Terms and Conditions of Sale

BASIS OF SALE

All Customer Orders will constitute an offer to buy Goods or provide Services which Homecare from The Consortium accept or decline, subject to the Conditions. The Contract will constitute the entire understanding between Homecare from The Consortium and the Customer.

DESCRIPTION

Every care is taken to ensure that illustrations and descriptions are as accurate and informative as possible. Homecare from The Consortium reserves the right to change the design, specification and source of supply as necessary. In such cases every reasonable effort will be made to supply Goods of equal or better quality. Colours shown in the electronic or printed Catalogue should be used as a guide only as variations due to photography and publishing can occur.

Any typographical, clerical or other error or omission in any Catalogue, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Homecare from The Consortium will be subject to correction without any liability on the part of Homecare from The Consortium. If an error is found, Homecare from The Consortium 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, Homecare from The Consortium will refund or credit you for any sum that has been paid by you.

PRICES

All Prices are quoted in UK pounds sterling. It is policy for Homecare from The Consortium to make every effort to hold prices firm during the valid period of the Catalogue. The price for the goods will be stipulated on the website at the time when you place your order. We are entitled to make adjustments to the prices to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the price published for the goods on our website or in our catalogue is wrong. The prices shown are inclusive of any VAT.

VAT EXEMPTION

The majority of products featured on Homecare from The Consortium are liable for VAT at the current rate. Some of the items on Homecare from The Consortium have been specifically designed to aid people with a disability or long term illness. These products are clearly marked and can be sometimes purchased free of VAT.

You are likely to be eligible for VAT relief when you buy any of the identified products if you:

• are registered disabled
• have a long term medical condition or severe injury
• are purchasing a product from Homecare from The Consortium on behalf of somebody with the above conditions

When you have added your chosen products to your basket the prices shown will include VAT. However, you will need to complete a VAT exemption form at the final stages of the checkout process to ensure you do not pay any VAT charges*.

*Please note that our standard delivery charges apply to all orders below the value of £50

If you are unsure whether you qualify for VAT exemption, you will be able to obtain advice from either your local Customs office or by calling the National Advice Service on 0845 302 0203. Much more information about this can be found on the HM Revenue & Customs website – www.hmrc.gov.uk

CHARGES FOR DELIVERY

Orders up to the value of £50, for delivery to a single location in the mainland UK or the Isle of Wight are charged at £4.99. For any orders over £50 delivery is free. (except Saturday delivery requests. Please see below). The next day delivery charge is £2.90 and will be applied to all orders (excluding Saturday deliveries) where requested and available no matter what the value of the order is. A standard charge of £13.95 applies to any order that is requested for Saturday delivery – no additional carriage charges apply in this instance. Mainland UK does not include Northern Ireland, Scottish Isles, Isle of Man or Channel Islands.

TIMES FOR DELIVERY

We aim to deliver your goods within 5 working days from receipt of your order, although some items that are delivered direct from the supplier may take longer. A signature will be required on delivery of goods. Any dates quoted by Homecare from The Consortium for the delivery of Goods are approximate and Homecare from The Consortium shall not be liable for any delay in delivery beyond the reasonable control of Homecare from The Consortium. All deliveries should be checked against the advice note, before signing for the delivery to confirm receipt of goods. Any discrepancies should be notified to Homecare from The Consortium within 14 days of delivery.

Homecare from The Consortium reserves the right to charge a redelivery cost when a delivery made has been refused or not been possible. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by Homecare from The Consortium to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the Contract as a whole as repudiated. We regret that we are unable to deliver items outside of the UK mainland, this includes Northern Ireland, Scottish Isles, Isle of Man and Channel Islands.

DATA PROTECTION

Homecare from The Consortium shall store and process Customer data in accordance with the data protection principles as set out in the Data Protection Act 1998.

RETURNS

Customers must contact Homecare from The Consortium within 14 days of delivery to obtain authorisation to return any Goods. Goods returned by the Customer without prior authorisation may not be refunded.

Customers must return all products in their original boxes and packaging, including any manuals, software or accessories supplied with the products. Failure to follow these guidelines may invalidate any claim. Computer software and consumables (discs, cartridges, cassettes etc) can only be returned if the original packaging is unopened and any seals intact. Failure to follow these guidelines may invalidate any claim.

Note: All incontinence products, commodes, compression stockings/tights and hearing aids are marked as non-returnable on Homecare from The Consortium. All products that are non-returnable will be appropriately identified. This does not affect your statutory rights.

OWNERSHIP and RETENTION OF TITLE

Risk of damage to or loss of the Goods shall pass to the Customer on delivery of the Goods to the Customer or in accordance with the Customer’s instructions. Homecare from The Consortium shall not be liable for damage to Goods occurring after delivery to the Customer or for damage occurring during carriage where the Customer or the Customer’s appointed carrier transports the Goods.

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until Homecare from The Consortium has received in cash or cleared funds payment in full of the Price of Goods and all other goods agreed to be sold by Homecare from The Consortium to the Customer for which payment is then due.

CONSUMER PROTECTION RIGHT TO CANCEL

Every effort will be made to deliver the Goods or provide the Services as soon as possible after your order has been accepted and in any event within 30 days of your order unless otherwise specified. A Consumer will, subject to any exceptions or exclusions set out in the Regulations, be entitled to cancel this Contract by serving a written notice of cancellation on Homecare from The Consortium at any time during the following periods:-

In the case of Goods, within fourteen working days after the day on which the Consumer receives the Goods.

In the case of Services, within fourteen working days after the date of this Contract.

In the event of cancellation by the Consumer, Goods should be returned to Homecare from The Consortium. The Consumer should contact Homecare from The Consortium who will arrange for collection of the goods at our cost.

