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Terms and Conditions
Dental 21 (Supplies) Limited
TERMS AND CONDITIONS OF TRADING
Dental 21 (Supplies) Limited otherwise referred to herein as ‘the Company’
1) GENERAL
a) These conditions shall apply to all orders, acknowledgement of orders, quotations and any other sales and supplies of the company’s goods and services to the exclusion of any inconsistent terms and conditions proposed by the Purchaser unless the latter are specifically accepted in writing on behalf of the Company.
b) All contracts shall be governed by English law and the English courts will have sole jurisdiction in any dispute.
c) Where the context so admits these conditions are intended to apply as well for the supply of services or mixed goods and services, as well as the supply of goods alone.
2) QUOTATIONS
Subject to clause 3 hereof, quotations are open to acceptance either verbally or in writing by a Purchaser for thirty days from the date of quotation. After this period has expired the Company reserves the right to change prices quoted in the original tender.
3) PRICES
a) Notwithstanding any offer, quotation, tender or price list, orders can only be accepted subject to the condition that goods will be invoiced at the Company’s price ruling at the date of despatch.
b) All prices quoted are subject to the addition of V A T at the rate in existence at the date of supply as defined by statue.
4) TERMS OF PAYMENT
a) Except where goods are supplied on credit the Company will not despatch goods to the Purchaser until payment in full has been received by the Company in respect of the goods and any delivery or carriage charges payable by the Purchaser.
b) Where goods and services are supplied on credit all invoices together with all delivery, packaging, ex-works delivery or any other charges for which the Purchaser is liable shall become due within 30 days from the date of invoice.
c) Where payment is not made on the due date whether credit facilities have been allowed or not and without prejudice to any other rights which the Company may have arising from non payment the following rules shall apply:-
i) All accounts overdue for payment will be automatically and without notice referred to our debt collectors. Any costs incurred by this referral are to be met by the Customer.
ii) The Company may treat any or all other agreements between the Company and the Purchaser as repudiated without prejudice to any other remedies the Company may have in respect of the non-payment by the Customer.
iii) The Company may refuse to carry out any other work or supply any other goods to the Customer until all payments due or deemed due pursuant to this clause has been satisfied.
d) The Purchaser shall not be entitled:-
i) To withhold payment of any amount payable pursuant to this contract because of any disputed claim of the Purchaser in respect of defective goods or workmanship or any alleged breach of contract.
ii) To offset against any amounts payable pursuant to the contract any monies which are not then presently payable by the Company or for which the Company disputes liability.
e) Payment of all invoices should be made direct to the Company’s head office as noted on all company correspondence by any of the following methods: either by crossed cheque made payable only to the Company by BACS methods payable to the Company’s bank account or by credit / debit card transactions.
f) The Company reserves the right to withdraw credit facilities at any time without giving a reason and thereafter all transactions between the Purchaser and the Company shall go on the basis laid down in the sub-clause (a) of this clause 4.
g) The Company reserves the right to suspend or refuse to carry out any further work or deliveries or to rescind any existing contracts between the Company and the Purchaser for the delivery of goods or provisions of services if the Purchaser enters into liquidation, bankruptcy or has a receiver appointed or the Company in its absolute discretion considers there to be doubt as to the Customers financial position or ability to pay for the Company’s goods or services.
5) CARRIAGE/DELIVERY/OFFLOADING
a) Unless otherwise agreed the Company shall have the right to determine the method of delivery of the goods. The cost of such delivery plus an addition to cover packaging costs may be charged to the Purchaser.
b) The Company will endeavour to deliver the goods and/or services on the dates (if any) specified by its duly authorised representatives but in all cases any dates given for delivery or provision of services are estimates only and the Company will not be liable for any loss, damage or expense suffered by the Purchaser as a result of the Company representatives failure to deliver the goods or supply the services on any specified date or at a specified time.
6) GOODS LOST/DAMAGED IN TRANSIT/OR SHORT DELIVERED
a) If goods are damaged in transit, short delivered or not suitable the Company must be notified within 7 days of receiving the goods. If the Purchaser shall fail to give such notice within the specified period the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be deemed to have accepted the same and be bound to pay accordingly.
