Consumer Terms & Conditions of Sale
These are the terms and conditions of sale of BHR Pharmaceuticals Limited whose registered office is at 41 Centenary Business Centre, Hammond Close, Nuneaton, Warwickshire CV11 6RY (registered number 2460338) and registered for VAT purposes with number 529 1353 48 (“we” / “us” / “our”). These terms will apply to all your purchases of Goods, whether you are ordering online, by telephone or by mail. Please read this document carefully after printing it off or downloading it (if you are using the Internet) before placing your order. We may change these terms from time to time. Please check them before you make another purchase.
1.1 In these conditions:-
1.1.1 “Consumer” means any customer who is purchasing outside the course of his or her business or trade;
1.1.2 “you” means the Consumer submitting an order for Goods;
1.1.3 “Goods” means the Goods noted in any quotation or order acknowledgement from us and which are supplied under these conditions;
1.1.4 “Party” means either you or us; “Parties” means you and us;
1.2 The contract for supply of Goods (“Contract”) will be formed when you accept our quotation or we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in electronic or paper copy for our records.
1.3 In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such check. You confirm that you are happy for us to carry out such check.
1.4 These conditions may only be changed in a document signed by one of our directors.
1.5 These conditions and any matters referred to on our quotation or order acknowledgement (as appropriate) form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.6 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.
1.7 By accepting the Contract you are confirming that you are a Consumer.
1.8 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
1.9 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.
2.1 If the Goods which you purchase from us are faulty or do not do not conform with any specification provided by us (whether on our website or on or with the packaging of the Goods), you should notify us in writing within 28 days of delivery or within a reasonable time of discovery of the defect for defects which are not apparent to you on an inspection of the Goods. We will examine the Goods and, if the Goods are faulty or do not conform with any specification provided by us, will either remedy the defect in question, replace the defective Goods or refund the price of the defective Goods.
2.2 The warranty in 2.1 above does not apply to faults which been caused by your misuse and/or neglect of the Goods or by accidents caused while the Goods are in your possession.
2.3 Where you return Goods under and in accordance with condition 2.1 we will pay for the delivery of any repaired or replacement Goods to you and will reimburse your reasonable postage costs in returning the Goods. We will not be liable for any delivery costs where you are not entitled to return the Goods to us under these conditions or by law.
2.4 Goods must bear a Returned Goods Article (RGA) number clearly visible on the exterior. We will issue this number to you when you notify us of the defect. Goods returned by you to us for any reason must be returned in their original packaging in substantially the same condition as they were delivered to you.
3 LIMITATION OF LIABILITY
3.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
3.1.1 any losses which are not foreseeable by both Parties when the Contact is formed arising in connection with the supply of Goods and related services or their use by you;
3.1.2 any losses which are not caused by any breach by us; or
3.1.3 business or trade losses.
3.2 Our entire liability in connection with the Contract will not exceed [one and a half] times the purchase price of the Goods in question.
3.3 Nothing in this Contract means that we limit or exclude our liability to you for:
3.3.1 death or personal injury resulting from our negligence or that of our employees, agents or subcontractors
3.3.2 any other matters which we cannot by law limit or exclude.
4.1 The price for the Goods is stated on our quotation or order acknowledgement (as appropriate). All prices are in £ sterling, are inclusive of VAT, delivery and installation charges and the cost of packaging and insurance, all of which will be added to or charged on invoices at the appropriate rates and paid by you.
4.2 We may vary the price where the cost to us of acquiring or supplying the Goods is increased between the date of quotation or order acknowledgement (as appropriate) and delivery and including, without limitation, increases in the cost of carriage, packaging or insurance or arising from a change in exchange rate, a change in delivery date, quantities or specifications for Goods requested by you or delay caused by your instructions PROVIDED THAT we will notify you in writing in good time prior to delivery of such price increases and you may cancel your order within 7 working days of this notice if you are unhappy with the price increases.
5.1 Unless we agree otherwise in Writing, you must pay for Goods prior to their despatch to you by such means as we may notify you of. Where the Goods are supplied on credit terms granted at our discretion, payment will be made by you by the end of the month following our invoice date. Payment by cheque is deemed to have been made only upon such cheque being met on first presentation.
5.2 Where you do not make any payment to us under the Contract by its due date then, we may, in addition to any other rights which we have under this Contract, withhold any further deliveries and/or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us.
6.1 We will deliver the Goods to the place designated by you in the UK in the accepted order or quotation, as appropriate, during normal business hours.
6.2 Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any quotation, despatch note or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
6.3 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations under the Contract, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery.
7 RISK AND TITLE
7.1 Ownership of the Goods and the risk for damage to the Goods will pass to you upon delivery.
7.2 If you fail to pay for any Goods in accordance with these conditions we may bring action against you for the price of the Goods at any time.
