1.1 These terms and conditions shall govern the sale and purchase of products through our website www.novoband.co.uk.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions:
(a) the terms "NOVOBAND", "we", "us", or "our", refer to the operator of the website you are in.
(b) "you" or “your’ means our customer or prospective customer.
3.1 The contents of the website do not constitute advice and should not be relied upon in making or refraining from making, any decision. The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. We make every effort to ensure that the information on our websites is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions. Any reliance on the material on this site is at your own risk.
4 Changes to the website
We reserve the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and
4.2 change these Terms and Conditions at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
5 Links to third party websites
5.1 The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 Trademarks and logos on the website, are the property of Trendland Medical Ltd. You may not use, reproduce, copy or manipulate such logos in any manner without our prior written consent.
7 Order process
7.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
7.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
7.3 To enter into a contract through our website to purchase products from us, the following steps must be taken:
7.4 We will provide a breakdown/ summary of your order during the checkout process which will give you an opportunity to identify and correct input errors prior to making your order.
8.1 Our prices are quoted on our website.
8.2 Discounted pricing may apply to local authorities, professional healthcare and trade customers. When placing orders via our website it is import to log in correctly to ensure you receive the correct price.
8.2 We reserve the right to change prices on the website, which cannot be guaranteed for any period of time. This will not affect contracts that have previously come into force.
8.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
8.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
8.5 In addition to the price of the products, you will be required to pay a delivery charge, which will be notified to you during the checkout process before the contract of sale comes into force. We offer free delivery (UK only) for orders above £65.00.
9.1 You must, during the checkout process, pay the full price of the products you order.
9.2 Payments may be made via credit card, debit card or PayPal.
9.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
9.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of [GBP 10.00 including VAT]; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
9.5 For local authorities, professional healthcare and trade customers placing orders via our website, it is important to log in correctly to ensure you receive the correct price. We do not offer credit accounts. Payments are made via credit card, debit card or PayPal. If you prefer to pay via bank transfer, please email the products and quantities to our sales team at email@example.com and we will email an invoice to you within 24 hours.
10.1 We offer free delivery on orders above £65.00.
10.2 Goods supplied within the UK will normally be delivered within 3 working days of confirmation of the order.
10.3 For goods supplied outside the UK (including the Channel Islands) please contact us at firstname.lastname@example.org for delivery details.
10.4 Stated delivery times are no more than an estimate and shall not be binding. We shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
10.5 Please notify us as via email soon as possible at email@example.com if you do not receive your goods within a reasonable time. We will endeavour to get your goods to you as soon as possible or you may cancel your order and obtain a refund.
10.6 Delivery of the goods shall be made to the address specified by you during the checkout process and you shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
10.7 Risk shall pass to the customer upon delivery of the goods, or where the customer fails to take delivery at the agreed time, at the time delivery was attempted.
10.8 Title of the goods shall not pass to the customer until payment of the price of the goods have been made in full.
11. Cancellation and return
11.1 The customer may cancel the order for any reason up to the point of dispatch and any payments made by the customer shall be refunded in full within 14 days.
11.2 The customer shall inspect the goods immediately upon receipt and shall notify us by email within 7 days if the goods are damaged or do not comply with any of the contract. If you fail to do so you shall be deemed to have accepted the goods.
11.3 Where a claim of defect or damage is made we shall be responsible for the recovery of the goods from you within 28 days of delivery. You shall be entitled to a replacement or a full refund (including any delivery costs paid by you) if the goods are in fact defective.
11.4 We are under no obligation to accept the return of goods due other reasons such as customer ordering error, surplus to requirements, no longer required or unsuitability. This does not apply to consumers- please refer to section 9.
11.5 In cases when authorisation to return has been agreed, we shall issue a returns authorisation number. In such cases a £5.00 administration fee will be charged including the collection/return cost.
11.6 For us to consider the return of goods in these circumstances the goods should be unused and in the original packaging so that it can be re-sold as new. The goods should be returned via recorded delivery and be adequately insured.
11.7 No attempt should be made to return any goods without prior authorisation. We do not accept liability for unsolicited returns.
11.8 Goods retuned to us in a non-saleable condition as a result of customer usage or neglect will be paid for in full by the customer.
12. Distance contracts: cancellation right (only applies to consumers and not trade/professional customers)
12.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
12.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
12.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel by emailing us at firstname.lastname@example.org. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
12.4 If you cancel a contract on the basis described in this Section 9, you must comply with your obligations referred in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products. The goods should be unused and in the original packaging so that it can be re-sold as new. The goods should be sent via recorded delivery and be adequately insured. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract.
12.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
12.6 Goods returned to us in a non-saleable condition as a result of customer usage or neglect will be paid for in full by the customer.
12.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
12.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
13. Warranties and representations
13.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
13.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
13.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
14. Limitations and exclusions of liability
14.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
14.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
14.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.5 We will not be liable to you in respect of any loss or corruption of any data, database or software[, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply].
14.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage[, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply].
14.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15. Order cancellation
15.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
15.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.
15.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
16. Consequences of order cancellation
16.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that [Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22] will survive termination and continue in effect indefinitely.
17.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
17.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].
18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
19. No waivers
19.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
19.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
20.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
21. Third party rights
21.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
21.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
22. Entire agreement
22.1 Subject to Section 12.1, these terms and conditions[, together with [our delivery policy and our returns policy],] shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
23. Law and jurisdiction
23.1 The sale of goods under these terms shall be governed by Laws of England & Wales and any disputes will be resolved exclusively in the courts of England & Wales.
24. Our details
24.1 This website is owned and operated by Trendland Medical Ltd.
24.2 We are registered in England and Wales under registration number, and our registered office is at Saunders House, 52-53 The Mall, Ealing, London W5 3TA.
24.3 You can contact us:
(a) by email at email@example.com;
(b) by using our website contact form;
(c) by post, using the postal address: Saunders House, 52-53 The Mall, Ealing, London W5 3TA.