Website Terms and Conditions
1. DEFINITIONS: IN THESE CONDITIONS
The following are the terms and conditions for use of the Homecare Medical Supplies Website or any Internet site to which the Website is linked (the "Website"). This Website is for use by people who are 18 years and over only. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller; “Customer” means the person specified in the Order Confirmation on the Website as purchaser of the Goods from the Seller; “Force Majeure” means, in relation to any person, any circumstances beyond the reasonable control of that person (including, without limitation, any strike, lock out, picket or other form of industrial action or any threatened industrial action);“Goods” means the articles which the Customer agrees to buy from the Seller, as specified in the Order Confirmation on the Website; “Order Confirmation” means the Order Confirmation on the Website issued by the Seller in respect of the Goods; “Price” means the price for the Goods, which is (save, in each case, to the extent otherwise stated in the Order Confirmation on the Website) inclusive of packaging and VAT and exclusive of carriage; “Seller” means Homecare Medical Supplies, Tooraree, Knock Road, Ballyhaunis, Co. Mayo; “VAT” means any value added tax and any goods and services, sales or other turnover tax, imposition or levy of a like nature chargeable in respect of the sale of the Goods to the Customer.
2. USE AND SECURITY
The Customer is entirely responsible for any and all activities that occur under their Account which is provided to the Customer by the Seller. The Customer agrees to notify the Seller immediately of any unauthorised use or any other breach of security.
The Seller reserves the right at all times to place advertisements and promotions on the Website.
4. ACCORDANCE WITH SPECIFICATION
Many of the Goods are of a technical nature and it is not practical to publish detailed specifications of all the Goods and keep specifications completely up to date. All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Goods.
If any manuals, patient information or safety instructions are provided with the Goods, the Customer agrees to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if the Customer is inexperienced in using the Goods or are unsure of their abilities, the Customer should always seek expert advice and assistance.
6. PROPRIETARY RIGHTS TO CONTENT
The Customer acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to the Customer by the Website, by the Seller, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
7. MODIFICATION OF TERMS
The Seller may terminate the Website with or without cause at any time and effective immediately. In addition, the Seller, in their sole discretion, may terminate the Customers Account for violation of the letter or spirit of these terms and conditions.
9. OPERATIONAL E-MAILS
The Seller may contact registered Customers of the Website in relation to the nature of Customers attempted transactions, even if the transactions are not confirmed. These will be operational emails to enquire as to why the transactions were not completed. The data will not be used for any other purpose, won't be stored for longer than necessary and certainly not shared with any other company. The Sellers aim is simply to provide the Customer with the highest level of service that the Seller can.
10. CONDITIONS APPLICABLE
10.1 The Conditions shall apply to all contracts for the sale of Goods by the Seller to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order or otherwise.
10.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to the Conditions.
10.3 Payment of the Goods by the Customer shall be deemed conclusive evidence of the Customer’s acceptance of the Conditions.
10.4 Any variation to the Conditions shall be inapplicable unless evidenced by writing signed on behalf of the Seller by a duly authorised person. The Customer is notified that no person has been authorised by the Seller in this regard, and further, that no person may be taken by the Customer to have any such authority unless such person has presented to the Customer a written instrument, signed by a director of the Seller, conferring upon such person such authority in connection with the Goods.
11. PRICE AND PAYMENT
11.1 The Price of the Goods shall be the Price set out in the Order Confirmation on the Website.
11.2 The Customer shall pay direct to the Seller the Price, including VAT and cost of delivery specified in the Order Confirmation on the Website, on the date specified in the Order Confirmation on the Website.
11.3 The Seller is entitled to make adjustments to the Price, without prior notice, to take account of any increase in the Sellers supplier's prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Goods on the Website is wrong. Online pricing and promotions may vary from our Shops.
12. THE GOODS
The quantity and description of the Goods shall be as set out on the Website.
The Seller shall be entitled to vary the design and/or specification of any Goods to be supplied without prior notice.
13.1 The Seller warrants that it will have the right to sell the Goods to the Customer at the time at which title to the Goods is to pass to the Customer, and further warrants that the Goods will be fit for such purposes as may be specifically notified in writing by the Seller to the Customer.
13.2 All other warranties, conditions or terms relating to the Goods (other than those provided for in Section 12 of the Sale of Goods Act 1893), whether Implied by statute or common law or otherwise, are excluded.
Carriage is FREE for all orders over €50.00 in value. A delivery fee of €5.00 is applicable to all orders under €50.00 in value.
The Seller will endeavour to deliver the Goods to the Customer within 3 working days of ordering, where this is practical. However, Goods are subject to availability and delays may sometimes occur that are outside of the Sellers control. Any dates specified for delivery are therefore approximate only. If the Customer wishes to be assured of a delivery date please contact the Seller before placing your order. The Seller will not be responsible for any other losses, costs, damages or charges that the Customer may suffer if the Seller delays in supplying or does not supply the Goods.