8 DAMAGE OR LOSS IN TRANSIT
We shall repair or replace, free of charge any Goods damaged or lost in transit where delivery has been made by our carrier (whether postal or otherwise), provided that you give us written notification of such damage or loss within 3 days of the date of our invoice (so that we may comply with our carrier’s conditions of carriage).
9 YOUR RIGHT OF CANCELLATION
9.1 Under the Consumer Protection (Distance Selling) Regulations 2000 (as amended), you have the right to cancel the Contract for the purchase of any of the Goods within 7 working days of delivery. A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund provided that, where delivery has taken place, you have returned the Goods to us in the same condition that they were delivered. This right of return is in addition to any other rights, warranties or conditions available to you.
9.2 If you exercise your right of cancellation after the Goods have been delivered to you, please call our ordering department on 08700 349 606 and obtain a Returned Goods Article (RGA) number. We would then ask you to package the goods securely in the original packaging. Please record the [Returned Goods Article (RGA) number] on a label attached to the outer packaging. The return address is:
BHR Pharmaceuticals Limited
41 Centenary Business Centre
9.3 For your protection, we recommend that you use a recorded delivery service. Please note that you will be responsible for the costs of returning the Goods to us unless we delivered the items to you in error or the Goods are faulty. If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.
10 YOUR STATUTORY RIGHTS
As a consumer, there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 (as amended) we have to supply goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects these statutory rights.
11 DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are prevented or delayed in the performing of any of obligations to you if this is due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
We may freely assign, sub-contract or otherwise transfer in whole or in part the Contract PROVIDED THAT the quality of Goods supplied to you is not affected. You may not however do so without our written agreement.
13.1 If any provision of these Conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question is not affected.
13.2 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
14 GOVERNING LAW
The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
USE OF WEBSITE
All the information on this website is intended for guidance only and is regularly updated. Products and prices are subject to change without notice. BHR Pharmaceuticals Limited owns the copyright in all materials on this site.
All contents and information on this site including without limitation text, graphic and images, is the property of BHR Pharmaceuticals Limited or the property of their respective owners and is protected by United Kingdom copyright laws.
All trademarks that appear on this site are the property of their respective owners.
We accept Credit Card, Debit Card payments via PayPal.
Cards we accept, (MasterCard / Visa / Visa Delta / Visa Electron / Visa Purchasing / JCB / Solo / Switch / Maestro).
Please note that all transactions will be carried out in Sterling. Once you have placed your order, confirmation will be sent to you via e-mail complete with Transaction and Order Reference numbers. BHR Pharmaceuticals Limited monitor prices on a daily basis.
We will not be held responsible for pricing errors due to software mal-functions, or human error. This website operates on an ‘invitation to treat’ basis and not as an ‘offer for sale’ as a result, BHR Pharmaceuticals Limited reserves the right to decline orders for bulk or high value purchases.
CREDIT CARD SECURITY
At the checkout stage, you will be passed on to a Secure Order Processing page, your details will be encrypted by 128-bit industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details.
Your information provided to us during the ordering process is protected by 128-bit industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details. This server encrypts information while it is being transmitted across the Internet so that unauthorised people cannot read it.
UNLAWFUL OR PROHIBITED USE
You shall not use this site for any purpose that is unlawful or by any means prohibited under this terms and conditions. You shall not use this site in any manner, which may harm BHR Pharmaceuticals Limited or other parties or adversely affect the site functionality or its use by others. You shall not attempt or obtain from or through this site any information that is not already and intentionally made available from or through it.
We have created this privacy statement in order to demonstrate our firm commitment to your privacy. We will only use the information that we collect about you lawfully (in accordance with Data Protection Act 1998). The following discloses our information gathering and dissemination practices for this website.
We only collect information about you for two reasons: firstly, to process your order and second to provide you with the best possible service. As a customer of BHR Pharmaceuticals your privacy is very important to us and we will NOT pass your details on to anyone else. As a customer we may e-mail you from time to time to give you details of new products or to warn you the test you purchased from us is close to its expiry date. If you do not wish to receive any more e-mails from us, please send us an e-mail to firstname.lastname@example.org and you will be immediately removed from our mailing list.
The type of information we collect about you includes: your name, your address, your phone number, your email address, purchase details, credit/debit card details.
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us at email@example.com. If you find any inaccuracies we will delete or correct them promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.
Waste Electrical and Electronic Equipment (WEEE) Directive
BHR Pharmaceuticals Limited acts in accordance with the VCA Office and its obligations to the compliance of WEEE.
A copy of our WEEE Regulation 33 Notice can be downloaded from here.