Terms and Conditions
PLEASE CAREFULLY READ THESE TERMS AND
CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE
Definitions
Applicable Laws: all applicable laws, statutes, regulations and codes from time to time
in force in England and Wales.
Business Day: a day,
other than a Saturday, Sunday or public holiday in England, when banks in
London are open for business.
Contract: the contract between you and us for the sale and
purchase of Products, formed following our written confirmation of an Order.
Data Protection Legislation: 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, without limitation (i)
the UK General Data Protection Regulation as (ii) the Data Protection Act 2018;
and (iii) the Privacy and Electronic Communications Regulations 2003, in each
case as amended, superseded or replaced from time to time.
IFU: the
instructions for use provided with each Product.
Order: your order
for Products submitted through the Websites.
Products: the
Medical Devices supplied by L&R Medical UK Limited and set out in an Order.
Websites: the websites at http://lohmann-rauscher.co.uk/ and https://lrselfcare.co.uk/ hosted by
L&R Medical UK Ltd.
Information about us and how to contact us
We are
L&R Medical UK Ltd a company registered in England and Wales. Our company
registration number is 03631028 and our registered office is at 1 Wellington
Court, Lancaster Park, Needwood, Burton upon Trent, Staffordshire, DE13 9PS.
You can
contact our Customer Services Team using the following methods:
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+44 (0)1283 576800 |
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Email |
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|
Website |
Fill in the enquiry form at https://lrselfcare.co.uk/contact |
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Post |
L&R Medical UK Ltd, 1 Wellington Court,
Lancaster Park, Needwood, Burton upon Trent, Staffordshire, DE13 9PS. |
Conditions of Sale
These are
the terms and conditions on which we supply our Products to consumers via the
Websites (“Terms and Conditions”).
Please read these Terms and Conditions carefully. By placing an order
for Products on the Websites, you accept that you have read, understood and
agree to be bound by these Terms and Conditions.
All Products sold through the
Websites comply with Applicable Laws and, where required, bear the appropriate
UKCA Marking or CE marking. The Products are intended for use by consumers
within the United Kingdom.
Advice
when purchasing Medical Devices
The
Products available on the Websites are Medical Devices. We strongly recommend
that you seek advice and assessment from a qualified healthcare professional
prior to purchasing any Medical Device to ensure that the Product is suitable
for your intended use.
We do not
provide medical advice through the Websites. The information provided about our
Products is for general informational purposes only and should not be relied
upon as a substitute for professional medical advice, diagnosis or treatment.
If you have any questions or concerns about a medical condition, you should
consult your doctor or other qualified healthcare provider.
By placing
an Order, you confirm that:
a)
you have read
and understood the Product description and any warnings or contraindications
specified on the Websites;
b)
you have,
where appropriate, sought advice from a qualified healthcare professional
regarding the suitability of the Product for your needs; and
c)
you understand that certain Products may
require professional fitting or assessment to ensure safe and effective use.
Certain
Products, including but not limited to compression hosiery and wound care
products, may require measurement and fitting by a trained professional. Where
this is indicated on the Product description, you should not purchase the
Product unless you have received such professional assessment.
Please
refer to the IFU prior to application, to ensure you fully understand how to
use a Product and whether there are any contraindications that would be
detrimental to use.
Age
Restrictions
The
Websites are intended for use by persons aged 18 years or over. If you are
under 18 years of age, you should use the Websites only under the supervision
of a parent or guardian.
By placing
an Order, you confirm that you are at least 18 years of age. We reserve the
right to cancel any Order where we have reasonable grounds to believe that the
person placing the Order is under 18 years of age.
Our Products
The images
of the Products on the Websites and those found within our literature are for
illustrative purposes only. Your Product
may vary slightly from those images.
The packaging of the Product may also vary from that shown in images on our Websites.
From time to time, we may make minor changes to a Product:
a) to reflect changes in Applicable Laws and regulatory
requirements including those as established by the Medicines and Healthcare products
Regulatory Agency; or
b) to implement minor technical adjustments and improvements, provided that any such changes will not materially change the nature or quality of a Product.
