Terms & Conditions of Sale

WEBSITE TERMS & CONDITIONS OF SALE

All reference to ‘the Company’ throughout these terms & conditions shall mean MEDIVANCE INSTRUMENTS LTD. All reference to ‘the Website’ throughout these terms & conditions shall mean WWW.VELOPEX.COM.

1.   General

1.1   Contracts and orders are accepted only subject to the Company’s Conditions of Sale as set out here in and any Special Conditions of Sale (if any) endorsed on the reverse hereof and the Purchaser shall be bound by such Conditions. No modification of these Conditions or of the particulars contained in the Company’s acceptance of an order from the Purchaser will be recognised by the Company in writing. Unless so accepted any qualification thereof or difference contained in the Purchaser’s own order forms shall be inapplicable.

1.2   Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document of information issued by the Company shall be subject to correction without any liability on the part of the Company.

1.3   Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party as its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provision to the party giving the notice. A notice is deemed to have been served as follows:

a)   If personally, by fax or email, at the time of delivery.

a)   If posted, at the time of expiration of 48 hours or (in the case of airmail) 7 days after the envelope containing the notice is posted.

1.4   No waiver by the Company of any breach of the contract by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.

1.5   The Purchaser’s use of the Website to purchase goods is governed by these Terms & Conditions as well as the Website Terms of Use and the Company’s Privacy Policy. It is the Purchaser’s responsibility to read these documents carefully before using the Company’s Website or placing an order. By placing an order the Purchaser agrees to the Terms & Conditions set out below.

1.6   The Company’s goods on the Website are intended to be sold only within the UK. The Purchaser may not purchase any of the Company’s goods from the Website if the Purchaser is under 18 years old and/or they are accessing the Website from outside the UK.

2.   Information About The Company

2.1   Name: MEDIVANCE INSTRUMENTS LTD. trading as Velopex International

2.2   Geographic Address: Medivance Instruments Ltd., Barretts Green Road, Harlesden, London   NW10 7AP   United Kingdom.

2.3   Contact Details:

a)   Telephone: +44 (0)20 8965 2913

b)   Fax: +44 (0)20 8963 1270

c)   Email: enquiries@velopex.com

d)   Sales Email: sales@velopex.com

e)   Service Email: service@velopex.com

f)   Export Email: export@velopex.com

g)   Our VAT Number: GB 227 3130 94

h)   Applicable Trade Organisations: British Dental Trade Association (BDTA)

i)   Applicable Accreditations: SGS ISO9001, SGS ISO 13485

3.   How To Conclude A Contract With The Company Using The Website

3.1   It is the responsibility of the Purchaser to read the legal terms on the Website, which include these Terms & Conditions, the Website Terms of Use and the Company’s Privacy Policy, carefully and to raise any problems with the Company before an order is placed.

3.2   The Purchaser can select any items they wish to purchase by clicking on the “add to basket” button relating to a product. The Purchaser can click the “view basket” or “cart” buttons to view the contents of their online shopping cart.

3.3   The Cart screen on the Website lists the Purchaser’s current selection of items with description, price, current subtotal, shipping costs and current order total. The Purchaser can edit the contents of their shopping cart and remove any input errors by removing items or changing quantities.

3.4   The Purchaser can proceed with their order from the online shopping cart with our secure online purchasing facility by clicking on the “proceed to checkout” button on the Cart screen or the “checkout” button on the Cart drop-down in the website menu bar.

3.5   The Purchaser will then be transferred to the Company’s secure server to complete their order on the Website. The Purchaser will be asked to provide certain information the Company needs to process the order such as preferred delivery address and payment details. It is the Purchaser’s  responsibility to provide the Company with sufficient information to process the order.

3.6   The Company may acknowledge receipt of the order on the Website and/or by email. This is not an acceptance of the Purchaser’s order but confirmation that it has been received by the Company.

3.7   If the Purchaser would like to order goods from the Company but does not want to enter credit / debit card details on the Website, orders and payment can be processed over the phone or by another method, with no need to carry out the order process online, by calling +44(0)20 8965 2913.

3.8   The Purchaser may not assume the Company has accepted the order until the Company sends the Purchaser an acceptance by email. Only if and when the Purchaser receives an acceptance from the Company will there be a binding contract.

3.9   The Purchaser may receive acknowledgement from the Company’s payment processor advising whether or not the credit or debit card payment has been authorised. This acknowledgement relates to the Purchaser’s payment only and is not the Company’s acceptance of the order.

