Terms and conditions of sale
1.1 “The buyer” means the purchaser of the goods.
1.2 “The company” means Beehive Solutions of 10 Highview Parade, Woodford Avenue. Ilford. IG4 5EP. Registered office: Sir Charles House. 35 Woodford Avenue. Gants Hill. Essex. IG2 6UF.
1.3 “The conditions” means the terms and conditions of sale
1.4 “The goods” means medical, surgical and other products supplied in the normal course of business by the company to the buyer
1.5 “The Order” means an order for the goods addressed to the company in accordance with these conditions
1.6 “The Price” means the order price for the goods either the relevant list price, the contract price or the agreed price confirmed by the buyer and the company or where an order is the subject of a call off by the buyer the price will be the price relating to the goods at the date of dispatch
2. Entire Agreement
2.1 These conditions shall apply to all contracts for the sale of goods by the company to the buyer to the exclusion of all other terms and conditions, including any terms and conditions which the buyer may purport to buy under including any sales order, confirmation of order or similar document.
2.2 All orders for goods shall be deemed to be an offer by the buyer to purchase the goods pursuant to these conditions.
2.3 Any variations to these conditions shall be inapplicable unless agreed in writing signed by an authorized signatory of the company.
3. Price and Payment
3.1 The price shown is exclusive of VAT, which shall be due at the rate ruling on the date of purchase
3.2 Payment of the price and VAT shall become due within 28 days of the date of the company’s invoice and time for payment is of the essence. Unless paid by direct secure card payment at the time of order
3.3 Interest of overdue invoices shall accrue from the date when the payment becomes due day by day until the date of payment at the rate of 4% above the national base rate.
3.4 The company reserves the right to increase the price by written notice to the buyer between the order acknowledgment for the goods and the date of dispatch to reflect any increase in the cost to the company which is due to factors occurring after the buyer’s order is acknowledged which are beyond reasonable control of the company.
3.5 The company reserves the right to charge a supplement delivery fee fro delivery, postage and packaging outside normal delivery.
3.6 Overdue payments shall entitle the company to
- Terminate the contract, or any other order with the buyer, or
- Suspend delivery until it receives payment in full
4. Exchange of goods
4.1 The company shall at its discretion consider requests for exchange or return of goods only within 30 days of delivery of the goods.
5. Account Facilities
5.1 If the buyer does not have a credit card or debit card facility, Payment my be made by cash, cheque or BACS transfer
5.2 The company reserves the right to request a deposit or payment in full prior to delivery
5.3 Where payment by cheque is tendered, the company shall not be bound to deliver the goods until the funds have cleared.
5.4 If the buyer has an account facility and chooses to make a payment by credit card the company reserves the right to levy an administration charge
5.5 Account facilities are set up solely at the company’s discretion
5.6 The company reserves the right to refuse or withdraw account facilities without reason at any time
6.1 Unless notified otherwise by the buyer the goods will be delivered by the company to the buyer’s premises or its nominated address, and risk shall pass to the buyer on delivery
6.2 The buyer may elect to collect the goods from the company premises or arrange for its own carrier to collect the goods from the company premises and risk shall pass to the buyer on such collection from the company’s premises.
6.3 Where the buyer requires urgent delivery of goods forming an order or part of an order then the company reserves the right to make a reasonable delivery charge for such delivery
6.4 The company may elect to deliver the goods comprising the order by separate instalments
6.5 The company at its discretion may grant to the buyer standing orders and call off facilities
6.6 The company shall endeavour to deliver the goods to the timescales set out in the order but those dates are not intended to be binding upon the company unless the order states in writing that time is of the essence
6.7 The buyer agrees to inspect the goods on delivery and notify the company in writing within 5 working days of delivery of any shortfall in delivery or incorrect or damaged goods
7. Limitation of Liability
7.1 All terms and conditions and warranties whether by the company or its servants or agents or otherwise relating to the quality and/or fitness for purpose of the goods or any of the goods are excluded
7.2 The buyer shall inspect the goods on delivery and within 5 working days notify the company of any alleged defect, damage, or failure to comply with the description or sample and shall afford the company the opportunity to inspect any goods the subject of such notification if the buyer fails to comply with these provisions then the goods shall be conclusively presumed to be in accordance with the order and free from any defect or damage that would be apparent on a reasonable examination of the goods and the buyer shall be deemed to have accepted the goods.
