Seca Terms and Conditions for the supply of goods through its Website

Please read these terms and conditions carefully on each occasion before using our site.

In these term and conditions:

“Contract” means the contract between you and Seca for the Purchase of Goods which comes about in the manner provided for in clause 3.7.

“Despatch Email” the email we send to you when we despatch to you the Goods which are the subject of the Contract as referred to in clause 3.7.

“Goods” means the goods and products advertised on the Website.

“Terms and Conditions” means these terms and conditions as the same may be updated from time to time and includes our Website Terms of Use and our privacy policy both displayed on the Website.

“We”, “Seca”, “us” and “our” refer to Seca Limited a company registered in England and Wales company number 01430864 with its registered office at Seca House, 40, Barn Street, Digbeth, Birmingham B5 5QB.

“Warranty” means the product guarantee which Seca gives to you in relation to the Goods as set out in clause 9.

“Website” or “Site” means the Seca website at http://uk.ecashop.com

“You” and your refers to the company entity or individual who or which visits the Website and may wish to purchase Goods through the Website.

STATUS OF WEBSITE

1.1 The Website is a shop window in which Goods are displayed; such display is an invitation to treat and not an offer to sell.

1.2 By placing Goods in your shopping basket and clicking “Place your order” on our Website you are offering to buy the Goods at the price displayed in the Website for those Goods.

1.3 We may at our discretion accept your offer to buy but only where we are satisfied that we will be paid for the Goods as referred to in clause 3 below.

1.4 Although Goods are displayed on the Website not all Goods are available at all times and supply by us is always subject to availability

ESTABLISHING AN ACCOUNT

2.1 In order to purchase products/services from the Website and in order to access/use some features on the Website, you will be required to establish and use an account. People under the age of 18 years may not establish an account with us nor buy through the Website.

2.2 The Goods are principally intended for commercial use but may be purchased for private use.

2.3 In addition to full name, address and status (for example Limited or LLP or similar if applicable) and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account and purchase.

2.4 When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time when making a new purchase to keep your registration information current and accurate.

2.5 By establishing an account, you:-

2.5.1 represent and warrant you have the right and are authorized to provide the information you provide when you register for the account;

2.5.2 accept that these Terms and Conditions (as they may be amended from time to time) are incorporated into every new Contract, and

2.5.3 agree that we have the right to amend these Terms and Conditions at any time and for any reason.

2.6 Whenever we revise these Terms and Conditions you will be able to see the date of the latest revision below the heading to this document.

2.7 You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password are your responsibility.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND SECA

3.1 To place an order you will be required to complete an on line order form.

3.2 You will be required to provide us with the payment details at this stage.

3.3 By clicking “Place your order” on our Website you are agreeing to pay in full for the Goods you have ordered. Except where clause 3.4 applies the payment will be due from you and may be taken by us at any time after you have placed your order as referred to above. .

3.4 If you have a credit account with Seca then payment for the Goods will be taken by Seca or will be made by you strictly in accordance with that credit arrangement. Seca has the right to review and/or withdraw any such credit facilities at any time without being required to give any notice of that change or any reason for it. If you wish to apply for a credit account please contact us at [onlineorder.uk@seca.com]

3.5 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

3.6 After you place an order, you will receive a confirmation email from us acknowledging that we have received your order (“Confirmation Email”). The Confirmation Email is not our acceptance of your order.

3.7 The date of our Despatch Email will be the date of our acceptance of your order. The date of the Despatch Email is the date when the Contract between you and Seca is formed.

3.8 If we are unable to supply you with the Goods, for example because those Goods are not in stock or no longer available or because of an error in the price on our site as referred to in clause 7.5, we will inform you of this by e-mail and we will not process your order. For the avoidance of doubt, in these circumstances a legally binding contract will not be formed. If you have already paid for the Goods, we will refund you the full amount as soon as we can.

