This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Product(s)”) listed on our website; (our “site”) to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Further, you acknowledge and accept that the purchase of Products from our sites is also subject to and governed by the terms of our sites’ respective terms of use.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
Allpipe Breathing Apparatus is a trading name of Healey and Lord Limited, registered in England and Wales under company number 04542795 with our registered office and Our VAT number is 525 3975 28.
2. YOUR STATUS
By placing an order through our sites, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old;
2.3 You are resident in one of the Serviced Countries; and
2.4 You are accessing our sites from that country.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched by us or the manufacturer (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 These terms and conditions shall apply to any Contract for the sale of Products by us to you to the exclusion of all other terms including any terms which you may purport to apply under any purchase order confirmation or order or similar document.
4. OUR STATUS
4.1 Please note that we do not currently accept orders as agents on behalf of third party sellers. However, if we do in the future, we will let you know before you place your order. Where we do accept orders as agents on behalf of third party sellers, the resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction before placing any order with us on behalf of third party sellers.
4.2 We may also provide links on our sites to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that any products you purchase from third party sellers through our sites, or from companies to whose website we have provided a link on our sites, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us or the manufacturer immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then we through our delivery agent or carrier or the manufacturer direct will deliver within 30 days of the date of the Dispatch Confirmation or within a reasonable time of the date of the Dispatch Confirmation (whichever period is the longer), unless there are exceptional circumstances. If we or the manufacturer reasonably deem that there are exceptional circumstances, we will contact you and inform you of the likely delay. If the manufacturer fails to inform us of any likely delay, we will not be liable for any loss you suffer as a result of the manufacturer’s delay.
6.2 You shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
6.3 If you fail to take delivery of the Products or fail to give us adequate delivery instructions (otherwise than by reason of our fault) then without prejudice to any other right or remedy available to us or the manufacturer, we or they may:-
6.4 We through our delivery agent or carrier or the manufacturer direct shall be entitled to deliver the Products by instalments of any size and in any order.
7. RISK AND TITLE
7.1 The Products will be at your risk from the earlier of the time that any delivery agent or carrier takes possession of the Products or the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.3 Until such time as the ownership in the Products passes to you, we shall be entitled at any time to require you to deliver up the Products to us.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our sites from time to time, except in cases of obvious error.
8.2 These prices include VAT and delivery costs to the mainland United Kingdom.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our sites contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our sites may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our sites, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card.
9. OUR REFUNDS POLICY
9.1 When you return a Product to us or direct to the manufacturer (as indicated on the Dispatch Confirmation)
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchase through our sites (which can be seen by following the link in this clause 11.1) is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 No warranty given by us extends to Products not manufactured by us (which can be seen by following the link in this clause 11.2) in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us. For the avoidance of doubt, specific details of the manufacturers’ respective warranties or guarantees for each Product purchased by you from this site can be viewed by following the link in this clause 11.2. Whilst we may attempt to assist you, any warranty or guarantee claims that you may seek to bring under the manufacturers warranty or guarantee should be raised directly with the manufacturer.
10.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.4 This does not include or limit in any way our liability:
10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us at the time the Contract was formed, including but not limited to:
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.6 Where you buy any Product from a third party seller through our sites, the seller's individual liability will be set out in the seller's terms and conditions.
10.7 If you are contracting as a consumer, this legal notice does not affect the legal rights which you have under law which cannot be excluded or limited. If you want to know what these rights are, you should contact your local Citizens Advice Bureau.
11. IMPORT DUTY
11.1 If you order Products from our sites for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. NOTICES
All notices given by you to us must be given to Healey & Lord Ltd, MAG Group Building, Vulcan Road South, Norwich NR6 6AF (our Registered Office address). We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
17. SEVERABILITY
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities and otherwise.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our sites will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
