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TRIPLE O
DENTAL LABORATORIES
ONLINE SHOP
IMPORTANT:
EACH TERM SHOULD BE
READ CAREFULLY. THESE TERMS
STRICTLY LIMIT OR DEFINE THE
PARTIES’ OBLIGATIONS.
THESE TERMS
ONLY APPLY TO GOODS ORDERED
THROUGH OUR WEBSITE. GOODS ORDERED
OTHER THAN THROUGH OUR WEBSITE
ARE GOVERNED BY OTHER TERMS
WHICH CAN BE FOUND HERE
These terms and conditions
of sale (“terms”) comprise all
the terms of the contract between
the buyer named on the website
(“you”) and Triple O Dental
Laboratories Limited (“us”)
for the goods described in the
website (“goods”) and communicated
to us electronically by clicking
on the ‘submit’ button. If you
click the ‘submit’ button, or
accept or use the goods, you
shall be deemed to accept these
terms, despite anything to the
contrary stated in your order.
Your conditions of purchase
(if any) shall not apply to
this contract. No variation
of, or addition to, these terms
shall take effect unless agreed
in writing by the parties.
A contract shall come into
effect when:
(a) we
respond by sending an email
to you on us receiving from
you an order using the website
specifying the goods you wish
to purchase, or
(b) alternatively,
if any order by you requires
management approval, on such
a manager sending an email or
sending a communication by the
website from you to us responding
to us sending an email in response
to you sending an order using
the website, or
(c) further
in the alternative, if any order
by you requires management approval,
24 hours has passed from us
sending an email to you (upon
us having received from you
an order using the website specifying
the goods you wish to purchase,
and you have not provided any
response)
(option (a) to (c) named
as a ‘confirmatory email’)
or
(d) if
you have requested not to receive
a confirmatory email, on us
commencing work or entering
your order in our order book
and allocating it a job number
after receiving your order using
the website specifying the goods
you wish to purchase.
1. The
contract between us
Unless you are an account
customer, we must receive payment
of the whole of the price of
the goods that you ordered before
the order can be accepted. Once
payment has been received by
us we will confirm your order
has been accepted by sending
an email to you at the email
address you provide in your
order form. Our acceptance
of your order brings into existence
a legally binding contract between
us.
2. Price
2.1 The
prices payable for goods
that you order are set out
in our website. They are
not subject to Value Added
Tax.
2.2 You
will be required to pay
extra for specially requested
forms of delivery and it
might not be possible for
us to deliver to some locations.
2.3 Approvals
- Goods sent on approval
remain our property and
unless returned to us in
a saleable condition within
14 days of delivery will
be deemed to have been ordered
by you and will be invoiced
to you at the price prevailing
on this website at the date
of delivery.
2.4 Payment
for account customers shall
be made within 30 days of
invoice. We shall charge
interest at the statutory
rate applicable on all late
payments.
3. Right
for you to cancel your contract
3.1 You
may cancel your contract
with us for the goods you
order (save in respect of
any special orders) at any
time up to the end of the
seventh working day from
the date you receive the
ordered goods. You
do not need to give us any
reason for canceling your
contract nor will you have
to pay any penalty.
3.2 To
cancel your contract you
must notify us in writing
specifying the Invoice or
invoice number and date
supplied.
3.3 If
you receive the goods before
you cancel your contract
then you must send the goods
back to the contract address
at your own cost and risk. If
you cancel your contract
but we have already processed
the goods for delivery you
must not unpack the goods
when they are received by
you and you must send the
goods back to us at our
contact address at your
own cost and risk as soon
as possible.
3.4 Once
you have notified us that
you are canceling your contract,
any sum debited to us from
your credit card will be
recredited to your account
as soon as possible and
in any event within 30 days
of your order PROVIDED THAT
the goods in question are
returned by you and received
by us in the condition that
they were in when delivered
to you. If you do not return
the goods delivered to you,
or do not pay the costs
of delivery, we shall be
entitled to deduct that
direct cost of recovering
the goods from the amount
to be re-credited to you.
4. Cancellation
by us
4.1 We
reserve the right to cancel
the contract between us
if:
4.1.1 we
have insufficient stock
to deliver the goods you
have ordered;
4.1.2 we
do not deliver to your area;
or
4.1.3 one
or more of the goods you
ordered was listed at an
incorrect price due to typographical
error or an error in the
pricing information received
by us from our suppliers.
4.2 If
we do cancel your contract we
will notify you by email and
will re-credit your account
any sum deducted by us from
your credit card as soon as
possible but in any event within
30 days of your order. We
will not be obliged to offer
any additional compensation
for disappointment suffered.