At the time of delivery the Customer will be required to validly sign-off on the delivery of the Goods, after which time the Goods become the Customers sole responsibility.
15. RIGHT OF WITHDRAWAL (RIGHT OF CANCELLATION)
The Customer has the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day in the case of a sales contract: ‘on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the Goods.’
The withdrawal period will expire after 14 days from the day in the case of a contract relating multiple Goods ordered by the Customer in one order and delivered separately: ‘on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last Good.’
To exercise the Customers right of withdrawal the Customer must inform the Seller of the Customers decision to withdraw from this contract by an unequivocal statement (e.g. by letter, telephone or email). Please inform name, address, telephone number, email address and details of the order including the date when the Goods were received.
To meet the withdrawal deadline, it is sufficient for the Customer to send a communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.
We believe that in order to have the best possible shopping experience, our customers should not have to worry about buying from us. So if for whatever reason you're not happy with your purchase, please phone our customer service team on 1890 989 140 or email firstname.lastname@example.org
If the Customer withdraws from this contract, the Seller shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customers choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller was informed about the Customers decision to withdraw from this contract. The Seller will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer have expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until the Seller has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
17. RETURN OF GOODS
Please return the Goods back to the Seller in resaleable condition, unused and in their original packaging. After informing the Seller that the Customer wishes to withdraw from the contract and cancel the order, the Customer is to send the Goods back to:
without undue delay and in any event not later than 14 days from the day on which the Customer communicated the withdrawal from this contract to the Seller. The deadline is met if the Customer sends back the Goods before the period of 14 days has expired. Returning Goods to the Seller is not free and is to be paid by the Customer. It will depend on the weight of the Goods to be returned. Check with your local post office for charges.
In the case of large Goods such as recliner chairs or scooters which were delivered by the Sellers driver and not a standard courier, the cost of returning these Goods will be covered by the Seller. Collection will be arranged within 14 days of the Customer confirming their wish to withdraw and cancel the order.
18. FAULTY GOODS
If the Goods are faulty, please phone our customer service team on 1890 989 140 or email email@example.com so the faulty Goods can be quickly replaced.
Title to the Goods shall not pass from the Seller until; the Customer has paid the Price including VAT and carriage in full, and at the time of delivery the Customer has validly signed-off on the delivery of the Goods, after which time the Goods become the Customers sole responsibility.
20. REMEDIES OF CUSTOMER & SELLER’S LIABILITY
20. 1 In the event of a breach by the Seller of any warranty in relation to the Goods, the Customer’s sole remedy shall be to reject the Goods to which such breach of warranty relates. Upon such a rejection of the Goods, the Seller shall refund to the Customer that part of the Price which relates to such Goods to the extent that it has been paid by the Customer. Following such rejection and refund, the Customer shall have no further rights whatever in respect of the breach of warranty.
20.2 Without prejudice to Clause 20.1, and in each case to the fullest extent permitted by applicable laws, (a) the Seller shall not be liable to the Customer for any indirect or consequential loss, damage, cost or expense of any kind which the Customer may suffer or incur, which arises out of, or is connected with, a breach by the Seller of these Conditions or of any other obligation of the Seller, (including, without limitation, any loss of opportunity, loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings), irrespective of whether the Customer’s claim for recovery in respect of that loss, damage, cost or expense is (or would but for this provision be) founded in contract, tort (including negligence) or otherwise, and irrespective of whether or not the Seller has been advised of the potential for the loss in question; and (b) in no event shall the liability of the Seller to the Customer in respect of, or in relation to, or in connection with the Goods, whether arising in contract, tort or otherwise, exceed the amount (exclusive of VAT) actually paid by the Customer to the Seller in respect of the relevant Goods.
21. FORCE MAJEURE
If either the Seller or the Customer is affected by Force Majeure it shall forthwith notify the other party of the nature and extent thereof. Neither the Seller nor the Customer shall be deemed to be in breach of any of the Conditions, or otherwise be liable to the other by reason of any delay in performance, or non-performance, of any of its obligations hereunder, to the extent that such delay or non-performance is due to any Force Majeure of which it has notified the other party hereto; and the time for performance of that obligation shall be extended accordingly.
22. PARTIAL INVALIDITY
If any of the Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in any other jurisdiction of that or any other Condition.
23. LAW AND JURISDICTION
All contracts between the Seller and the Customer in respect of, or in relation to, or in connection with, the Goods and any non-contractual obligations arising out of or in connection with any such contracts are governed by and shall be construed in accordance with the laws of Ireland. For the benefit of the Seller, the Customer hereby agrees that the courts of Ireland shall have non-exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Goods or their sale to and purchase by the Customer and, for such purposes, the Customer Irrevocably submits to the jurisdiction of the courts of Ireland.