3.9 All of the pre-contractual statements or representations in any way relating to the Goods upon which you are relying, if any, are set out in the our official publications current from time to time and relevant to the Goods concerned. You acknowledge and agree that neither we nor any person acting on our behalf has made any pre-contractual statement or representation in any way relating to the Goods other than as so set out and you waive any and all claims rights or remedies which you might have in relation to any such statement or representation which is not so set out provided always that this clause shall not exclude or limit our liability in respect of any such statement or representations made or given fraudulently or dishonestly or in circumstances where there has been wilful concealment.

3.10 You must inform us, in writing as soon as possible and in any event not later than when you place your order whether there are any factors including but not limited to those which relate in any way to your proposed usage or application of any Goods, your working practices or the environment in which the Goods or any part of them may operate which could mean that the Goods might not perform or exhibit the quality or durability or otherwise be other than we would expect in normal circumstances. In default of any such written information from you adequately putting us on notice of any such factors we shall have no liability to you in relation to any such matter.

RETURN AND REFUND POLICY

4.1 All returns must be requested within thirty days of the date of our Despatch Email.

4.2 No returns are accepted without our prior authorization. Please contact Seca Customer Service department to obtain a Return Authorization number (‘RA number’) by telephoning 0121 643 9349 Monday – Thursday 8.45 am – 5.00 pm
Friday 8.45 am – 4.45 pm. or by email to onlineorder.uk@seca.com.

4.3 All authorized returns must be in the original packaging and in a new, re-sellable condition. If the original packaging is no longer available, replacement packaging is available for purchase from Seca and you must use such replacement packaging.

4.4 All authorized returns must be delivered to Seca, and you must prepay all delivery charges. The Return Authorization number must be clearly marked on the shipping label on the outside of the packaging. You are responsible for ensuring that the returned Goods are received by us free from damage of any sort. We will not accept the return of damaged Goods unless you agree that you will pay to us the cost of restoring the Goods to a new condition as specified by us and actually make such payment to us promptly upon our request.

4.5 Once approved, all returns must be delivered to Seca within thirty days after the Return Authorization is issued. Refunds are issued within fourteen days after Seca receives the authorized return provided that the Goods are a condition complying with the requirements of these Terms and Conditions.

4.6 No claims, regardless of cause, will be accepted after thirty days of receipt of the Goods by you. If the Goods are in a damaged condition, or defective or incomplete in any way when you receive them you must let us know as soon as you can by emailing us at onlineorder.uk@seca.com or calling on 0121 643 9349.

4.7 If you have bought the Goods as a consumer in the European Union then you have additional rights of return which are set out in the schedule below.

AVAILABILITY OF PRODUCTS, SERVICES, FEATURES AND CONTENT

5.1 All Goods sold by us through the Site may be lawfully sold and used in the European Union and comply with applicable European Union regulations. However we cannot warrant that any such Goods can be lawfully supplied or used outside of the European Union and we do not accept any liability for such supply or use and any such supply or use is entirely at your risk.

5.2 All Goods, services, features and content available on or through the Website, including but not limited to prices and availability of such Goods and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

Delivery

6.1 Our Despatch Email will confirm the estimated time for the delivery of the Goods to you, we will aim to fulfil the order within that estimated delivery time and in any case within 10 weeks of the date of the Despatch Email, unless there is an Event Outside Our Control (as more particularly described in clause 8). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery time. Generally our anticipated Goods delivery times are visible on the relevant product detail page.

6.2 Delivery will be completed when our delivery agent delivers the Goods to the address you gave us when ordering.

6.3 If the delivery courier is unable to deliver, please contact the courier company as per the instructions the courier company may leave for you.

6.4 The Goods will be your responsibility and at your risk from the completion of delivery which means when the Goods are delivered to you or your nominee.

6.5 You own the Goods once we have received payment in full, including all applicable delivery charges. Until we have received such payment in full the Goods remain our property.