7.3 If the goods are not in accordance with the contract for any reason the buyers sole remedy shall be limited to the company making good any shortage or replacing such goods or if the company elects by refunding a proportion part of the price
7.4 The company shall be under no liability whatsoever to the buyer for any loss of profit, loss of use, loss of revenue or any indirect or consequential loss suffered by the buyer arising out of breach by the company of these conditions provided that nothing in these conditions shall restrict or exclude liability for death or personal injury caused by the negligence of the company or any of its agents/servants.
7.5 Given the specialist medical uses of the goods the company shall be under no liability to the buyer in respect of the particular suitability of any of the goods for any medical use.
7.6 From time to time the company may provide the buyer with promotional material produced by the manufactures of the goods and makes no warranty as to the accuracy of such material
7.7 To the extent permitted by law the companies total liability in contract, tort, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the order, shall be limited to the price for the order
8.1 As per the Distant Selling Regulations, the buyer may cancel the order at any time with the first 7 days after delivery. Cancellation may be in full or in part.
8.2 Upon cancellation, the buyer is responsible for returning the goods to the supplier, either in the original packaging or in other suitable packaging.
8.3 Upon receipt of the returned goods, the Supplier shall refund to the buyer the cost paid for the items returned, including a proportion of the initial postage depending on the volume and weight of goods returned. (A full refund will occur for a full cancellation).
9. Retention of title
9.1 Property of the goods shall pass when
- The buyer has paid the price and VAT in full and
- No other sums whatever are due to the company
9.2 Until property in the goods passes to the buyer in accordance with clause 8.1 the buyer shall
- Hold the goods and each of them on a fiduciary basis as bailer for the company
- Store the goods separate from all other goods in its possession
- Clearly identify them as the company’s property
- Upon request deliver up such of the goods as have not ceased to be in existence or resold to the company and if the buyer fails to do so the company may enter upon the buyers premises and reposes the goods
- Insure the keep insured the goods to the price against all risks to the reasonable satisfaction of the company and]
- Whenever requested to or by the company to produce a copy of such insurance policy
9.3 Notwithstanding that property in any of the goods has not passed for the company, the company shall be entitled to recover the price and VAT
10. Licenses and certificates
10.1 By making an order the buyer warrants that it is in possession of all current licenses or certificated or any other requisite documentation to receive and deal in the goods
11.1 Any notices pursuant to the conditions shall be sent to the company address or the buyer at the address notified to the company from time to time
12.1The company may license or sub-contract all or any part of its rights and obligations under these conditions without the buyers consent
13. Force Majeure
Neither party shall be liable for any default due to any act of god, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.
14.1 The validity, construction and performance of these conditions shall be governed by English law
14.2 All disputes arising out of these e conditions shall be subject to the exclusive jurisdiction of the courts or England and Wales.
15.1 An item is only eligible for return if it is the same condition in which it was delivered. It is essential that you check your goods upon receipt to ensure they match the items that were ordered, as we are unable to accept returns after a period of 7 working days has elapsed.
15.2 Due to health & hygiene reasons we cannot accept order cancellation or provide a refund for compression garments if the item has been tried on or worn.
15.3 If the item to be returned is faulty, it must be returned within 28 days unless otherwise stated. IIf the faulty item has been tried on or worn it must be laundered before returning
We are unable to refund or replace until the original item has been received at our warehouse.
10a Highview Parade. Woodfrod Avenue. Ilford. Essex. IG4 5EP
VAT Number: 989 9480 24 Company Number: 06442779