Terms and Conditions of Sale
Please read these Terms & Conditions before placing an order with us. Please note that by ordering from us, you agree to be bound by these Terms & Conditions.
1. Definitions
In these Terms & Conditions, the following expressions shall have the following meanings:
1.1 “Company” means FAS Healthcare Ltd (trading as DLT Podiatry);
1.2 “Contract” means the contract between the Company and the Customer for the sale and purchase of Goods which shall be subject to these Conditions;
1.3 “Customer” means the person, department, firm, company, or organisation placing an order with the Company;
1.4 “Conditions” means these Terms and Conditions;
1.5 “Goods” means the products and/or services supplied by the Company to the Customer.
1.6 “Stock Products” are Goods ordinarily held in stock by the Company as determined by the Company.
1.7 “Special Order Products” are Goods that have been obtained directly from the manufacturer at the customer’s request.
2. Orders and the Formation of a Contract
2.1 These Conditions shall apply to all orders received by the Company from a Customer for the supply of Goods. These Conditions shall apply unless agreed in writing prior to acceptance of the order. The placing of an order with the Company shall constitute unqualified acceptance of these terms unless otherwise agreed in writing.
2.2 Each order for Goods will be deemed to be an offer by the Customer to purchase the Goods upon these Conditions. For Stock Products a contract shall not be formed until the Goods are despatched. For Special Orders Products a contract is formed at the point the Company confirms acceptance of the order.
2.3 The Company is under no obligation to accept any order from a Customer.
2.4 Orders for Pharmaceuticals or Prescription Only Medicines (POM) will only be accepted if the Customer holds the relevant professional qualifications and registrations.
2.5 A Customer may cancel an order for Stock Products at any time before the despatch of the Goods by the Company. A Customer may not cancel an order for Special Order Products at any time without the Company’s prior written agreement.
2.6 Goods are subject to availability, in the event that the Company is unable to supply the Goods, the Customer will be informed as soon as possible.
3. Trade only
3.1 FAS Healthcare Ltd (trading as DLT Podiatry) is a trade supplier for healthcare professionals and business customers only, by placing an order with the Company you are confirming that you are acting in the course of a business and purchasing the Goods for the purpose of that business.
3.2 Customers should be qualified to use the products sold. Goods are sold on the understanding that they will be used for their intended purpose. The Company excludes any liability for damages or loss by unqualified users of the products.
4. Variance of these Conditions
4.1 The Company reserves the right to add to, amend or withdraw at any time without notice any of these Conditions. The current Conditions can be found on our website www.dltpodiatry.co.uk and, by placing an order, Customers are deemed to have read, understood, and accepted the current Conditions at the time of placing any order.
5. Accuracy of Information
5.1 Whilst the Company has attempted to ensure that the information within its website and marketing materials is correct at the time of publication, they do not form part of any Contract.
5.2 Any typographical, clerical or other error or omission in any literature, quotation, invoice or other information issued by the Company will be subject to correction without any liability on the part of the Company.
6. Prices and Quotations
6.1 All prices are quoted exclusive of VAT which will be charged at the current applicable rate at the time of despatch.
6.2 The price for the Goods will be the price set out on the Company’s website at the date of order unless another price for the Goods has been quoted and agreed upon in writing.
6.3 In the unlikely event that the price of an item has been incorrectly advertised the Company will contact the Customer to ask whether the Customer wishes to proceed at the correct price. If the Customer does not wish to proceed, the order will be cancelled.
6.4 The Company reserves the right to change any price without prior notice.
6.5 A quotation by the Company shall be valid only for the period stated, and if no period is stated, for 30 days from the date of quotation.
7. Payment
7.1 Payment is due in full at the time of placing an order unless a credit account is held.
7.2 Payment can be made by Debit Card, Credit Card or Bank Transfer.
7.3 A 50% deposit is required at the time of ordering Special Order Products. Alterations, cancellations, or refunds for Special Order Products cannot be accepted.
7.4 Payments for credit accounts are due in full 30 days from date of invoice.
7.5 If payments received from the Customer are not stated to refer to a particular invoice the Company may allocate such payments to any outstanding invoice at the Company's discretion.
7.6 The Company reserves the right to charge 5% interest per month on all overdue invoices. Orders received from a Customer whose account is overdue will not be processed until the account is settled in full.
7.7 The Company reserves the right to pass overdue accounts to a Debt Collecting Agency, the Customer will incur all collection costs.
7.8 The Company reserves the right to grant, refuse, withdraw, restrict, alter, suspend or cancel credit terms at its sole discretion.
8. Risk and Ownership
8.1 Risk of damage to or loss of the Goods will pass to the Customer at the point of delivery to the Customer.
8.2 The Company shall retain title to and ownership of the Goods and the Customer will hold them as the Company’s bailee and fiduciary agent until the Company has received payment in full from the Customer for such Goods.
8.3 The Company will be entitled to recover the Goods in respect of which the title has not passed to the Customer at any time. The Customer hereby authorises the Company, its officers, employees and agents to enter upon any premises or vehicles in the occupation of the Customer or to which the Customer has access, where the Company’s Goods may be believed to be. The Customer shall facilitate such access for the purpose of allowing repossession of the Company’s Goods.
9. Delivery
9.1 The Company aims to despatch all orders for Stock Products placed before 1pm on the same day, either by first class post or courier service. Orders received after 1pm may be despatched the following day. The Company does not guarantee same day despatch/next day delivery.
9.2 The Company reserves the right to deliver in separate installments whereby each installation will be treated as a separate contract and any failure or defect in delivery of any one or more installments shall not entitle the Customer to reject any of the other installations.