6.6 If we miss the 10 weeks delivery time for any Goods then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Goods;
(b) you told us before we accepted your order that delivery within the delivery time was essential.

6.7 If you do choose to cancel your order for late delivery under clause 6.6 you can do so for just some of the Goods or all of them. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. In any event you are responsible for any loss damage that may occur to the Goods until we receive them. After you cancel your order we will refund any sums you have paid to us for the cancelled Goods and their delivery.

Price of Goods and delivery charges

7.1 The prices of the Goods will be as quoted on our site from time to time. We try hard to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 7.5 for what happens in that event.

7.2 Prices for our Goods may change from time to time, but changes will not affect any order which we have already accepted with a Despatch Email.

7.3 The price of the Goods stated on the site excludes VAT (where applicable) but you must pay to us, in addition to the price, VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

7.4 The price of the Goods does not include delivery charges which you have to pay in addition to the price and VAT. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to https://uk.secashop.com/knowledge/faq.

7.5 Our site contains a large number of different Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

7.5.1 where the price of the Goods as stated on our site is less than the correct price, we will charge the lower amount when dispatching the Product to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price; and

7.5.2 if the Product's correct price is higher than the price stated on our site, we will contact you as soon as we can to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we have the right to treat the order as cancelled and notify you in writing. If this clause 7.5.2 applies we have the right to terminate the Contract concerned without thereby incurring any liability to you.

Events outside our control

8.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.

8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

8.3.1 we will contact you as soon as reasonably possible to notify you; and

8.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

8.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 10 weeks from the date of the Despatch Email. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any standard delivery charges. Please note we are permitted to reduce your refund to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted by us or has reduced their re-sale value.

Warranty

9.1 As described below we give to you as the buyer a warranty that the Goods which we sell to you will be free from defects caused by faulty materials or manufacture.
This warranty is valid for a period of:-
(a) two years from the date of delivery to you where the Goods are scales and/or measuring equipment (or accessories for any of the same), or
(b) three years from the date of delivery to you where the Goods are ECG’s (or accessories for the same, excluding patient cables).

9.2 All batteries, cables, power packs, rechargeable batteries etc, all consumable parts and all moveable parts are excluded from the scope of the warranty.

9.3 All claims under the warranty must be made within 30 days of the defect becoming apparent or if earlier within 30 days of when the defect should reasonably have become apparent. In order to claim on the warranty you must contact us either by calling on 0121 643 9349 or emailing us on onlineorder.uk@seca.com and let us have proof of purchase Defects which come under the warranty will be repaired for you free of charge or at our discretion we may replace the Goods concerned.

9.4 Costs of transport to and from Seca are your responsibility if the device is located somewhere other than your premises to which the Goods were delivered.

9.5 We will have no liability under the warranty to the extent that the damage concerned arises directly or indirectly from:-
defective installation (where applicable),

• fair wear and tear,
• willful damage,
• negligence of any party other than Seca,
• abnormal working or environmental conditions,
• failure to follow the maintenance, operating or other instructions of Seca.,
• misuse of the Goods (which includes any use of the Goods for a purpose or in a situation/environment or for an application other than that for which it was designed), or
• opening or alteration or repair of any Goods without the prior approval of Seca

limitation of Liability

10.1 Provided that nothing in any Contract shall have the effect of excluding or restricting our liability in respect of any kind of loss damage or liability which cannot or must not be excluded or limited under English law we shall not be liable to you for:

10.1.1 loss of profits;

10.1.2 loss of production;

10.1.3 loss of turnover;

10.1.4 loss of contracts;

10.1.5 any other economic loss whatsoever;

10.1.6 any indirect, special or consequential loss and/or damage (whether relating to loss of profit or otherwise);

10.1.7 costs, expenses, other claims for compensation whatsoever relating in any way to or arising out of the matters referred to in 10.1.1 to 10.1.6 (inclusive) above,

suffered or incurred by you or any third party in any way arising out of any act or omission of ours or of our employees or agents whether for breach of statutory duty or in contract (including breach of any implied term) tort, including negligence, negligent misrepresentation and misstatement or otherwise under or in connection with any Contract or to the Goods or any of them or based on any claim for indemnity or contribution. The foregoing shall not relieve us from the obligation to remedy defects in or replace the Goods under and subject to the terms of the Warranty.

