TERMS OF USE

 

Eureka Physiocare (“Eureka”) is a trading name of Splice Cast Ltd, a limited company registered in England & Wales. Company Number 5102276 and have our registered office at Unit F, Mochdre Ent Park, Newtown, SY16 4LE, UK. VAT Number 752 9442 14. All orders, prices and quotations are subject to our standard terms and conditions of trade.

Together the Terms of Use, General Terms and Conditions and the Standard Conditions of Trade constitute the entire agreement between us and you in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these terms.

By accessing our website, you are agreeing to be bound by these web site terms of use, all applicable laws and regulations from time to time in force, and agree that you are responsible for compliance with any applicable local laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected at all times by applicable copyright and trade mark law.

You can contact us by telephoning our customer service team on +44(0)1686 625 752 or by writing to us at [email protected] or Unit F, Mochdre Industrial Estate, Newtown, Powys, SY16 4LE. If you have any questions or complaints about ordering Goods, please contact us using the relevant details above.

 

USER LICENSE

a. Permission is granted to temporarily download one copy of the materials (information or software) on Eureka’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you shall not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on Eureka’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Eureka at any time without notice. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format within 28 days.

The materials on Eureka’s web site are provided "as is". Eureka makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights so far as is permitted at law. Further, Eureka does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet web site or otherwise relating to such materials or on any sites linked to this site.

In no event shall Eureka or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Eureka’s Internet site, even if Eureka or a Eureka authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The materials appearing on Eureka’s web site could include technical, typographical, or photographic errors. Eureka does not warrant that any of the materials on its web site are accurate, complete, or current. Eureka may (in its sole discretion) make changes to the materials contained on its web site at any time without notice. Eureka does not, however, make any commitment to update the materials.

Eureka has not reviewed all of the sites linked to its internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Eureka of the site. Use of any such linked web site is at the user's own risk.

Eureka may amend these terms of use for its web site at any time subject to serving 7 days’ notice on the user, who will be deemed to have accepted the new terms of use in full after that 7 day period has lapsed. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Thank you for visiting our site.

 

GENERAL TERMS AND CONDITIONS

Copyright of Eureka. No part of this publication may be reproduced without a written permission of either Eureka or Splice Cast Ltd.

Eureka has made every effort to portray accurate descriptions and information within this catalogue.

No liability is accepted in the event of errors or omissions.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them at all times.

All rights reserved including the right to substitute a like product at the sole discretion of Eureka.

Products may vary in detail from the described item. Products may be deleted, amended, substituted or changed at the sole discretion of Eureka.

The customer and user must establish the suitability of the product purchased for their own safe use and circumstances, or seek advice from a health care professional.

Trade Marks. Where any registered trade mark has been used it is in with recognition of the owner’s right.

Any measurements shown are intended as a guide only. Please confirm any critical measurement with Eureka

The sale of all products, services, quotations and contracts are subject to our Standard Conditions of Trade.

Due to our policy of continuous improvement, we reserve the right to modify and improve our designs and specifications.

All quotations and contracts involving the supply of goods and services by Eureka to another party (the purchaser) are subject to the following terms and conditions only, and all other terms, whether orally expressed or implied, are negated.

By ordering from Eureka and using our website, you confirm that you accept these terms of use and that you agree to comply with them at all times.

 

STANDARD CONDITIONS OF TRADE

 1.         Introduction:

1.1.      The following conditions (‘these Conditions’) apply to the sale of any goods, products or services, and to servicing or repair of Goods by Eureka and/or Splice Cast Limited, where relevant, (’the Company’) to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any offer or similar document or in correspondence. No alterations or additions to nor exclusion of, any part of these conditions shall be valid in law unless specifically agreed in writing by a Director or authorised employee of the Company. Nothing in the Buyer’s Terms of Purchase shall override, cancel or modify any of these Conditions.

 1.2.       By issuing a purchase order, email confirmation or verbal instruction to proceed, the Buyer accepts these Conditions

 1.3.       ‘Buyer’ includes buyer, user, hirer, lessee, owner or any other person who is in charge of Goods supplied by the Company. ‘Goods’ shall include products, services, materials, equipment, spare parts and any other items           supplied, serviced, repaired, loaned or hired by the Company. ‘Order’ means an order for Goods in accordance with these Conditions.

 2.         Formation of contract and Legal Ownership:

2.1.       Each Order is an offer by the Buyer to buy the Goods specified in the Order. The Order is accepted and  a contract formed on issuance of a written order acknowledgement  (whether hard-copy or electronic) from the Company (“Contract”). Whichever version of these Conditions is current at the date of the order shall apply.

 2.2.       Ownership and title to Goods supplied by the Company shall remain within the Company until:

            2.1.1.    The Buyer has paid the price plus VAT in full; and

            2.1.2.    No other sums whatsoever are due from the Buyer to the Company.

 

2.2.       In the event of non-payment of sums due to the Company from the Buyer by the due date, the
Company shall be entitled to enter the Buyer’s premises and to physically re-possess and remove from them goods supplied by the Company for which payment has not been received. It will be assumed that where the Buyer purchases similar Goods from the Company on a regular basis that a stock rotation system has operated and Goods still held relate to invoices still outstanding for which full payment and VAT has not been made.

