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Terms and Conditions of Sale
- 1 Applicability
- 1.1 These Terms and Conditions of Sale ("Terms") apply to the sale of products on our website ("Products").
- 1.2 To place an order, you need to be at least 18 years old and be a resident of the UK.
- 1.3 Please read these Terms carefully and make sure that you understand them, before ordering any incontinence products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. Your attention is particularly drawn to clauses 5 (your cancellation and refund rights as a consumer) and 9 (liability – This clause limits our liability to you in certain circumstances).
- 1.4 We may amend these Terms from time to time. Every time you wish to order Products from our website, you should review these Terms to ensure you understand the terms which will apply at that time that you enter into the Agreement with us.
- 1.5 Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our website.
- 1.6 You should print a copy of these Terms for future reference.
- 1.7 These Terms, and any Agreement between us, are only in the English language.
- 2 Information About Us
- 2.1 We operate the website http://www.id-direct.com . We are Ontex BVBA, a company registered in Belgium with company number 0419.457.296 and our registered office at Genthof 5, 9255 Buggenhout, Belgium. Our VAT number is VAT BE 0419.457.296. Our main trading address is Ontex Healthcare UK Ltd, Weldon House, 2nd Floor, NN17 5JG Corby, Northants, United Kingdom.
- 2.2 To contact us, please see our iD-helpdesk page.
- 3 Our Products
- 3.1 All Products shown on our website are subject to availability.
- 3.2 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
- 4 How the Agreement is formed between you and us
- 4.1 For the steps you need to take to place an order on our website please follow this link: Delivery .
- 4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- 4.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
- 4.4 We will confirm our acceptance of an order you place on our website by sending you an email (“Confirmation”). The agreement between you and us (“Agreement”) will only be formed once we have sent you this Confirmation email.
- 4.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 6.5, we will inform you of this by e-mail as soon as possible and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- 4.6 We intend to rely upon these Terms and any documents expressly referred to in them in relation to the Agreement between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
- 5 Your Cancellation and Refund Rights as a Consumer
- 5.1 If you are a consumer, you have the legal right to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 5.2. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Agreement and receive a refund.
- 5.2 If you would like to cancel your order for Products and the Products have already been delivered to you, you have a period of 14 days in which you may cancel, starting from the day after the day you receive the Products.
- 5.3 To cancel an Agreement you must contact our iD-helpdesk by sending an email to firstname.lastname@example.org or by sending a letter to iD Direct, Weldon House, 2nd Floor, NN17 5JG Corby, Northants, UK, explaining that you wish to return the Products and stating the relevant order number, a description of the Products and the quantity. You will then receive an email detailing when our courier will pick up the goods.
- 5.4 If the Products were delivered to you:
- you must only use our courier service to return the Products to us following the steps set out in clause 5.3 above; and
- unless the Products are faulty or not as described (in this case, please see clause 5.7), you will be responsible for the courier costs of returning the Products to us; and
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
- 5.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible after the Products have been received and checked by us and, in any case, within 30 calendar days of the day on which you gave us notice of the cancellation as described in clause 5.3.
- 5.6 We will refund you on the credit card or debit card used by you to pay.
- 5.7 If you have returned the Products to us under this clause 5 because they are faulty or mis-described, we will refund the price of a defective Product in full, together with any applicable delivery charges and we will bear the costs of our courier service in picking up the item from you.
- 5.8 As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
- 5.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Confirmation email.
- 6 Price and payment
- 6.1 The price for the Products will be quoted on our website from time to time in pounds sterling (£). The price of a Product includes VAT (where applicable) at the current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT that you pay, unless you have already paid for the Products in full before the change in VAT takes place. For delivery costs, please refer to our Delivery page.
- 6.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed by sending a Confirmation email.
- 6.3 You can only pay for Products using a debit card or credit card.
- 6.4 Payment must be made in full when placing your order. We will only dispatch your order after we have received full payment.
- 6.5 We take all reasonable care to ensure that prices of Products are correct when entered onto the system. However, our site contains a large number of Products and it is possible that despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
- 7 Delivery
- 7.1 Unless otherwise agreed by us in writing, the Products shall be delivered to you at the address you gave during the order and registration process on our website. Delivery will be completed when we deliver the Products to the address you gave us.
- 7.2 Products shall be delivered to you as soon as possible and in any event within 30 days from the date of the Confirmation email sent to you in accordance with clause 4.4, unless there is an Event Outside Our Control (as detailed in clause 11) or we have agreed another delivery date with you. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- 7.3If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case please contact us to rearrange delivery.
- 7.4 The Products will be your responsibility once we have delivered them to you.
- 7.5 You own the Products once we have received payment in full, including all applicable delivery charges.
- 8 Intellectual Property
- 8.1 You acknowledge that we or one of our affiliates are:
- (a) the exclusive owner of all intellectual property rights related to the manufacturing process, chemical composition and technical specifications of the Products; and
- (b) the exclusive owner of the name, mark and logo under which the Products are sold; and that no such rights are assigned or licensed to you when you purchase any Products from our website.
- 9 Liability
- 9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable (subject to clause 9.4). Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement.
- 9.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 9.3 Subject to clause 9.4 our total liability to you in respect of all losses arising under or in connection with these Terms and the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed one million Euros (€1,000,000).
- 9.4 We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- (e) defective products under the Consumer Protection Act 1987.
- 10 Data Privacy
- 11 Events Outside Our Control
- 11.1 We will not be liable for any failure to perform, or delay in the performance of any of our obligations under an Agreement that is attributable to an Event Outside Our Control. An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation an order from the authorities, riot, invasion, terrorist attack, war (whether declared or not), epidemic, lock-outs, strikes, demonstrations, fire, flood, explosion, changed economic circumstances, failure of public or private telecommunications network, vandalism, exceptional weather conditions.
- 11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under an Agreement:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- 12 Communications between us
- 12.1 When we refer, in these Terms, to “in writing”, this will include email.
- 12.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email or by pre-paid post using the details on our iD-helpdesk. We will confirm receipt of this to you by contacting you in writing, normally by email. If you are exercising your right to cancel the Agreement as a consumer, please see clause 5 to tell you how to do this.
- 12.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
- 13 Transfer of Rights and Obligations
- 13.1 We may transfer our rights and obligations under these Terms to another organisation but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
- 13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 14 Other Important Terms
- 14.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 14.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 14.3 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- 14.4 We will not file a copy of the Agreement between us.
- 15 Communications between us
- 15.1 These Terms are governed by English law. This means an Agreement for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
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