10.2 Without prejudice to clause 10.1 our entire liability to you under or in connection with a Contract or the Goods concerned save in respect of any kind of loss damage or liability which cannot or must not be limited under English law shall not exceed the price paid by you to us for the Goods concerned .

10.3 You expressly agree with us that the exclusions and limitations of liability set out in these Terms and Conditions are fair and reasonable taking into account the nature of the Goods supplied or to be supplied the Price payable by you and our obligations under the Warranty.

10.4 Nothing in clauses 10.1,or 10.2 or elsewhere in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence or that of our employees, servants or agents or for fraud or fraudulent misrepresentation.

Other important terms

11.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under that Contract.

11.2 You may only transfer your rights or your obligations under Contract to another person if we agree in writing.

11.3 Each Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

11.4 Each of the provisions of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

11.5 The Contract (including these Terms and Conditions) (and any document referred to in it) constitutes the whole agreement between you and us and supersedes all previous agreements between the parties relating to its subject matter. Nothing in the Contract shall limit or exclude any liability for fraud or fraudulent misrepresentation. No additional terms and conditions of any sort apply to the Contract including but not limited to any standard terms and conditions of yours which you may send to us. The Contract cannot be varied or supplemented in any way unless we expressly agree in writing

11.6 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so to the extent that we confirm that waiver in writing, and that will not mean that we will waive any later default by you.

11.7 Please note that these Terms and Conditions and every Contract are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it (whether in contract or otherwise) will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to hear any such claim.

Schedule

Consumer return rights

Please note that your legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply if you are based outside the European Union.

Your consumer right of return and refund

1. If you have bought the Goods as a consumer (but subject to the statement above), you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in paragraph.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
2. However, this cancellation right does not apply in the case of any Goods made to your specification or clearly personalised for you at your request.
3. You may cancel a Contract at any time during the period from the date you receive the Confirmation Email, which is when the Contract between us is formed until the end of the applicable cancellation period. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

4. To cancel a Contract, we would be grateful if you could let us know that you wish to cancel the Contract. The easiest way how to cancel is to contact us in writing to tell us by sending an e-mail to onlineorder.uk@seca.com. You may wish to keep a copy of your cancellation email for your own records.
5. Where you exercise your right of cancellation in accordance with this Schedule you will receive as soon as possible a full refund (subject to paragraphs 6 and 7) of the price you paid for the Goods and any applicable delivery charges you paid for. As permitted by law, the maximum refund in connection with delivery charge will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clauses 8.3 and 8.4. If you returned the Goods to us because they were faulty or mis-described, please see clause 8.8.
6. If you exercise your right to cancel under this clause 8, you will be responsible for charges incurred by you in returning the items to us. The charges will not be refunded. Please send the returned Goods to the following address: Seca Ltd, 40 Barn Street Birmingham, B5 5QB, England.

7. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would not be permitted by us . If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount to reflect the reduced value of the Goods.
8. If you have returned the Goods to us under this Schedule because they are faulty or mis-described, we will refund the price of the defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9. We refund you on the credit card or debit card used by you to pay.

10. If the Goods were delivered to you (including delivery to an International Delivery Destination) before you decide to cancel your Contract:

    (a) you must return the Goods to us as soon as reasonably practicable and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract and we reserve the right to withhold the reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is earliest;

    (b) you should return the packaging to us when returning the Goods;

    (c) unless the Goods are faulty or not as described (in this case, see paragraph 8), you will be responsible for the cost of returning the Goods to us;

    (d) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.

11. As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this Schedule or the Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.