 3.         Credit:

3.1.       An application for the opening of a credit account with the Company shall be on the basis that the applicant has read and agreed to these Conditions, as amended from time to time.

 3.2.       Where the Buyer has an account, payment shall be made by the end of the month following the date of invoice.

 4.         Buyer’s Default:

4.1.       Should the Buyer fail to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:

 4.1.1     Cancel the Order or suspend any further deliveries to the Buyer until further notice;

 4.1.2     Appropriate any payment made by the Buyer to such of the Goods (as the Company may think fit (notwithstanding any purported appropriation by the Buyer); and

 4.1.3     Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of four percent (4%) per annum above the base lending rate from time-to-time of Barclays Bank Plc., until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

 4.2        This condition applies if:

 4.2.1     The Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;

 4.2.2     The Buyer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as         amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;

 4.2.3     An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer;

 4.2.4     The Buyer ceases, or threatens to cease, to carry on business; or,

 4.2.5     The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

 4.3        If sub-clause 4.2 above applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Order or suspend any further deliveries without any liability to the Buyer (so far as is permitted at law), and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 5.         Specification of Goods:

5.1        It is the responsibility of the Buyer to examine Goods supplied by the Company and to identify defects   which might cause injury or damage. The onus rests on the Buyer to ensure that the goods supplied are fit for their intended purpose before use. Illustrations, recommendations, specifications, descriptions, weights and measurements shall be taken by the Buyer as a guide only, and are not binding. The Company reserves the right without notice and without affecting the validity of the Contract to make such changes in material, dimensions and design as are reasonable and desirable. No goods are warranted or guaranteed, expressed or implied unless agreed in writing, save as to the extent those permitted by law. Goods will only be accepted for return with copies of original paperwork and those Goods being in their original packaging.

 5.2        If you are a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 5.3        If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens'Advice Bureau or Trading Standards office.

 6.         Acknowledgements:

6.1.       The Company gives no representation or undertaking, and shall not be bound by such condition, warranty, innominate term or other obligation (whether express or implied, and whether imposed or implied by statute, at common law or otherwise) concerning the condition, quality, physical state or attributes, location, origin, fitness or suitability for any purpose, or conformity with description or sample, of the Goods so far as is permitted by law.

 6.2        Should the Buyer decide to reject the Goods in accordance with this clause 6, the Buyer shall be entitled to:

            6.2.1     Require the Company to repair or replace the rejected Goods; or

            6.2.2     Require the Company to repay the price of the rejected Goods in full.

 Once the Company has complied with the Buyer’s request, it shall have no further liability to the Buyer for the rejected Goods’ failure to comply with this clause 6.

 6.3        These Conditions shall apply to any repaired or replacement Goods supplied by the Company.

 7.         Advice, Information & Opinion:

Advice, information and opinion given by any Director, Manager, Employee or Agent of the Company is given without legal responsibility. Any recommendation or suggestion made by the Company relating to the design, legal or IP status, material choice or use of Goods, whether in technical literature or in response to a specific enquiry is made in good faith but it is for the Buyer and user to satisfy themself of the accuracy or validity of advice, information & opinions given prior to acting on it.

 8.         Limit of Liability:

8.1        The Company shall not be liable for direct or consequential damage (save for if it contracts with individual consumers), injury or loss (including any costs incurred in any recall of the Goods) caused          by its Goods or workmanship, design or materials used beyond replacement of the Goods or work on     verification of the Buyer’s complaint.

 8.2        The Company shall not be liable for any consequential loss (save for if it Company contracts with individual consumers) caused by its failure or delay in supplying, servicing or repairing Goods,       whether the loss arises from the actions or from the omissions of the Company, its Employees, Agents or Subcontractors.

 8.3        Nothing in these Conditions limits or excludes the Company’s liability for:

 8.3.1     death or personal injury caused by its negligence;

8.3.2     fraud or fraudulent misrepresentation;

8.3.3     breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

8.3.4     any other liability that cannot be limited or excluded by law.

 8.4        Subject to clause 8.3, the Company’s total liability to the Buyer for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price paid for the Goods.

 9.         Reliance:

9.1        The content in our catalogues and website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before          taking, or refraining from, any action on the basis of the content on our site. In no way does this constitute a recommendation.

 9.2        The Buyer agrees that it does not rely on the skill, judgement or advice of the Company in relation to the suitability of any goods or services for a particular purpose.

 10.        Deliveries:

10.1      The Company will contact you with an estimated delivery date, which will be within 60 days after the date on which the Company emails the Buyer to confirm its acceptance of the Buyer’s order.          Occasionally the Company’s delivery to the Buyer may be affected by an Event Outside The Company’s Control.

 10.2      Delivery is complete once the Goods have been unloaded at the address for delivery set out in your        order or collected by you from The Company and the Goods will be at your risk from that time.