By placing an Order via the Websites, you are offering
to purchase the Products identified in the Order in accordance with these Terms
and Conditions.
Accepting an Order
Our acceptance of your Order will take place when we email you an order confirmation,
at which point and on which date a legally binding Contract will be formed.
An order confirmation will be sent to you via the
email address you have provided when placing an Order. Should you not receive
your confirmation email within 48 hours of placing an Order, you should contact
our Customer Services Team via one of the methods listed under the section “Information about us and how to contact
us”.
Please also check your spam/junk email folder as the
email may be inadvertently directed there.
Sometimes
we reject Orders
We may
reject Orders in certain circumstances, for example:
a) because a Product is unexpectedly out of stock;
b) because of unexpected limits on our resources which we
could not reasonably plan for;
c) because we have identified an error in the price or
description of the Product;
d) because we are unable to meet a delivery deadline you
have specified; or
e) because you are located outside the UK or our delivery areas, as stated on the Websites.
When this happens, we will let you know as soon as possible and promptly refund
any sums you have paid by the method you used for payment.
Price
The Product
prices listed on the Websites are inclusive of Value Added Tax or any similar
tax, which shall be charged at the rate in force at the time of purchase. We
take all reasonable care to ensure that the price of the Products on the
Websites is correct.
If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
VAT
L&R Medical
UK Limited can confirm that the Medical Devices made and distributed via the
Websites do not satisfy the criteria set out for zero VAT rating. As a result, the
Products will not be sold at zero rating to consumers via direct sales. If further information is required you should contact HMRC or refer to
the GOV website: https://www.gov.uk/financial-help-disabled/vat-relief
Payment
Payment
for all Products must be made in full at the time of placing your Order. You
will own the Products under an Order once we have received payment in full.
We accept payments by Visa, MasterCard and PayPal.
The costs
of delivery of Products will be advised during the Order checkout process on
the Websites.
Delivery is complete when the Products are delivered
to the address you gave us, or when you or a person you have expressly
nominated to receive the Products takes physical possession of the Products,
whichever is earlier.
All Products ordered by you will become your
responsibility from the time they are delivered to the address you provided to
us.
Late
Delivery outside of our control
If our
supply of Products under an Order is delayed by an event outside our control,
we will contact you as soon as possible to let you know and we will take steps
to minimise the effect of the delay. Provided that we do this, we will not be
liable for delays caused by such events (though your statutory rights remain
unaffected). However, if there is a risk
of substantial delay you may contact our Customer Service Team via one of the
methods listed under the section “Information
about us and how to contact us” to cancel the Contract. Within 14 days
of receipt of such cancellation we will refund the price you have paid for the Products
that you have not received by the method you used for payment.
Late
Delivery
If we fail to deliver the Products within the timeframe agreed or, where no timeframe has been agreed, within 30 days of confirmation of your Order, you may specify a new delivery date. If we fail to deliver within this extended period, or if delivery within the original timeframe was essential (taking into account all relevant circumstances), you may cancel the Order and receive a full refund for any Products that have not been delivered.
Damage during delivery
You should
inspect the Products promptly upon delivery. If you discover any damage to the
Products or the packaging, or if the delivery is incomplete, you should notify
us within 14 days of delivery by contacting our Customer Services Team via one
of the methods listed under the section “Information
about us and how to contact us”. You may also note any damage on the
delivery receipt at the time of delivery.
This does
not affect your statutory rights, including your right to reject faulty Products
within 30 days of delivery under the Consumer Rights Act 2015.
Upon
receipt of the returned Products, you will be given the option to have the Products
replaced (if stock is available) or receive a refund (inclusive of delivery
costs) for the damaged Products. Any refunds will be made within 14 days of
receipt of notification from you that your preferred option is a refund.
Refunds will be made by the method you used for payment.
Your legal right to change your mind
For most
of our Products purchased via the Websites, you have a legal right to change
your mind about your purchase and receive a refund of what you paid for it, including
the basic standard delivery costs (but not any enhanced or premium delivery
costs). This is subject to the conditions set out below.