7) RETURN OF GOODS FOR CREDIT
a) The Company will only accept goods returned for credit within 90 days of purchase if previously agreed with the Purchaser and if the goods are unused and not damaged.
b) The Company reserves the right to:-
i) Refuse to accept goods which are not in their original condition.
ii) Any goods subject to special order conditions from the Company’s suppliers, and returned unwanted by the Customer will be subject to the suppliers re-stocking and carriage fees as charged to the Company.
c) The Company reserves the right to not credit the Purchaser for goods which are returned for credit and damaged by the Purchasers chosen method of return.
d) No responsibility will be taken by the Company for goods returned by the Purchaser but not received by the Company.
e) Any goods ordered and returned unwanted by the Customer may be subject to carriage charges unless:
i) Goods are found to be faulty and are replaced with an identical part under warranty.
ii) Goods are wrongly despatched by the Company’s staff.
8) TITLE
a) Goods supplied by the Company to the Purchaser shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Purchaser shall have paid to the Company the full price of the goods set out in the invoice delivered to the Purchaser in respect of the goods.
b) The risk in the goods shall pass to the Customer when:-
i) The goods leave the Companies premises if collected by the Purchaser or
ii) The goods are delivered by the Company’s chosen method of delivery at the Purchasers given address.
c) The Customer irrevocably authorises the Company by its agent or servant to enter any of the Customers premises (using reasonable force if necessary) for the purpose of inspecting, examining, marking or removing any goods which have been supplied by the Company but have not been paid for.
9) CANCELLATION
Contract and orders may be cancelled by the Purchaser with the agreement that any costs arising from the cancellation of an order may result in a cancellation fee where stock is specifically ordered from a third party by the Company for the Purchaser.
10) INSTALLATION/CONTRACT WORK
a) Installation work is carried out on behalf of the Company by its agents or servants. Any complaint arising from this work must be notified to the Company within 7 days of the completion of the installation work.
b) The Company shall not be liable for any loss, damage or expense for installation work being delayed by problems with the Purchaser’s property where the Purchaser has not previously notified the Company to allow for extra time for further work to allow project completion.
11) WARRANTY
a) Where Goods are supplied to the Company with the benefit of a warranty from their manufacturer, that warranty will continue to apply to the Goods following sale to the Customer. If alleged defects in Goods prove to have been caused by incorrect operation, cleaning or handling or other improper use, the Company reserves the right to charge for service calls to those Goods. In all other respects the Company will warrant replacement parts for the length of the manufacturer's warranty thereon, and labour for a period of 6 months.
b) The Customer shall be responsible for ensuring that all statutory governmental regulations, local authority regulations, operating instructions, and safety precautions are complied with in relation to goods supplied by the Company.
12) RESTRICTION OF LIABILITY
a) The Company shall not in any event be liable for indirect or consequential loss or damage, including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply or failure of supply of goods or services by the Company (other than liability for death or personal injury resulting from the negligence of the Company) and whether arising from breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.
b) For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement.
TERMS AND CONDITIONS APPLIED TO INTERNET TRADING
13) ELECTRONIC COMMUNICATIONS
When you visit Dental 21 or send e-mails to us, you are communicating with us electronically. You consent therefore to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14) COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dental 21 or its content suppliers and protected by United Kingdom and international copyright laws.
15) LICENSE AND SITE ACCESS
Dental 21 grants you a limited license to access and make personal use of this site but not to download (other than page caching) or to modify it, or any portion of it, except with express written consent of Dental 21. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dental 21. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dental 21 and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dental 21's name or trademarks without the express written consent of Dental 21. Any unauthorized use terminates the permission or license granted by Dental 21. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Dental 21 so long as the link does not portray Dental 21, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dental 21 logo or other proprietary graphic or trademark as part of the link without express written permission.
16) YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Dental 21 and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
17) REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Dental 21 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Dental 21 and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dental 21 and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dental 21 or its affiliates for all claims resulting from content you supply. Dental 21 has the right but not the obligation to monitor and edit or remove any activity or content. Dental 21 takes no responsibility and assumes no liability for any content posted by you or any third party.
18) COPYRIGHT COMPLAINTS
Dental 21 and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
19) PRODUCT DESCRIPTIONS
Dental 21 and its affiliates attempt to be as accurate as possible. However, Dental 21 does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Dental 21 itself is not as described, your sole remedy is to return it in unused condition.