3.10   The Company will be entitled to refuse to accept the order if in their sole discretion it is considered necessary. In particular the Company must receive payment of the whole of the price for the goods that are ordered before the order can be accepted. If the Company refuse the order they will let the Purchaser know as soon as possible. If the Company accept your order they will inform the Purchaser without undue delay.

3.11   Once we have entered into a contract with you we shall supply you with the items specified in your order in accordance with the terms of the contract.

3.12   The Company will file the Order summary on the Website under the Purchaser’s account. However, it is highly recommended that the Purchaser prints out and retains copies of each element of the contract.

4.   Prices and Payment

4.1   The prices payable for goods ordered by the Purchaser from the Website as well as any applicable VAT and delivery charges are defined in the Website.

4.2   For orders on the Website the Company must receive payment from the Purchaser of the whole of the price for the goods and other charges, which include and are not limited to delivery charges and any applicable VAT, before the order can be accepted.

5. Delivery

5.1   The Company will deliver the goods ordered by the Purchaser to the address given for delivery at the time the Purchaser made the order.

5.2   No liability will be accepted by the Company for any delay in the despatch or delivery of the goods and/or performance of the services (whatever the cause of the delay) or for any damage or losses caused thereby. Time for delivery shall not be of the essence of the contract unless previously agreed by the Company in writing.

5.3   Once the goods have been delivered to the Purchaser’s premises or the delivery address stipulated in the Order the goods shall be at the sole risk of the Purchaser. If the Purchaser collects the goods from the Company’s premises the risk for the goods shall pass to the Purchaser on collection.

6.   Loss or Damage in Transit

6.1   Where transport of the goods has been arranged by the Company and the equipment is damaged in transit or having been placed in transit has not been delivered to the Purchaser then:

a)   In the case of damage to the equipment the Purchaser shall give notice to the Company within 3 days after the delivery and in the case of non-delivery of the equipment the Purchaser shall give notice to the Company within 5 days from the receipt of the relevant invoice.

b)   Goods subject to any claim under this clause must be stored in suitable conditions, free of charge for inspection by the Company or Carriers.

c)   The Company shall be under no liability whatsoever if the Purchaser fails to give such notice of damage or non-delivery and any damage to the equipment shall be deemed to have occurred after delivery of the goods to the Purchaser.

7.   Order Errors

7.1   If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you must notify us in writing at our contact address of the problem within 5 days of the delivery of the goods in question. Otherwise you will have no right to any of the remedies set out below.

7.2   If you notify a problem to us, we will, at our option:

a)   Make good any shortage or non-delivery; or

b)   Replace or repair, at our option, any goods that are damaged or defective; or

c)   Refund to you the whole or part of the amount paid by you for the goods in question in whatever way we choose.

8.   Guarantee and Liability

8.1   The following Guarantee shall be deemed to be incorporated in these Conditions of Sale: For the period of twelve months from the date on which a product both manufactured and sold by the Company is delivered to the Purchaser, the Company will exchange or repair at the Company’s option any part or parts thereof requiring replacement or repair by reason of defective workmanship or material.

8.2   Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Purchaser by any reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the Purchaser, except as expressly provided in these Conditions.

8.3   The Company shall not be responsible for any expense which the Purchaser may incur in removing or having removed or any replacement or having replaced any part or parts sent for inspection or in fitting or having fitted any new parts supplied in lieu thereof.

8.4   The Company shall not be responsible for any defect, which in the opinion of the Company was attributed to:

a)   Wear and tear

b)   Any form whatsoever of improper use or use which was not in accordance with accepted practice

c)   Abnormal operating conditions

d)   Non-compliance with any instructions issued by the Company concerning the use, fitting and servicing of the goods

e)   Incorrect fitment

f)   Faulty or unsuitable supply of electricity or other services.

8.5   Modified goods supplied by the Company in accordance with Clause 6 of these conditions shall not constitute a defect for the purposes of this guarantee.

8.6   This guarantee is limited to those parts of the goods that are supplied by Medivance Instruments Ltd. Any parts which are not manufactured by Medivance Instruments Ltd. shall be subject to such warranties and/or guarantees (if any) as are given by the manufacturer of such parts. In all cases our liability shall not exceed the purchase price.

