Terms and Conditions of Sale
Your attention is drawn to the following terms in particular:
• Section 6.4 regarding unjustified chargebacks
• Section 9.1 regarding refunds for products that have been sealed for health protection or hygiene purposes
• Sections 13 (if you are a business) and 14 (if you are a consumer) regarding our liability to you
1.1 These terms and conditions shall govern the sale and purchase of products through our website to both consumers and businesses. You are a ‘consumer’ if you are an individual and you are purchasing products from us wholly or mainly for you own personal use (and not for use in connection with your trade, business, craft or profession).
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) “we” means Med Care For You Ltd (trading as Medicare UK) and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be read accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken:
(a) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(b) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(c) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document;
(d) you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment;
(e) we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by editing your basket.
3.5 We may refuse to accept an order if we believe you are ordering our products for resale purposes rather than use by your own business or organisation.
4.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only.
4.3 The packaging of product may vary from that shown in images on our website.
5.1 Our prices are quoted on our website.
5.2 We may change the prices quoted on our website occasionally, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you will have to pay a delivery charge, in accordance with our Delivery Policy.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from at any time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other chargeback then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the chargeback;
(b) all third party expenses incurred by us in relation to the chargeback (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of £25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a chargeback as a result, this will constitute an unjustified chargeback for the purposes of this Section 6.4.
7. Credit accounts
This Section only applies if you are a business.
7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 3 days following the date of our invoice.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,
without prejudice to our other legal rights or rights under these terms and conditions.
8.1 Our policies and procedures relating to the delivery of products are set out in our Delivery Policy.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
8.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
9. Distance contracts: cancellation right
This Section only applies if you are a consumer.
9.1 In accordance with consumer law, you are not entitled to any refund in respect of face masks, hand sanitizer, protective clothing, gloves or other personal protective equipment or other sealed products which are not suitable for return due to health protection or hygiene reasons.
9.2 Except for any products described in Section 9.1, you may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.4 If you cancel a contract on the basis described in this Section 9, you must send the products back to us (to 13 Masons Yard, SW1Y 6BU, London, UK) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products to us by any method of posting that requires a signature on delivery.
9.5 If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.6 Subject to Section 9.1 in respect of sealed products, if the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be beyond what is necessary to establish the nature, characteristics and functioning of the products for these purposes.
9.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
9.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10.4 If you are business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
11. Problems with products if you are a business
This Section only applies if you are a business.
11.1 If you are a business customer, we warrant that on delivery any products will:
(a) be free from material defects in design, material and workmanship; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979)
11.2 Although we will use reasonable endeavours to ensure that any personal protective equipment supplied to us by manufacturers meets any regulatory requirements (including the General Product Safety Regulations 2005, Medical Devices Regulations 2002 or Personal Protective Equipment Regulations 2002) we do not warrant or guarantee that such products will meet those requirements.
11.3 Subject to Sections 11.1 and 11.2, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in Section 11.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
11.4 We will not be liable for a product’s failure to comply with the warranty in Section 11.1 if:
(a) you make any further use of such product after giving a notice in accordance with Section 11.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) you alter or repair the product without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11.5 Except as provided in this Section 11, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Section 1.1.
11.6 These terms shall apply to any repaired or replacement products supplied by us under Section 11.2.
12. Problems with products if you are a consumer
This Section only applies if you are a consumer.
12.1 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.2 If there any problems with a product within 30 days from the date of delivery, you are entitled to request a replacement or a full refund in respect of the product.
12.3 If there are any problems with a product within six months from the date of delivery and the product cannot be replaced, then you are entitled to a full refund in respect of the product.
12.4 Your will not be entitled to request a replacement or refund for any products if:
(a) you make any further use of such product after notifying us that you want a replacement product or refund;
(b) the problem arises because you failed to follow any instructions provided by us regarding the use of the product;
(c) alter or repair the product without our written consent; or
(d) the problem arises as a result of fair wear and tear or abnormal use.
12.5 If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 02039402258 or email us at firstname.lastname@example.org for a return label or to arrange collection.
12.6 If we agree to provide a refund, the refund will be paid within 14 days from the date that we agreed to provide a refund using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
13. Our liability to you if you are a business
This Section only applies if you are a business.
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 Except to the extent expressly stated in Section 11.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.6 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.7 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) £100.00 and
(b) the total amount paid to us under the contract in respect of the products to which any claim relates.
14. Our liability to you if you are a consumer
This Section only applies if you are a consumer.
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
14.3 If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Section 13.
15. Order cancellation
15.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
15.2 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
15.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, epidemic or pandemic, fire, flood, disaster, riot, terrorist attack or war.
16. Consequences of order cancellation
16.1 If a contract under these terms and conditions is cancelled in accordance with Section 15:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; and
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).
17.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
17.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
19. No waivers
19.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
19.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
20.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
21. Third party rights
21.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
21.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
22. Entire agreement
22.1 Subject to Sections 13.1 (if you are a business) and 14.2 (if you are a consumer), these terms and conditions, together with our Delivery Policy and our Returns Policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
23. Law and jurisdiction
23.1 These terms and conditions shall be governed by and construed in accordance with English law.
23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
24. Alternative dispute resolution
This Section only applies if you are a consumer.
24.1 If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider that we use.
24.2 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
25. Our details
25.1 This website is owned and operated by Med Care For You Ltd (trading as Medicare uk).
25.2 We are registered in England and Wales under registration number 12535508 and our registered office is at 13 Masons Yard, SW1Y 6BU, London, UK.
25.3 You can contact us:
(a) by post, using the postal address 13 Masons Yard, SW1Y 6BU, London, UK.
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.