indirect, consequential or economic loss arising in connection with this order. The Seller will also not be liable for any delay and/or other breach of these terms where the same is due to events beyond our reasonable control. Notwithstanding the above, the Sellers’ total liability to the Buyer shall be limited to the sums paid or payable by the Buyer.
6.1 The Seller shall bear the cost of delivery of the Goods if the order is to be delivered to an address within mainland Great Britain.
6.2 The Buyer shall bear the cost of delivery of the Goods in all circumstances not covered by clauses 6.1 and 8.
6.3 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or receive a full refund.
6.4 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.5 Delivery of the goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.6 Orders made specifying a delivery point outside mainland Great Britain shall be arranged as Ex-Works orders and the Buyer will make, and pay for their own carriage arrangements for the Goods with their designated carrier. All such collections are to be confirmed with the Seller in advance of collection from the Seller.
6.7 Where applicable the Buyer will be responsible for obtaining an import licence and for ensuring compliance with all regulations governing the admission of the Goods into the country of delivery.
6.8 Where Goods are to be exported to countries that require an export licence, it is the sole responsibility of the Buyer whether by himself or by an export agent instructed by the Buyer to obtain all necessary clearance/s. The Seller cannot provide replacement products or refunds in the event of export licences being refused.
7. Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within three days of delivery if the Goods are damaged or do not correspond with the order. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either:-
(a) retained by the Buyer for a reasonable period to enable the Seller or it’s agent to inspect or Collect the Goods; or
(b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
8. Cancellation and Returns
8.1 If it is agreed with the Seller that the goods are to be returned:-
(a) a Goods Return number obtained from the Seller must be clearly shown on the returned parcels. All returns must be sent at the Buyers’s expense and risk, to the Seller, at Cefndy Healthcare, Cefndy Road, Rhyl, Denbighshire LL18 2HG with a return note specifying the fault, invoice number, date and price paid.
(b) If Goods are accepted the original invoice will be credited 75% of the original invoice value only of the returned item. If Goods are rejected by the Quality Assurance department at Cefndy, no credit will be raised.
(c) the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.
(d) The Seller reserves the right to make a handling and restocking charge of 25% of the invoice value which are returned if they were ordered in error or are no longer required. If the goods are faulty or being returned under Clause 8.2 then the restocking charge will not apply.
8.2 If you are a private Consumer you have the right, in addition to your other rights, to cancel your Contract with Cefndy Healthcare and receive a refund. You must contact us and inform us in writing of your desire to cancel your Contract within 7 working days of receipt of the relevant product(s). You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey.
8.3 The Seller is under no obligation to accept returns without prior authorisation and no liability is accepted for unsolicited returns.
9. Force Majeure
In the event that the Seller is prevented from carrying out its obligations under a Contract as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lockouts, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale as long as such fulfilment is prevented. Cefndy will however use its reasonable endeavours to meet its obligations and will implement its’ Business Continuity Plan in the event of such a Force Majeure situation.
10. No Waiver
10.1 The Seller’s failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of it’s rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of theses Conditions.
11.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
12.1 If you have a complaint about our service or any Goods you purchase from the Seller please contact the Seller immediately. You will be contacted as soon as possible and the Seller aims to provide a resolution within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner and where appropriate a complaint may be referred to the Councils’ Corporate Complaints department.
12.3 Please contact us and we will issue you with a copy of our complaints handling policy.
12.4 We are members of the B.H.T.A (British Healthcare Trades Association) and subscribe to their code of practice and you are entitled to contact them for complaint resolution.
What to do if there is a problem:
We endeavour to provide goods and services which conform with consumer rights, but if there should be a problem, please contact us immediately you become aware of it at firstname.lastname@example.org. A copy of our complaints handling policy is provided here. If you are unhappy with the outcome of a complaint and have exhausted our complaints process, you can approach the British Healthcare Trades Association (BHTA) for mediation (and ultimately arbitration) and, as a member, we will participate in this process. BHTA can be contacted at: New Loom House, Suite 4.06, 101 Back Church Lane, London E1 1LU. Tel: 020 7702 2141 Email: email@example.com Web: http://www.bhta.net/home/complain.html
Alternatively you can approach ADR provider “The Retail Ombudsman”, but we will not participate if you do so, or visit the EU’s online platform for dispute resolution at: http://ec.europa.eu/consumers/odr/
If any part of these Conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these Conditions.
14. Corrupt Gift and Payment of Commission
14.1 The Buyer shall not:
(a) Offer or give or agree to give any person any gift or consideration of any kind as an inducement or reward for doing so or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other contract for the Seller or for showing or forbearing to show favour or disfavour to any person in relation to this or any other contract for the Seller: or
(b) Enter into this or any other contract with the Council in connection with which commission has been paid or agreed to be paid by him or on his behalf or to his knowledge, unless before the Contract is made particulars of any such commission and of the terms and conditions of any agreement for the payment thereof had been disclosed in writing to the representative of the Seller.
14.2 Any breach of this condition by the Buyer or by anyone employed by him or acting on his behalf (whether with or the knowledge of the Buyer) or the commission of any offence by the contractor or by anyone employed by him or acting on his behalf under the Prevention of Compensation Acts 1889 to 1916 in relation to this or any other contract for the Seller shall entitle the Seller to determine the Contract and recover from the Buyer the amount of any loss resulting from such determination and/ or to recover from the Buyer the amount or value of any such gift, consideration or commission.
14.3 The Seller shall not be liable for any loss or damage arising from such cancellation.
15. Jurisdiction and Arbitration Clause
15.1 This contract is subject to the Law of England and Wales whether the business is transacted in the United Kingdom or international markets.
15.2 If any dispute or difference shall arise between the Buyer and Seller as to the meaning of this Contract or any matter or thing arising out of or connected with this Contract then it shall be referred to the determination of an Arbitrator to be appointed by agreement of the parties or (in default of the agreement within 21 days of the service upon one party of a written request to concur such appointment) by The President for the time being of the Chartered Institute of Arbitrators.