Terms and Conditions

TERMS OF SALE

1. OUR CONTRACT WITH YOU

1.1 These terms of sale apply to all products supplied by BioCare Ltd, of Lakeside, 180 Lifford Lane, Kings Norton, Birmingham B30 3NU United Kingdom (‘We/Us’). Please read these terms of sale carefully and retain a copy for future reference.

1.2 When you submit an order to Us, this does not mean We have accepted your order. No contract exists between you and Us for the sale of any products until We actually dispatch the products to you. Once We do so, there is a binding legal contract between us.

1.3 The contract is subject to your right of cancellation if you are a consumer (see below).

1.4 We may change these terms of sale without notice to you in relation to future sales.

2. ORDERS FOR THE PRODUCTS

2.1 The description of the products you order will be as shown on Our website or catalogue at the time you place your order.

2.2 The products are subject to availability. If, for any reason beyond Our reasonable control, we are unable to supply a particular item, We will not be liable to you except to ensure that you are not charged for that item. We will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the products.

2.3 Our online store is available for non-commercial customers only, unless you have opened a trade account with Us. We reserve the right to refuse orders from businesses or orders that we consider are for commercial or other non-domestic concerns unless they have a trade account with us. Separate terms and conditions apply to trade accounts, whciha re available on request to trade customers.

2.4 The products are not intended for resale. This includes not reselling the products through a third party website or organisation such as Amazon or Ebay. We reserve the right not to supply products to individual customers in response to orders where it is reasonable to assume they will be on-selling them.

2.5 Every effort is made to ensure that the prices shown on Our website or Our catalogue are accurate at the time you place your order. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch the item concerned.

2.6 If an error is found on Our website or catalogue or in any order, We will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, We will refund or recredit you for any sum that has been paid by you or debited from your credit card for the products.

2.7 In addition to the price, you will be required to pay a delivery charge for the products, as shown in the section of Our website or catalogue about delivery.

2.8 The price of the products and delivery charges are inclusive of VAT.

2.9 Payment for the products and delivery charges can be made by any method shown in Our website or catalogue at the time you place your order.

2.10 Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. [The cost of your shopping includes a [2.5]% transaction fee that is payable to [insert payee details].]

3. DELIVERY

3.1 The products you order will be delivered to the address you give when you place your order. However, for deliveries outside the United Kingdom additional delivery charges may apply. Due to external regulations of non UK authorities there are a select few products unavailable in certain countries. These will be blocked at checkout.

3.2 If there is no one at the address given who is competent to accept delivery of the products, you will be notified of an alternative delivery date or a place to collect the products.

3.3 Every effort will be made to deliver the products as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, We will inform you as soon as possible.

3.4 You will become the owner of the products you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

4. YOUR RIGHT OF CANCELLATION

4.1 If you are a consumer, you have the right to cancel the contract at any time up to the end of seven working days after you receive the products (see below). A working day is any day other than weekends and bank or other public holidays.

4.2 To exercise your right of cancellation, you must give written notice to Us by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the products ordered and (where appropriate) their delivery.

4.3 If you exercise your right of cancellation after the products have been delivered to you, you will be responsible for returning the products to Us. The products must be returned to the address shown below. You must take reasonable care to ensure the products are not damaged in the meantime or in transit.

4.4 Once you have notified Us that you are cancelling the contract, We will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit card for the products.

4.5 You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. The item should be returned to us in their original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.

4.6 If you do not return the products as required, We may charge you a sum not exceeding the direct costs of recovering the products.

4.7 You have the right to cancel your contract 14 days after the day on which the goods come into your physical possession.

5. LIABILITY

5.1 You can return faulty products up to 30 days from receiving your order.

5.2 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect your legal rights.

6. DATA PROTECTION

6.1 Please see our Privacy Policy for the personal information we collect through Our website and how we use it.

6.2 We take all reasonable precautions to keep the details of your order and payment secure but, unless We are negligent, We will not be liable for unauthorised access to information supplied by you.

6.3 We will only use the information you provide about yourself for the purpose of fulfilling your order, or to notify you of similar products that We supply and that may be of interest to you from time to time, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Us at the address, fax number or email address shown below.

7. APPLICABLE LAW

These terms of sale and the supply of the products will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.

8. CUSTOMER SERVICE

8.1 For further information about Our products, or to deal with any queries, please contact our Customer Service Department by email at customerservices@biocare.co.uk, by fax to +44 121 433 8705, or by telephone on +44 121 433 3727.

BioCare Limited
Registered in England and Wales no. 01948434
Registered office: Lakeside, 180 Lifford Lane, Kings Norton, Birmingham B30 3NU
VAT number is 249 7866 41

Version: July 2013

 

TERMS OF WEBSITE USE

This page (together with the documents referred to on it) explains the terms of use on which you may make use of our website [www.biocare.co.uk] (our Site), whether as a visitor or a registered user. Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.

INFORMATION ABOUT US

Biocare.co.uk is a Site operated by BioCare® Ltd. ("We"). We are registered in England and Wales under company number 01948434 and have our registered office at Lakeside, 180 Lifford Lane, Kings Norton, Birmingham B30 3NU. Our main trading address is as before. Our VAT number is 249 7866 41.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site or to restrict access to some parts of our Site, or our entire Site, to users who have registered with us without notice.
We will not be liable if for any reason our Site is unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We retain the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our Site, you must comply with the provisions of these terms as set out herein.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

YOUR USE OF OUR SITE

You may use our Site only for lawful purposes. You may not use our Site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Site;
    • any equipment or network on which our Site is stored;
    • any software used in the provision of our Site; or
    • any equipment or network or software owned or used by any third party.

 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Use of the Site does not give you any rights as to the intellectual property herein.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site or make any use of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials and information posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change the content at any time. Therefore we encourage you to read these terms regularly even if you are a registered user since these terms are legally binding on you.  If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All guarantees, conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it. We also expressly exclude all 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.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of GOODS OR SERVICES OR INFORMATION formed through our Site or as a result of visits made by you are governed by our terms and conditions of supply.

UPLOADING MATERIAL TO OUR SITE

You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any contributions you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any contributions posted by you or any other user of our Site.
We have the right to remove any contributions, material or posting you make on our Site if, in our opinion, such material does not comply with the terms  herein.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 as may be amended or re-enacted. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out herein.
If you wish to make any use of material on our Site other than that set out above, please address your request to
biocare@biocare.co.uk .

LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

SUSPENSION, TERMINATION AND INDEMNITY

If you breach  or fail to comply with these terms or any part hereof, we may take such action as we deem appropriate and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude all and any liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings and enforce judgements  against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

TRADE MARKS

BioCare® is the UK registered trade mark of BioCare® Ltd.

VARIATIONS

We may revise these terms of use or any part at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact biocare@biocare.co.uk

Thank you for visiting our Site.