Terms and Conditions of Sale

This website is controlled and operated by or on behalf of Health Enterprise East Limited (“HEE”), a company registered in England, company no. 05285665 whose registered office is at 112 Hills Road, Cambridge, Cambridgeshire CB2 1PH. HEE’s VAT registration number is 868920476.
Customers may contact HEE either by e-mail at hee@papworth.nhs.uk or by post at Health Enterprise East Ltd, Papworth Hospital, Papworth Everard, Cambridge CB23 3RE.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE TO PURCHASE ANY PRODUCTS MADE AVAILABLE FOR SALE THROUGH THIS WEBSITE (“PRODUCTS”). BY [TICKING THE “I ACCEPT” BOX], YOU AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR PURCHASE OF PRODUCTS FROM THIS WEBSITE.

Contract terms
By ordering Products using this website you confirm either:
• that you are placing the order in your personal capacity and that you accept that these terms and conditions will apply; or
• where you are placing an order in the name of another individual, a partnership, company or other legal entity, that you have the right and authority to place the order and to accept these terms and conditions on behalf of such individual, partnership, company or other legal entity.
By placing an order for Products you consent to HEE maintaining, recording, holding and using your personal data in accordance with HEE’s Privacy Policy

Ordering Products
To place an order for any Product(s) you should follow the procedures set out on the website. It shall be your responsibility to ensure that all details of any order placed are complete and accurate.
Each order will be an offer by you to purchase the relevant Products subject to these terms and conditions. HEE will not be bound to supply any Products ordered until it has accepted the order by e-mailing or otherwise notifying its acceptance to you. HEE will be entitled to reject any order and, if it does so, it shall notify you.

Prices and payment
The price of any Product is the price in force on the date and at the time of the order. HEE tries to ensure that the prices for Products displayed on this website are accurate but prices are subject to validation by HEE as part of its acceptance procedure. HEE will inform you prior to acceptance of your order if the correct price of a Product is higher than that stated in your order and in such a case you may cancel the order if you wish to do so.
Payment for the total cost of the ordered Products together with any applicable delivery charges must be made by credit or debit card at the time of order. HEE uses a third party to process credit and debit card payments on its behalf.
Any credit or debit card used to purchase Products must belong to you or be used with the consent of the owner and there must be sufficient funds or credit available to cover the cost of any Products. HEE reserves the right to obtain validation of any credit or debit card details or verification of the authenticity and ownership of any credit or debit card before accepting any order for or supplying any Products.

Delivery
Once an order has been accepted by HEE, HEE will aim to deliver the Products within Europe by the date stated in HEE’s acceptance of order or, if no date is stated, within a maximum of 30 days beginning with the day after the date of your order. HEE uses a third party, Max4Health, to distribute the Products.
The Products shall be delivered to the place specified in the order. For deliveries outside of Europe, please contact Max4Health for information on delivery charges and timescales.
All times or dates for delivery stated on this website are estimates only. HEE will make all reasonable efforts to deliver Products within the time specified but does not accept liability for any failure to deliver within that time.

Returns
If you change your mind about any Product ordered and you wish to return it, you can do so by notifying HEE in writing within seven (7) working days commencing the day after delivery. To return Products, you must notify Max4Health in writing at Unit 11 Muirhead Quay, Fresh Wharf Estate, Highbridge Road, Barking, Essex, IG11 7BW or by email at tony@max4health.com and must arrange for and pay the cost of returning the Products to Max4Health. Once you have informed Max4Health that you wish to return the Products you have twenty eight (28) calendar days to do so. Once Max4Health receives the Product it will issue a refund for the Product assuming it is returned in its original condition. You may be liable for the original postage charge.
If your Products are faulty on arrival, you should notify Max4Health in writing within twenty (20) calendar days commencing the day after delivery. Products should be returned in their original packaging complete with all accessories and documentation. Once Max4Health has verified the fault it will issue a replacement or full refund to you. If a Product is being replaced you will not have to pay for the return carriage costs. Any refunds may result in you paying for the original carriage costs. Returned Products are tested and if a returned Product is found not to be faulty it will be returned to you.
Any Product which you return must be kept in good condition whilst in your possession and must be returned in the same condition as when delivered.

Warranties
HEE warrants that the Products will correspond with their descriptions as set out on this website and, save to the extent that any defects are drawn to your attention before acceptance of your order, will be of satisfactory quality.
HEE gives no warranty that making the Products available in any particular jurisdiction outside of the United Kingdom is permitted under any applicable non-United Kingdom laws or regulations. Accordingly the Products or any part of them are not offered for sale in any jurisdiction or to any customer where the making available of those Products in such jurisdiction or to such customer is prohibited under the laws of any jurisdiction, whether by reason of nationality, residence, age or otherwise. If you are resident outside the United Kingdom you must satisfy yourself that you are lawfully able to purchase the Products.
All other express or implied terms, conditions, warranties or representations whatsoever (whether in relation to quality, fitness for any purpose or otherwise) in respect of the Products or any information or service provided by HEE through this website are excluded by HEE to the fullest extent permitted by law.

Exclusions and limitations of liability
Nothing in these terms and conditions shall exclude or restrict the liability of HEE for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.
Subject to the paragraph above, HEE shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or economic loss or any indirect or consequential loss or damage, costs or expenses whatever or however arising out of or in connection with the sale and supply of the Products.
Subject to the two paragraphs above, the total liability of HEE, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any loss or damage, costs or expenses arising directly in connection with the sale and supply of the Products shall not exceed the greater of the sum of £500 or such sum as has been paid to HEE for the Product concerned.
If the limitation on HEE’s liability set out in the preceding paragraph is judged by a court of competent jurisdiction to be unreasonable in the circumstances, the limit of HEE’s liability shall be increased to the amount that HEE can recover from its insurer for the loss in question.

General
The failure or delay by either party to exercise or enforce any right or remedy under these terms and conditions shall not operate as a waiver of that right or remedy.
These terms and conditions together with HEE’s privacy policy, any order form, any payment method instructions and any order acknowledgement, constitute the entire agreement between HEE and you with respect to the supply and purchase of the Products. No person who is not a party to the contract between you and HEE shall have any right to enforce any term or condition of it.

HEE will not be deemed to be in breach of these terms and conditions or held liable for any delay in performance or failure to perform any of its obligations to you to the extent that such delay or non-performance is due to any cause beyond HEE’s reasonable control. HEE may assign or sub-contract any or all of its rights and obligations under these terms and conditions without your prior written consent at any time.

If any provision or terms of these terms and conditions shall become or be declared unlawful, invalid or unenforceable, in whole or in part, for any reason whatsoever, such provision or term or such part of it shall to that extent be severed from the remaining terms and conditions and deemed to be deleted from them as far as possible without modifying or affecting the legality, validity or enforceability of the remaining terms and conditions, which will remain in full force and effect.
These terms and conditions shall be governed by and construed in accordance with English law and any dispute arising out of the supply and purchase of the Products shall be subject to the exclusive jurisdiction of the English Courts