You cannot change your mind about an Order for:
Products
sealed for health protection or hygiene purposes, once these have been unsealed
after you receive them; or
a) Products that become mixed inseparably with other
items after their delivery.
If you
change your mind about a Product, you must let us know no later than 14 days
after the day we deliver it. If your Order is split into several deliveries
over different days, the period runs from the day after the last delivery.
To notify
us that you wish to exercise your right to change your mind, please contact our
Customer Services Team via one of the methods listed under the section “Information about us and how to contact
us”. You may
also use the Model Cancellation Form attached to these Terms and Conditions.
Please refer to the sections “Return of Products” and “Refunding your Order” below for details on how to return after changing your mind and when a full refund may not be due.
If you wish
to return the Products for any reason please contact our Customer Services Team
via one of the methods listed under the section “Information about us and how to contact us”.
If you are
exercising your right to change your mind, you must return the Products within
14 days of telling us you no longer want them. You are responsible for any
return costs incurred and you should keep a receipt or other evidence from the
delivery service as proof of your return.
We will
pay the costs of return;
if the Products
are faulty or misdescribed; or
a) if the Products are damaged on delivery; or
b) if you are cancelling the Contract due to a delay in
delivery caused by events outside our control; or
c) because you have a legal right to do so as a result of
something that we have done wrong.
Refunding your Order if you change your
mind
We will
refund you the price for the Products excluding delivery costs, by the method
you used for payment. However, we may make deductions from the price, as
described below.
If you are
exercising your right to change your mind:
a) you are required to return any Products for a
reimbursement in a sealed, unused and unopened condition; and
b) we may reduce your refund of the price (excluding
delivery costs) where the Products have been unpackaged or used. Any such
reduction will be proportionate to the diminished value of the Products. In
some cases, because of the way you have treated a Product, no refund may be
due.
We will make any refunds due to you as soon as possible. If you tell us you have changed your mind about a Product that has not been dispatched, we will refund you as soon as possible and within 14 days. If you are sending your Product back to us after you have changed your mind, we will refund you within 14 days of receiving it (or receiving evidence that you have sent it to us).
Warranty
In
addition to your statutory rights, we provide the following warranties for our
Products. These warranties cover defects
in materials and workmanship under normal use in accordance with the IFU.
If a
Product develops a fault within the warranty period, you are entitled to a
replacement under the terms of that warranty.
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Product
Category |
Warranty Period |
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Compression hosiery |
3 months from delivery |
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ReadyWrap products |
6 months from delivery |
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ActiGlide products |
6 months from delivery |
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Other products |
As specified on the product page |
Please
contact our Customer Services Team via one of the methods listed under the
section “Information about us and how
to contact us” if you have any questions regarding our warranties or
wish to make a warranty claim.
Exclusions
a)
damage caused
by misuse, neglect, accident or failure to follow the IFU;
b)
normal wear
and tear;
c)
damage caused
by use of the Product for any purpose other than its intended purpose; or
d)
damage caused
by modification, alteration or repair by anyone other than us or our authorised
agents.
Relationship
with your Statutory Rights
These
warranties are in addition to, and do not affect, your statutory rights as a consumer.
Under the Consumer Rights Act 2015, you have rights in respect of goods that
are not of satisfactory quality, not fit for purpose or not as described. For
further information about your statutory rights, please contact your local
Citizens Advice Bureau or Trading Standards office.
Personal information and data protection
We will only use your personal information as set out
in our Privacy Policy which can be accessed via: https://lohmann-rauscher.co.uk/privacy
Any personal data we hold on your behalf will be stored and processed in accordance with the applicable Data Protection Legislation.
Liability
Our
responsibility to you
We are
responsible to you for foreseeable loss and damage caused by us. If we fail to
comply with these Terms and Conditions, we are responsible for loss or damage
you suffer that is a foreseeable result of our breach of the Contract or our
failure to use reasonable care and skill, but we are not responsible for any
loss or damage that is not foreseeable.
Loss or
damage is foreseeable if either it is obvious that it will happen or if, at the
time the Contract was made, both we and you knew it might happen.
