- 1.1 This Website is owned by Phoenix Surgical Instruments Limited, a company registered in England (company number 1642571) with a registered office at 14B Pindar Road, Hoddesdon, Herts EN11 0BZ.
- 1.2 You are registered with us as a business customer and these are the Terms and Conditions of sale that apply to transactions between you and us.
- 1.3 By purchasing any products (the “Product(s)”) and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions.
2. Purchase of Products
2.1 The placing of a Product on our Website is an invitation to accept payment for such Product and is not an offer to sell at the listed price that may be advertised alsewhere by our marketing department.
We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
- 2.2 We will acknowledge by e-mail your order for a Product at the time you place your order. We will then notify you within 5 days of such email whether we have accepted your order. At the same time if we have accepted your order we will notify you of delivery dates.
- 2.3 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you within 14 days of acceptance of your order and give you the choice of cancelling the order and receiving a refund or of purchasing an alternative product (“Alternative Product”). If payment has been taken for the Product and you have cancelled the order we will issue a refund within 7 days of receiving notification of cancellation of the order. If you choose to purchase an Alternative Product these Terms will apply. If payment has been taken for the cancelled order we will refund to you any overpayment or take payment for any underpayment.
- 2.4 In the event a Product is listed at an incorrect price due to an error, we will notify you within 14 days of accepting your order of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want to purchase the Product at the corrected price we will deliver the Product to you. If payment has been taken for the Product and you cancel your order we will, on return of the Product (if the Product has been sent out) issue a refund within 7 days of such return or notice of cancellation (where no Product has been sent out). If only some of the Products you ordered are mispriced that will not affect the order in relation to any Products which were priced correctly and we will deliver these Products to you in accordance with these Terms.
- 3.1 The Products will be delivered to the address you give when you place your order however we reserve the Right not to make deliveries outside the United Kingdom.
- 3.2 Orders accepted by us before 5.00pm on a working day will be processed that day and we will use reasonable endeavours to meet the requested delivery option on the Website provided no additional security checks are required and all Product is available. (A working day is any day other than weekends and bank or other public holidays).
- 3.3 Risk in the Products passes to you when the Products are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Products after risk passes.
- 3.4 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
- 3.5 We will inform you as soon as possible after acceptance if we are unable to deliver the Products to you on the date specified by you and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery and time of delivery shall not be of the essence of the contract.
- 3.6 If you fail to take delivery of the Products and without prejudice to any other rights and remedies available to us, we may:
- store the Products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage;
- sell the Products at the best readily obtainable price and either:-
- where you have not already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products; or
- where you have already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.