9.   Claims / Contract Cancellation

9.1   No claim for credit, exchange or repairs can be considered unless prior approval of the Company is obtained by the Purchaser. Upon approval an authorisation number will be given by the Company which must be quoted in respect of all goods returned.

In addition, any such goods must be returned in good condition, carriage paid to the Company and supported by the following particulars:

a)   The Company’s reference on the product from which part or parts were taken

b)   The defects, claims and the reasons for them

c)   Date of purchase and source from which the product was purchased.

9.2   Contracts agreed through the Website:

a)   The Purchaser may return the goods by agreement with the Company.

b)   The Company reserves the right to deduct a handling charge before any refund is made.

c)   The Purchaser must notify the Company in writing by hand delivered notice; post; fax; or email.

d)   If the Purchaser receives the goods before the contract is cancelled then the Purchaser must return the goods in their original condition to the Company at the address above at your own cost and risk.

e)   If the Purchaser cancels the contract but the Company has already processed the goods for delivery the Purchaser must not unpack the goods when they are received and the Purchaser must send the goods back to the Company in their original condition to the address above at you own cost and risk as soon as possible.

9.3   The Company may cancel the contract with the Purchaser if:

a)   The goods the Purchaser has ordered are unavailable for some reason;

b)   The Company does not deliver to the Purchaser’s area or delivery address; or

c)   One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

10.   Force Majeure

10.1   Should the Company be prevented from delivering by the agreed date by strikes, Lockouts, act of God, war, fire, tempest, flood, accident or damage to goods, or delay in obtaining or inability to obtain through scarcity of materials or for any other cause beyond the Company’s control the Company may suspend delivery until a reasonable time after the end of the happening and during such time as is reasonably incidental to the resumption of normal production of sale or cancel or vary the contract without compensation.

11.   Lien

11.1   In addition to any right of lien to which the Company may by law be entitled the Company shall have a general lien on all goods of the Purchaser in its possession (whether or not payment for such goods or some of them may have been received for) the unpaid price of any other goods sold and delivered to the Purchaser by the Company under the same or other contracts.

12.   Waiver

12.1   The Company’s rights shall not be affected or restricted by any indulgence or forbearance granted to the Purchaser. No waiver by the Company of any breach shall operate as a waiver of any later breach.

13.   Applicable Law

13.1   The rights and obligations of the parties and all the terms and conditions hereof and any disputes arising out thereof shall be construed in accordance with English Law to the exclusive jurisdiction of the courts of which the Purchaser shall submit.

14.   Markings

14.1   The Purchaser shall not in any way alter, deface, obscure or obliterate any letters, numbers or other marks or markings whatsoever which appear on or are affixed to the goods by the Company.

15.   Advisory Service

15.1   The advisory service which we provide in connection with our goods is a part of our sales service and we do not make any charge for advice given. Any advice and assistance is given at the Purchaser’s risk and we shall not be liable for any loss, damage or claims arising in any way, therefrom.

16.   Health and Safety at Work Act

16.1   The Purchaser’s attention is drawn to the installation, maintenance and operating instructions given in our catalogues or literature. These should be carefully followed. Further information if required is available at our Head Office.

17.   Handling Charge

17.1   Goods supplied in accordance with the Purchaser’s order may later be returned to us at our discretion, provided the goods are unused. The Purchaser will be required to pay to us a handling charge of a minimum of £20 or 15% to 30% of the then current list price of such returned goods, whichever is highest and dependant on the condition of the goods.

18.   Invalidity

18.1   If any part of these Terms & Conditions is unenforceable (including any provision in which the Company exclude liability to the Purchaser) the enforceability of any other part of these conditions will not be affected.

19.   Privacy

19.1   The Purchaser acknowledges and agrees to be bound by the terms of the Company’s Privacy Policy.

20.   Third Party Rights

20.1   A person who is not a party to this contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

21.   Entire Agreement

21.1   These Terms & Conditions together with the Company’s Terms of Use and Privacy Policy, the Purchaser’s Order and the Company’s Acceptance set out the whole of the agreement relating to the supply of the goods to the Purchaser by the Company. Nothing said by any sales person on the Company’s behalf should be understood as a variation of these Terms & Conditions or as an authorised representation about the nature or quality of any goods offered for sale by the Company. Except for fraud or fraudulent misrepresentation, the Company shall have no liability for any such representation being untrue or misleading.