If Homecare from The Consortium delivers substitute goods to the consumer and the consumer then opts to cancel the contract, the cost of returning the substitute goods to Homecare from The Consortium will be met by Homecare from The Consortium.

Homecare from The Consortium acknowledges that in respect of any Contract with a Consumer, the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, the Consumer Protection Act 1987 and the Sale and Supply of Goods Act 1994 shall apply (as appropriate). Any complaints should be sent in writing to Homecare from The Consortium, Hammond Way, Trowbridge, Wiltshire BA14 8RR.

PRODUCT SUBSTITUTION

In the event that products are out of stock, Homecare from The Consortium reserves the right to substitute equal or higher quality products and this will be notified on the documentation. In the event the substitute is not acceptable to the Customer, Homecare from The Consortium will accept the return and refund providing the goods are unused and in original packaging.

SUB-CONTRACTING

Homecare from The Consortium reserves the right to sub-contract any of its rights and obligations under the Contract.

PAYMENT TERMS

All Customer payments shall be made in UK pounds sterling. We accept the following cards for payment of your order; Visa, Mastercard, Delta and Maestro. The Customer shall pay the Price of the Goods or Services by such cards at the time of placing the Order and Homecare from The Consortium shall be entitled to recover the Price. No Order will be fulfilled until the full payment has been authorised by the appropriate credit or debit card, bank or financial institution.

WARRANTIES AND LIABILITIES

Homecare from The Consortium warrants that the Goods are of satisfactory quality and that the Services will be provided with reasonable care and skill. Homecare from the Consortium shall not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident or negligence by you or any third party, use otherwise than as recommended by Homecare from The Consortium, failure to follow Homecare from The Consortium instructions or any alteration or repair carried out without Homecare from The Consortium’s approval. If the Goods supplied to you develop a defect or you have any other complaint about the Goods or the Services, you should notify Homecare from The Consortium in writing at Hammond Way, Trowbridge, Wiltshire, BA14 8RR. This does not affect your statutory rights.

Homecare from The Consortium shall not be liable pursuant to the contract for any loss of profit or goodwill or from any type of indirect, incidental, special, consequential or exemplary loss, damage, costs or expenses (even if Homecare from The Consortium has been advised of the possibility of such damages). Regardless of any statutory or other limitation periods any claim or cause of action arising in connection with this Contract, other than a Consumer’s statutory rights which shall not be restricted, must be issued with one (1) year after such claim or cause of action arose (failing which it will be barred).

Except in respect of fraud or death or personal injury caused by Homecare from The Consortium negligence, or liability for defective products under the Consumer Protection Act 1987, the entire liability of Homecare from The Consortium in connection with the Contract shall not exceed the price of the Goods and/or Service to be provided hereunder.

GUARANTEE

At Homecare from The Consortium we really want you to be happy with anything you buy from us. If you are not entirely pleased with any product please call our customer services line within 14 days of receipt, and we will arrange for a replacement or full refund at our cost.

All products are guaranteed for one year from the date of purchase or the length of the manufacturers guarantee if this is greater than one year.

PRIVACY

We take your privacy very seriously and will treat all of your personal information in accordance with all applicable data protection laws in England and Wales.

We may occasionally use the information we collect about you to notify you about similar new services or special offers from Homecare from The Consortium. You may opt out of these communications by ticking the appropriate box on your user profile.

By ordering through our Web site, you consent to our privacy policy and the collection of your personal information by Homecare from The Consortium. If we decide to change our privacy policy, we will update any changes on this site, and email them to you so that you are aware of any amendments.

We never give your details to third parties or other companies, except in respect of delivering your order.

SECURITY

When you enter your personal information on www.homecare-products.co.uk our secure server encrypts this data using the Secure Socket Layer (SSL) software to ensure that it cannot be read as it travels over the internet.

FORCE MAJEURE

Homecare from The Consortium shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of the Homecare from The Consortium’s obligations in relation to the Goods or Services, if the delay or failure was due to any cause beyond Homecare from The Consortium’s reasonable control.

WAIVER

No waiver by Homecare from The Consortium of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision of the Contract.

SEVERABILITY

If any provision of these Conditions is held by any 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 shall not be affected thereby

ALTERATIONS TO THE CONDITIONS

Homecare from The Consortium reserves the right to amend the Terms and Conditions at any time. These will be available both online and available on request.

STATUTORY RIGHTS

Nothing in these Conditions is intended to or shall have the effect of affecting the statutory rights of a Consumer.

LAW & JURISDICTION

The Contract shall be governed by the laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.

COPYRIGHT

Copyright Homecare from The Consortium 2010

The pages within any catalogues produced on behalf of Homecare from The Consortium in printed, electronic or other form are subject to copyright. Certain contents of pages can be accessed, downloaded and stored on a temporary basis for the purpose of ordering. Any permanent storage or copying or redistribution of any of the information set out in the website of Homecare from The Consortium is strictly prohibited. Browsers are also prohibited from modifying any details on the website of Homecare from The Consortium and from reproducing or publicly displaying or distributing any such details for any commercial purpose whatsoever.

VIRUSES

It is the customer’s responsibility to virus check all materials before downloading them from the website of The Consortium for Purchasing and Distribution Ltd/and or Homecare from The Consortium for any purpose.

LINKS

Links made to other websites are made entirely at the customer’s own risk and Homecare from The Consortium accepts no liability of any kind in relation to any linked sites. [The permission of Homecare from The Consortium is required in writing before 3rd party linking to its website.]

COMMUNICATIONS WITH CUSTOMERS

As part of Homecare from The Consortium’s commitment to quality it is possible that any incoming telephone calls may be recorded for monitoring purposes. We can be contacted on 0843 224 1200.