5. Delivery
of goods to you – retention
of title
5.1 We
will deliver the goods ordered
by you to the address you give
us for delivery at the time
you make your order.
5.2 Delivery
will be made as soon as possible
after your order is accepted
and in any event within 30 days
of your order.
5.3 Once
goods have been delivered to
you they will be held at your
own risk and we will not be
liable for their loss or destruction.
6. Liability
6.1 If
the goods we deliver are not
what you ordered or are damaged
or defective or the delivery
is of an incorrect quantity,
we shall have no liability to
you unless you notify us in
writing at our contact address
of the problem within five working
days of the delivery of the
goods in question.
6.2 If
you do not receive goods ordered
by you within 30 days of the
date on which you ordered them,
we shall have no liability to
you unless you notify us in
writing at our contact address
of the problem within 35 days
of the date upon which you ordered
the goods.
If
you notify a problem to us under
this condition, our obligation
will be at your option:
6.2.1 to
make good any shortage or non-delivery;
6.2.2 to
replace or repair any goods
that are damaged or defective;
or
6.2.3 to
refund to you the amount paid
by you for the goods in question
in whatever way we choose.
6.3 Save
as precluded by law, we will
not be liable to you for any
interest or consequential loss,
damage or expenses (including
loss of profits, business or
goodwill) howsoever arising
out of any problem you notified
to us under the condition and
we shall have no liability to
pay any money to you by way
of compensation other than to
refund to you the amount paid
by you for the goods in question
under clause 6.2(c) above.
6.4 You
must observe and comply with
all applicable regulations and
legislation including obtaining
all necessary customs, import
or other permits to purchase
goods from our site. The
importation or exportation of
certain of our goods to you
may be prohibited by certain
national laws. We make
no representations and accept
no liability in respect of the
export or import of the goods
you purchase.
6.5 Notwithstanding
the foregoing, nothing in these
terms and conditions is intended
to limit any rights you may
have as a consumer under applicable
local law or other statutory
rights that may not be excluded
nor in any way to exclude or
limit our liability to you for
any death or personal injury
resulting from our negligence.
7. Notices
Unless
otherwise expressly stated in
these terms and conditions,
all notices from you to us must
be in writing and sent to our
contact address stated at the
end of this form and all notices
from us to you will be displayed
on our website from time to
time.
8. Events
beyond our control
We
shall have no liability to you
for any failure to deliver goods
you have ordered or any delay
in doing so or for any damage
or defect to goods delivered
that is caused by any event
or circumstance beyond our reasonable
control including, without limitation,
strikes, lock-outs and other
industrial disputes, breakdown
of systems or network access,
flood, fire, explosion or accident.
9. Invalidity
If
any part of these terms and
conditions is unenforceable
(including any provision in
which we exclude our liability
to you) the enforceability of
any part of these conditions
will not be affected.
10. Privacy
You
acknowledge and agree to be
bound by the terms of our privacy
policy.
11. Third
party rights
Except
for our affiliates, directors,
employees or representatives,
a person who is not a party
to this agreement has no right
under the UK Contracts (Rights
of Third Parties) Act 1999 to
enforce any term of this agreement
but this does affect any right
or remedy of a third party that
exists or is available apart
from that Act.
12. Governing
law
The
contract between us shall be
governed by and interpreted
in accordance with English Law
and the English courts shall
have jurisdiction to resolve
any disputes between us.
13. Policy
Triple O reserves the right to change prices, discontinue products or modify the design of our products without prior notice.
14. Returns
Merchandise may be returned for full credit up to 14 days from the date of the invoice. Returns should be in a re saleable condition and a copy of the original invoice should be enclosed with the return to ensure that a correct credit is given. A 15% re-stocking fee will apply after 14 days.
15. Entire
Agreement
These
terms and conditions, together
with our current website prices,
delivery details, contact details
and privacy policy, set out
the whole of our agreement relating
to the supply of the goods to
you by us. Nothing said
by any sales person on our behalf
should be understood as a variation
of these terms and conditions
or as an authorised representation
about the nature or quality
of any goods offered for sale
by us. Save for fraud
or fraudulent misrepresentation,
we shall have no liability for
any such misrepresentation being
untrue or misleading.
Triple O Dental Laboratories
Ltd
Unit 1 Shaftmoor Estate
226 Shaftmoor Lane
Birmingham B28 8SP
United Kingdom
e-mail – Supplies@tripleodentallabs.com
Phone/Fax: +44 (0)121 778
6868
Copyright (c) 2004 by Triple O Dental Laboratories / U.K.
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