Terms of Use

WEBSITE TERMS OF USE

All reference to ‘the Company’ throughout these terms & conditions shall mean MEDIVANCE INSTRUMENTS LTD. All reference to ‘the Website’ throughout these terms & conditions shall mean WWW.VELOPEX.COM.

1.   General

1.1   These terms and conditions apply to your use and viewing of the Company’s Website at www.velopex.com. Your use of the Website indicates your acceptance of the Terms & Conditions set out below. If you do not agree to these Terms & Conditions you must not use the Website.

1.2   The Company may update or revise these Terms of Use at any time without notice. You are responsible for reviewing these Terms of Use on each occasion that you visit the Website and if you continue to use the Website after changes are made you are deemed to have accepted them.

1.3   If any provision of these Terms & Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these terms and conditions and the remainder of the affected provisions shall continue to be valid.

1.4   Your statutory rights are not affected by these Terms of Use.

1.5   The failure to exercise or delay in exercising a right or remedy provided by these Terms of Use or by law does not constitute a waiver of other rights or remedies.

1.6   These Terms and the use of the Website and its content shall be governed by and construed in all respects in accordance with English law, and you agree to submit to the non-exclusive jurisdiction of the English courts.

2.   Country of Use

2.1   The Website is for use and viewing only within the United Kingdom. The Company make no representations that the content of this Website is appropriate or available for use in other jurisdictions.

3.   Intellectual Property

3.1   The content of the Website is copyright of the Company. All rights are reserved. Nothing in the Website should be taken as conferring any licence or right to use any trade mark displayed on the Website without the prior written approval of the trade mark owner.

3.2   You may print off or download content from the Website as permitted under the fair dealing provisions of the Copyright Designs and Patents Act 1988 (as amended) (sections 28 to 30) for the purposes of viewing it on your computer, research for non-commercial purposes, private study, criticism, review and news reporting, provided that you do not alter it in any way and acknowledge the Company as the source of the content and the copyright owner.

3.3   All other use or copying of any of the contents of the Website, other than as expressly permitted by us or permitted by law, is prohibited.

3.4   Nothing in the Website should be taken as conferring any licence or right to use any trade mark displayed on the Website without the prior written approval of the trade mark owner.

4.   Content

4.1   The Company have endeavoured to ensure that the information on or available via the Website is correct, not misleading and secure, however, it is possible that the information is out of date, incomplete, inaccurate or has been tampered with by third parties and we give no warranty as to its integrity, completeness or accuracy.

4.2   The Company has not checked this Website for viruses and you use it at your own risk.

5.   Availability

5.1   Whilst the Company take reasonable steps to ensure that the Website is available and accessible to permitted users, we do not warrant that the Website will be continuously available, or that your use of the Website will be uninterrupted or error free or that the Website or servers will be free from attack. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

6.   Liability

6.1   The material displayed on the Website is provided ‘as is’, without any guarantees, conditions or warranties as to its accuracy. To the maximum extent permitted by law, we hereby expressly exclude:

a)   All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

b)   Any liability for any direct, indirect or consequential loss or damage incurred by any visitor in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.2   Nothing in these Terms of Use shall exclude or limit the Company’s liability for death or personal injury arising from the Company’s negligence, nor The Company’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7.   Links

7.1   Links to the Website are permitted, although the Company reserve the right to withdraw such permission at any time, and provided that links are only made to the home page of the Website.

7.2   The Website may include links that allow you to leave the Website and visit third party websites. The Company have no control over and are not responsible for the content, use by you or availability of third party websites, for any products or services you buy through third party websites or for the treatment of any personal information you provide to any third party.

8.   Privacy

8.1   The Website includes areas where you are requested to input information about yourself. Any information you submit to the Company through the Website shall be subject to the terms of our Privacy Policy, and you grant the Company a perpetual royalty free licence to use such information for the purposes set out in that policy.

9.   Online Transactions

9.1   In addition to these Terms of Use and the Company’s Privacy Policy, the supply of goods and/ or services formed through the Website is subject to the Company’s Terms & Conditions of Sale.

10.   Statutory Information

10.1   Medivance Instruments Ltd. is a limited company registered in England and Wales with company registration number 446651 and with its registered office at Medivance Instruments Ltd., Barretts Green Road, Harlesden, London   NW10 7AP   United Kingdom.