20) OTHER BUSINESSES
Dental 21 provides links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Dental 21 does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
21) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by dental 21 on an "as is" and "as available" basis. Dental 21 makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Dental 21 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dental 21 does not warrant that this site, its servers, or e-mail sent from Dental 21 are free of viruses or other harmful components. Dental 21 will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
22) SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your visit to Dental 21. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PRIVACY POLICY
The purpose of this statement is to set out how we use personal information that we may obtain about you. By either registering as a user of any services provided by Dental 21 on this website and by using the Dental 21 web site generally you agree to this use.
23) USE OF YOUR PERSONAL INFORMATION
a) When you register and use this site:
i) You will be asked to provide certain information such as your contact details. We will store this data and hold it on computers or otherwise. We will use this data to fulfil our agreement with you.
b) We may use information that you provide or that is obtained by us:
i) To register you with our web site and to administer our web site services;
ii) for assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services which we offer and to enable us to provide you and other customers with relevant information through our marketing programme. We may use your information to make decisions about you using computerised technology, for example automatically selecting products or services which we think will interest you from the information we have. We may keep you informed of such products and services (including special offers, discounts, offers, competitions and so on by any of the following methods:
email, telephone (including automated calls), SMS text message and other electronic messages such as picture messaging, post, fax, or otherwise which we consider may be of interest to you. If you do not wish Dental 21 to receive information of such products and services, please tick the opt-out box provided when registering on this website.
c) We may supplement the information that you provide to us with information that we receive from third parties.
24) FRAUD PREVENTION
a) In order to protect our customers and us from fraud and theft, we may pass on information that we obtain from making identity checks and other information in our customer records, including how you conduct your account, to other retailers and to financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.
25) DISCLOSURE OF YOUR INFORMATION
a) We may give information about you to the following, who may use it for the same purposes as set out above:
ii) to employees to administer any accounts, products and services provided to you now or in the future;
iii) agents who (on our behalf) profile your data so that we may tailor the goods/services we offer to your specific needs;
v) to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
vi) if we have a duty to do so or if the law allows us to do so.
26) COOKIES
a) New technologies are emerging on the Internet that help us to deliver customised visitor experiences. In particular, there is a technology called "cookies" which may be used by us to provide you with, for example, customised information from our web site. A cookie is an element of data that a web site can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our web site. Depending on the type of cookie we use, cookies also allow us to make our web site more user friendly, for example, permanent cookies allow us to save your password so that you do not have to re-enter it every time you visit our web site.
If you wish, you can usually adjust your browser so that your computer does not accept cookies. If you do this, you will still be able to browse around the site but the functions that allow you to add items to your trolley, set up a new account or access an existing account will not be available. Alternatively you can adjust your browser to tell you when a website tries to put a cookie on your computer. How you adjust your browser to stop it accepting cookies or to notify you of them, will depend on the type of internet browser programme your computer uses. If your computer uses Microsoft Internet Explorer or Netscape Navigator, you will need to follow these instructions after clicking onto this link www.aboutcookies.org (dental21.co.uk is not responsible for the content of external websites. This link will open a new window.) Go to the heading "Manage Cookies". Click onto the option you prefer, either stopping cookies being installed, or notifying you of them. From the list provided, click onto the programme which your computer uses. If this is not shown on the list, click on the "help" heading on the bar at the top of this page, search for information on "cookies" - an explanation of how to delete cookies will appear, then follow these instructions.
b) Please remember, cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
c) Your browser also generates other information, including which language the site is displayed in, and your Internet Protocol address ("IP address"). An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our web sites. We do not use your IP address to identify you personally.
d) We only keep cookies for the duration of your visit to our website, except where you save your login name as referred to above.
27) SECURITY
a) We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
28) GENERAL
a) You have the right to see personal data (as defined in the Data Protection Act) that we keep about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us (see details below).
b) Please be aware that our site may link to other web sites which may be accessed through our site. We are not responsible for the data policies or procedures or the content of these linked web sites.
For further information about shopping on dental21.co.uk please read our Terms and Conditions.
If you have any comments or queries ,please contact Customer Services on 0870 850 44 38.