9.3 Special Order Products will be ordered from the manufacturer at the Customer’s request and to the Customer’s specification. Delivery times for Special Order Products will vary and an estimated delivery time for Special Order Products will be provided at the point of order. Any delay in delivery does not entitle the Customer to cancel an order for Special Order Products.
9.4 The Company will use reasonable endeavours to deliver each order within a reasonable time. If the Company is unable to fulfil any delivery on the expected date, the Company will not be deemed in breach of the Contract, nor will the Company have any liability to the customer for direct, indirect or consequential loss or damage howsoever caused by any delay or failure in delivery.
9.5 The Customer must notify the Company if the Goods fail to arrive within 5 days of the Company despatching the order.
9.6 The Customer shall immediately on delivery examine the Goods and must notify the Company in writing of any damage or discrepancies within 24 working hours of receipt of the parcel.
9.7 If the Company has made an error with your order, or item(s) are missing or incorrect, the Company will arrange for the error to be corrected by arranging the collection of any incorrect items and replacing or crediting missing items.
10. Carriage
10.1 The Company offers free UK mainland delivery on telephone/email orders over £85 net and web orders over £50 net, with the exception of any order which includes heavyweight equipment items.
10.2 Heavyweight equipment items require specialist transportation, the delivery cost for equipment will be advised prior to the order being accepted by the Company.
10.3 The Company will apply a delivery charge to all orders for Northern Ireland, Southern Ireland, Scottish Highlands, and any other offshore destination that is not part of the UK mainland. For further information on delivery rates visit our website delivery page dltpodiatry.co.uk/deliveries
11. Returns
11.1 The Company may, in its sole discretion, refund or credit the Customer for Stock Products which are returned within 14 days of delivery provided that the Stock Products are unopened and returned in their original packaging and condition. The Company reserves the right to charge a restocking fee of a minimum of 15%.
11.2 All goods returned must be by prior arrangement and must be accompanied by the Customer’s account number, relevant invoice number, and a return authorisation number issued by the Company. Returns cannot be accepted or processed without a return authorisation number.
11.3 The return of Special Order Products will only be accepted in the Company’s absolute discretion or if they are found to be defective.
11.4 The Customer will cover the cost of return postage unless the return is being made due to an error on the part of the Company.
11.5 Due to MHRA Regulations, Pharmaceutical GSL, P and POM products cannot be returned to the Company except to correct an error made by the Company, or in response to a manufacturer recall or where the Goods are alleged to be faulty.
12. Warranty
12.1 The Company gives no warranty other than that offered by the manufacturers of the Goods. For details of manufacturer's warranties refer to the Company's website.
12.2 All items are subject to the manufacturer’s warranty and warranty conditions. Failure to comply with the warranty conditions will invalidate the ability to rely upon the warranty.
12.3 In the event that an item is deemed defective, the Company reserves the right, to repair or replace the Goods as an alternative to refunding the Customer for the cost of Goods.
13. Liabilities
13.1 The Company will not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of revenue, profit, business interruption, business opportunity, goodwill, reputation or other economic loss whether direct or indirect and whether arising under or in connection with the Contract or the use or re-sale of the Goods by the Customer or otherwise.
13.2 The Company’s total liability to the Customer in respect of all losses arising under or in connection with the Contract or the use or re-sale of the Goods by the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (including where such loss is caused by the acts or omissions of its employees, agents or subcontractors), will not exceed the price paid for the Goods.
14. Indemnity
14.1 The Customer will indemnify the Company in respect of any loss, damages, claims, expenses, proceedings, judgments or costs that the Company is subject to as a result of the Customer’s negligence, any act or omission in breach of these Conditions and the Customer’s use of the Goods.
15. Use of Information
15.2 Information that you provide or which we obtain about your business will be held in our computer systems and used for the administration of your account and to improve the products and services we offer.
15.3 We treat customer information with the highest standards of security and confidentiality and will not sell or share your details with third parties. For further details on the information we hold view our privacy policy at dltpodiatry.co.uk/privacy-policy
16. Force Majeure
16.1 The Company shall be entitled to cancel or delay delivery of orders if it is delayed, hindered or prevented from delivery through circumstances beyond its control. Such circumstances shall include (but are not limited to) industrial action, accident, fire, terrorism, Act of God, or failure to deliver by suppliers or carriers.
17. Disputes
17.1 If any dispute arises between the Company and the Customer, the parties will attempt to settle it through mediation. No party may commence any court proceedings or arbitration in relation to any dispute arising from the Contract until it has attempted to settle the dispute by engaging in mediation and either the mediation has concluded, or the other party has failed to engage in the mediation, unless the right to issue proceedings may be prejudiced by a delay.
18. Waiver
18.1 A waiver by the Company to exercise any right or to insist on the strict performance of any provision of the Contract, shall not operate as a waiver of any subsequent breach or default, nor will it preclude or restrict the further exercise of that or any other right.
19. Severability
19.1 Each provision of the Contract is severable and distinct from the others. The parties intend that every such provision shall remain valid and enforceable to the fullest extent permitted by law. If such provision is or at any time becomes to any extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to that extent be deemed not to form part of the Contract but (except to that extent in the case of that provision) it and all other provisions of the Contract shall continue in full force and effect and their validity, legality and enforceability shall not thereby be affected or impaired.
20. Proper Law
20.1 These Terms and Conditions and any Contract shall be governed by & construed according to the law of England and the Customer submits to the jurisdiction of the English courts.
21. Company Details
FAS Healthcare Ltd (trading as DLT Podiatry), Riverside Court, Stoney Battery Road, Longroyd Bridge, Huddersfield, HD1 4TW. VAT Number:157 9182 74, Company Registration Number: 08377547.