Exclusions
and Limitations
We do not
exclude or limit in any way our liability to you where it would be unlawful to
do so. This includes liability for:
a) death or personal injury caused by our negligence or
the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) breach of your statutory rights under the Consumer
Rights Act 2015; and
d) for any other liability that cannot be excluded or
limited by Applicable Law.
Subject to
the above:
a) we will not be liable to you for any loss or damage
arising from your failure to follow the IFU;
b) we will not be liable for any loss or damage arising
from your use of a Product that is not suitable for your medical condition or
circumstances, where you have not sought appropriate professional advice before
purchase; and
c) we only supply the Products for domestic and private
use and we will not be liable for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
Importance
of Following Instructions
Medical Devices must be used in accordance with the IFU provided with the Product. Failure to follow the IFU may result in the Product not performing as intended and could cause harm. If you are unsure how to use a Product, please contact us or consult a healthcare professional before use.
Product Recalls and Safety Notices
If we become aware of any safety issue
with a Product, including where we are required to issue a recall or safety
notice by the Medicines and Healthcare products Regulatory Agency (MHRA) or any
other competent authority, we reserve the right to:
a) contact you using the contact details you have
provided to us, to inform you of the safety issue and provide instructions on
any steps you should take;
b) request the return of affected Products;
c) provide you with a replacement Product or refund, as
appropriate; and
d) take any other steps required by the MHRA or other
competent authority.
By placing an Order, you agree that we may
contact you in accordance with this section for the purposes of product safety,
even if you have opted out of marketing communications.
We may retain records of your purchases
for the purposes of medical device traceability as required by Applicable Laws.
We are
committed to providing you with the best quality products. We honour our legal
duty to provide you with Products that are as described to you on our Websites
and that meet all the requirements imposed by Applicable Law.
If you
feel that one of our Products has not met your expectations please contact the
Customer Services Team via one of the methods listed under the section “Information about us and how to contact
us”.
We may request the return of a Product that is the subject of a complaint
(if available) for investigation purposes and we will be responsible for the
costs of any such return. Please note that Products returned for investigation
will not then be returned to you, unless otherwise specified at the time of
arranging the return. Products should (where relevant) be laundered prior to
return. Items returned unlaundered will be disposed upon receipt.
Intellectual
Property
All intellectual property rights in the Products and
in any documentation, packaging, labels, trade marks, logos or branding
associated with the Products shall remain vested in us (or our licensors).
Nothing in these Terms and Conditions shall transfer any intellectual property
rights to you. You shall not use our trade marks, trade names, logos or
branding without our prior written consent, save as necessary to resell the
Products in accordance with these Terms and Conditions.
Governing
Law and Jurisdiction
These Terms and Conditions are governed by English law.
Wherever you live you can bring claims against us in the English courts. If you
live in Wales, Scotland or Northern Ireland, you can also bring claims against
us in the courts of the country you live in. We can bring claim against you in
the courts of the country you live in.
Other
important terms
We may transfer our Contract with you, so
that a different organisation is responsible for supplying your Products. We will tell you in writing if this
happens and we will ensure that the transfer will not affect your rights under
the Contract.
You may only transfer your Contract with
us to someone else if we agree to this. We may withhold consent where the proposed transferee has previously
breached a contract with us, has outstanding debts owed to us, or where the
transfer would otherwise prejudice our legitimate interests.
Nobody else has any rights under this Contract. The Contract is between you and us.
Nobody else can enforce it and neither of us will need to ask anybody else to
sign-off on ending or changing it.
If a court invalidates some of this Contract,
the rest of it will still apply. If a court or other authority decides that some of
these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.
Model Cancellation Form
(Complete and return this form via one of the methods below only if you
wish to cancel the Contract under the section Your legal right to change your mind)
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Email |
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|
Website |
Fill in the enquiry form at https://lrselfcare.co.uk/contact |
|
Post |
L&R
Medical UK Ltd, 1 Wellington Court, Lancaster Park, Needwood, Burton upon
Trent, Staffordshire, DE13 9PS. |
I hereby give notice that I have changed
my mind and wish to cancel my Order for the following Products:
Order number:
Ordered on / received on:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form
is notified on paper):
Date:
