Terms and conditions of sale
1.1These terms and conditions shall govern the sale and purchase of products through our website.
1.2You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3This 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).
2.1In these terms and conditions:
(a)"we" means [Nurse Bec Supplies]; and
(b)"you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3.1The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2No 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.
3.3To enter into a contract through our website to purchase products from us, the following steps must be taken: [you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout. once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order].
3.4You will have the opportunity to identify and correct input errors prior to making your order.
4.1The following types of products are or may be available on our website from time to time: Nursing supplies/accessories and are sourced from a range of suppliers in the eu and overseas; outside the EU.
4.2We may periodically change the products and prices available on our website, and we do not undertake to continue to supply any particular product or type of product.
4.3 Please note whilst we aim to take high quality photographs of our products, your screen may display the colours/design differently to the actual product due to lighting varying computer/phone screens.
4.4 Please note there may be minor defects in the silicone on some of the fob watches.
4.5 Each individual design may differ slightly from that of the photograph displayed.
4.5 .The legal age to purchase scissors is 18 in the UK, therefore for you will be asked to confirm you are above the age of 18 at checkout.
4.6 Keep out all items out of the reach of children due to a risk of injury and a choking hazard due to small parts (This is clearly written in the description).
4.7 The scissors are not designed for sterile procedures.
4.8 The items sold are to be used by trained and competent health care professionals. We (Nurse Bec Supplies) hold no responsibility for inaccurate results for diagnosis.
4.9 The pen torches, CPR face shield keyrings, scissors, ID badge reels, have been CE certified.
5.0 If you have purchased any liquid items such as hand cream or deodorant, we cannot be held responsible if on the rare occasion they get damaged in transit.
5.1Our prices are quoted on our website.
5.2We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.4It 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.
5.5In addition to the price of the products, you [will] OR [may] have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6.1You must, during the checkout process, pay the prices of the products you order.
6.2Payments may be made by [any of the permitted methods specified on our website from time to time].
6.3If 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.
6.4If 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 25.00 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.
7.1Our policies and procedures relating to the delivery of products are set out [in this Section 7].
7.2We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within [7 days following the date of the order confirmation]; however, we do not guarantee delivery by this date.
7.4We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within  days following the later of receipt of payment and the date of the order confirmation.
7.5We will only deliver products [to addresses on the UK mainland].
8.Distance contracts: cancellation right
8.1This Section 8 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.
8.2You 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).
8.3In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. 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.
8.4If you cancel a contract on the basis described in this Section 8, you must send the products back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 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.
8.5If you cancel an order in accordance with this Section 8, 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 8.
8.6If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
8.7We 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.
8.8Unless 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 8 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.
8.9You will not have any right to cancel a contract as described in this Section 8
(a)[the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period];
(b)[the supply of goods which are liable to deteriorate or expire rapidly];
(e)[the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised];
(f)[the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you]; or
(g)[the supply of goods which are, according to their nature, inseparably mixed with other items after delivery].
9.Warranties and representations
9.1You 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].
9.2We 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.
9.3All 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 10.1, all other warranties and representations are expressly excluded.
10.Limitations and exclusions of liability
10.1Nothing 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.
10.2The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a)are subject to Section 10.1; 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.
10.3We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4We 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.
10.5You 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).
11.1We 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[ material] breach of that contract.
11.2You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any[ material] breach of that contract.
11.3We 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.
12.Consequences of order cancellation
12.1If a contract under these terms and conditions is cancelled in accordance with Section 11:
(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, 10, 15, 16, 17, 18, 19 and 20] will survive termination and continue in effect indefinitely.
13.1These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2A 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.
15.1You 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].
15.2You 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.
16.1No 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.
16.2No 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.
17.1If 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.
17.2If 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.
18.Third party rights
18.1A 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.
18.2The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19.1Subject to Section 10.1, 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.
20.Law and jurisdiction
20.1These terms and conditions shall be governed by and construed in accordance with [English law].
20.2Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].
21.Statutory and regulatory disclosures
21.1We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2These terms and conditions are available in [the English language only].
21.4The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.[ The online dispute resolution platform may be used for resolving disputes.]
22.1This website is owned and operated by Nurse Bec Supplies.
22.4You can contact us:
(b)[by email, email@example.com.
This legal document was produced and published using a SEQ Legal LLP template.