Privacy Policy

WEBSITE PRIVACY POLICY

All reference to ‘the Company’ throughout these terms & conditions shall mean MEDIVANCE INSTRUMENTS LTD. All reference to ‘the Website’ throughout these terms & conditions shall mean WWW.VELOPEX.COM.

1.   General

1.1   This Privacy Policy sets out how the Company uses and protects any information that you give the Company when you use the Website

1.2   The Company is committed to ensuring that your privacy is protected. Should the Company ask you to provide certain information by which you can be identified when using the Website, then you can be assured that it will only be used in accordance with this Privacy Policy.

1.3   By using the Website and services, you are agreeing to the collection and use of certain information about you in the manner described in this Privacy Policy.

1.4   The Company may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

2.   Data Collection

2.1   Each time you visit the Website, the Company collects the limited information that your browser makes available whenever you visit any website. This information includes:

a)   Your Internet Protocol (IP) address;

b)   The address of the last URL you visited before clicking through to the Website;

c)   Your browser and platform type (e.g. a Google Chrome browser on a Macintosh platform);

d)   Your browser language; and

e)   The data in any undeleted ‘cookies’ that your browser previously accepted from the Website (with reference to Clause 5 below).

2.2   The Company may collect the following information via forms that you fill in:

a)   Name and job title.

b)   Contact information including email address.

c)   Demographic information such as postcode, preferences and interests.

d)   Other information relevant to customer surveys and/or offers.

2.3   When you enter a search query using the Website, the Website will receive the query text and process it, together with the above data, to return a search results page to you.

2.4   Public features of the Website do not require registration or submission of an account name, user name or email address to use.

2.5   A user account can and may need to be set up for the more specific and individual functions of the Website such as online ordering and all other personal account management.

3.   Use Of Data

3.1   The Company uses the information collected to improve the overall quality of your experience with the Website and to facilitate evaluation, improvement and development of the services provided by the Website.

3.2   The Company aggregates query information for internal reporting purposes and optimisation of advertising revenue.

3.3   The Company counts, tracks and aggregates visitors’ activities in analysis of general traffic flows at the Website (e.g. tracking where users come from, what pages they select within the site, how they interact with search results, etc.)

3.4   The Company requires this information to understand your needs and provide you with a better service, and in particular for the following reasons:

a)   Internal record keeping.

b)   Improvement of products or services.

c)   Periodical sending of promotional emails about new products, special offers or other information which the Company may think you may find interesting using the email address which you have provided.

d)   For market research purposes. The Company may contact you by email, phone, fax or mail. The Company may use the information to customise the website according to your interests.

3.5   If you choose to submit your name, email address, or other information the Company may use such information to contact you to respond to a request from you, or in connection with an Order placed, in connection with legal proceedings, or if there has been a violation of our Terms & Conditions, Terms of Use or this Privacy Policy.

4.   Security

4.1   The Company is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

5.   Cookies

5.1   A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

5.2   The Company uses traffic log cookies to identify which pages are being used. This helps the Company analyse data about web page traffic and improve the Website in order to tailor it to user needs. The Company only uses this information for statistical analysis purposes and then the data is removed from the system.

5.3   Overall, cookies help the Company provide you with a better Website, by enabling the Company to monitor which pages you find useful and which you do not. A cookie in no way gives the Company access to your computer or any information about you, other than the data you choose to share with the Company.

5.4   You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

5.5   The Company does not use cookies to track your use of the Internet in any other way than stated above or associate your name, email address or personal information with your cookie data.

5.6   The Company does not disclose cookie information to third parties, except as otherwise described in this Privacy Policy

6.   Links To Other Websites

6.1   The Website may contain links to other websites of interest. However, once you have used these links to leave the Website, you should note that we do not have any control over that other website.

6.2   The Company is not responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this  Privacy Policy. You should exercise caution and look at the privacy policy applicable to the website in question.

7.   Controlling Your Personal Information

7.1   You may choose to restrict the collection or use of your personal information in the following ways:

a)   Whenever you are asked to fill in a form on the Website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.

b)   If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at enquiries@velopex.com.

7.2   The Company will not sell, distribute or lease your personal information to third parties unless the Company has your permission or are required by law to do so. The Company may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

7.3   You may request details of personal information which the Company holds about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Medivance Instruments Ltd., Barretts Green Road, Harlesden, London   NW10 7AP   United Kingdom.

7.4   If you believe that any information the Company is holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. The Company will promptly correct any information found to be incorrect.