 10.3      The Buyer owns the Goods once the Company has received payment in full, including of all applicable delivery charges.

 10.4      If the Buyer fails to take delivery within 5 days after the day on which the Company notifies the Buyer that the Goods were ready for delivery, the Company may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.

 10.5      Any time named by the Company for the delivery of its Goods is an estimate only, and while every effort will be made to deliver on time, the Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by any act or event beyond its reasonable control (“Event Outside The Company’s Control”).

 10.6      If an Event Outside The Company’s Control takes place that affects the performance of the Company’s obligations under this Contract:

 10.6.1    the Company will contact the Buyer as soon as reasonably possible to notify them; and

10.6.2    the Company’s obligations under the Contract will be suspended and the time for
performance of its obligations will be extended for the duration of the Event Outside The Company’s Control. Where the Event Outside The Company’s Control affects the Company’s delivery of Goods to the Buyer, the Company will arrange a new delivery date with the Buyer after the Event Outside The Company’s Control is over.

 10.7      The Buyer may cancel the Contract affected by an Event Outside The Company’s Control  which has continued for more than 90 days. To cancel please contact the Company. If the Buyer opts to cancel, the Buyer will have to return (at the Company’s cost) any relevant Goods the Buyer has already        received and the Company will refund the price the Buyer have paid, including any delivery charges.

 10.8      Claims by the Buyer for damage during transit, shortages or non-delivery must be made to the Company in writing within three (3) days of date of delivery. Despatch or delivery of the goods by the Company to the Buyer shall be deemed to be conclusive evidence of the Buyer’s acceptance of these conditions, and such acceptance shall take effect notwithstanding any purported prior, contemporary or subsequent notice or incorporation by the buyer of any provision at variance with these conditions.

 10.9      Should the Buyer wish to exercise its right to reject the Goods in accordance with the Sale of Goods       Act 1979, the Buyer shall be entitled to:

 10.9.1   Require the Company to repair or replace the rejected Goods; or

10.9.2   Require the Company to repay the price of the rejected Goods in full.

 Once the Company has complied with the Buyer’s request, it shall have no further liability to the Buyer for the rejected Goods’ failure to comply with this clause 10.

 10.10    These Conditions shall apply to any repaired or replacement Goods supplied by the  Company.

 10.11    If the Company fails to deliver the Goods, its liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods.        However, the Company will not be liable to the extent that any failure to deliver was caused by an Event Outside The Company’s Control, or because the Buyer failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Goods.

10.12    The Company does not routinely deliver to addresses outside the UK. However, You may place an order for Goods from outside the UK, but this order will be at the Company’s discretion and may be subject to additional terms and costs which are not provided for in these Conditions.

11.        VAT

11.1      All prices quoted in our website, printed catalogue and essential guides are subject to current UK Value-Added-Tax (VAT) which may be subject to change. Except item(s) which are zero-rated VAT or items which are being delivered to countries outside European Community (EC) countries (excluding the UK), VAT will also be charged on delivery to those EC countries unless the purchasers can provide us with a valid VAT number or VAT certificate. Current UK VAT rate is 20%.

11.2      If you are a VAT-registered business within the EC, you have to provide us your VAT registration number via email or by phone. Once your registration is validated, we will re-set your registration to enable you to purchase with VAT-exemption. However when placing your order online, our website will continue to add VAT into your shopping cart. When your order is processed by our office the VAT will then be removed from payment. It is important to qualify for VAT-exemption your order must have a delivery address inside the EC and outside the UK.

12.        Guarantees:

12.1      Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.

 12.2      Guarantees given shall not be applicable outside the UK unless expressly stated otherwise

by the Company in writing. Any guarantee given will be invalidated if the Goods are subjected to misuse or accidental damage after the Buyer has taken delivery of them.

13         Training:

13.1      The Company accepts no liability whatsoever for the use and/or misuse of Goods carried out by a  Buyer and/or an end-user. The Buyer acknowledges and accepts that:

            13.1.1   the Company has recommended safe-use instructions (where possible);

13.1.2   the onus for training lies with the user of such Goods, whether this be the Buyer themselves or an end user; both to evaluate training requirements for themselves and their business and also to determine when their staff are sufficiently qualified to administer treatment to a member of the public;

13.1.3   it will be ultimately responsible for any damage/injury caused as a result of misusing such Goods; and

13.1.4   it shall at all times self-evaluate its own need for staff training relating to the Goods.

14.        Confidentiality and Data Protection:

14.1      The Company will only use the Buyer’s personal information as set out within the Company’s privacy policy which is available on request.

14.2      The Company shall ensure that it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including (i) the Data Protection Act 2018 and any successor UK legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK).

15.        Severance

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to, or deletion of, a provision or part-provision under this clause 14 shall not affect the validity and enforceability of the rest of this agreement.

 16.        Governing Law and Jurisdiction:

These Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions or its subject matter or formation (including non-contractual disputes or claims).

 


×

  Loading...