1. General

Any use of the website appearing at URL www.thamesmedical.com (referred to as the “website”) is subject to these General Terms and Conditions. You are treated as accepting these by using the website and therefore you should read them carefully. These General Terms and Conditions, the Terms and Conditions of Sale and the Privacy Policy together form one agreement and references to “Terms and Conditions” mean that agreement, incorporating all three of those documents. The website is owned and operated by:

Thames Medical Ltd (ENGLISH REGISTER: 2896614)
8 A’BECKET GARDENS
WORTHING
VAT number: 225 3252 92
(referred to in the Terms and Conditions as “Thames Medical”, “us” or “we”)

2. Your use of the website

All copyright and other rights in this web site (including text, photographs, other images, sounds, trade marks and logos) are owned by Thames Medical and its licensors. You may:

(a) browse the website (including making transient or cached copies of parts of the website to the extent this occurs in the normal course of using your browser); and
(b) print a copy of any page of the website provided you do not alter or remove any copyright, trade mark or other intellectual property rights notices, for your own lawful, personal, non-commercial purposes provided you do not do any of the things listed below in this section 3.

You must not:

(c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software or services contained within the website (except to the extent expressly permitted under (a) or (b) above);
(d) use the website or any of its content for any commercial purpose, including any advertising or advertising revenue generation activity on another website;
(e) include any links to the website on another website;
(f) use the website or anything available on it for unlawful purposes; or
(g) hack into the website or any related computer system, make excessive traffic demands on the website, use in relation to the website any software robots, spiders, crawlers, or similar data gathering and/or extraction tools, introduce viruses or otherwise engage in any other activity that may reasonably be expected to (i) impose an unreasonable burden or load on our infrastructure; (ii) inhibit other users from using and/or enjoying the website or any other website; or (iii) damage the reputation of Thames Medical.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from (i) any third party claim, action, or demand resulting from your use of the website or from (ii) any breach by you (or by someone else to whom you have disclosed your password) of paragraphs (c) to (g) of this section 3.

We reserve the right to terminate or suspend your right to use the website at any time.

3. Links

The website may contain links to or from other websites. We are not responsible for the content appearing on, products or services available via, or the privacy or other practices used by, other websites.

4. Privacy and personal information

The privacy of your personal information is important to us. We only use personal information about you collected via the website in accordance with our Privacy Policy and by providing personal information on this site you agree to allow us to use it in accordance with that policy. We encourage you to read the privacy policies of other websites you link to from the website, or which you otherwise visit.

In the event that Thames Medical undergoes reorganisation or is sold to another business, you agree that any personal information Thames Medical holds about you may be transferred to the reorganised business or buyer.

5. Password

You may be issued with an individual password when registering (where registration is required) on the website. You must:

(a) use the password only for access to the applicable pages of the website and not for any other purpose;
(b) keep your password confidential at all times, not disclose the password or permit anyone else to use your password (any breach of any of the Terms and Conditions by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under the Terms and Conditions); and
(c) cease to use, and delete from your records, your password upon expiry or termination of your membership for whatever reason.

We reserve the right to change or withdraw your password and user name at any time and you agree to notify us promptly of any changes to your registration details.

6. Liability

The following liabilities are not limited or excluded (and nothing elsewhere in the Terms and Conditions shall be interpreted as so doing):

(a) Thames Medical’s liability for (i) death or personal injury resulting from its negligence; (ii) for fraud; (iii) under section 12 of the Sale of Goods Act 1979; or (iv) for any other liability which may not by applicable law be excluded or limited; and
(b) your statutory rights as a consumer.

Subject to those liabilities not being limited or excluded, Thames Medical shall not be liable (whether in contract, negligence or otherwise and to the fullest extent permitted by applicable law) for any:

(a) loss of business, profits, sales, revenue, bargain, opportunity or goodwill;
(b) indirect, special or consequential loss or damage;
(c) interruption to business;
(d) delays or interruptions in access to or operation of the website;
(e) loss of, loss of use of, or damage or corruption to, any software or data or computer equipment;
(f) loss or damages of any kind incurred as a result of use of any links on the website or third party sites to which those links point;
(g) computer viruses, system failure or malfunctions which may occur in connection with your use of the website;
(h) waste of management or other staff time; or
(i) events beyond our reasonable control.

Use of the website is provided free of charge (other than your normal internet connectivity charges) and you acknowledge that you access the site solely at your own risk on an “as is” and “as available” basis and that:

(a) Thames Medical makes no representations about the materials or information contained on the website;
(b) Thames Medical reserves the right to deny you access to the site;
(c) Thames Medical is not responsible or liable if the site does not work properly, or at all; and
(d) except as expressly set out in these Terms and Conditions, Thames Medical does not enter into conditions, warranties or other terms in relation to the website.

We try to make sure that all information contained on the website is correct, but we cannot and do not accept any liability for any error or omission and will not be liable for any action you may take as a result of relying on any information provided in the website. We may suspend the operation of the website for maintenance or upgrade work from time to time and your access to and use of the website will not be uninterrupted or error free.

7. Purchases of goods on the website

All purchases of goods on the website are governed by the Terms and Conditions of Sale.

8. General and governing law

We may change the Terms and Conditions from time to time and will endeavour to notify you of any major changes by posting a message on the website. However, by accessing the website you are accepting that you are bound by the current version of the Terms and Conditions and therefore you should check these each time you revisit the website.

The Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter covered by them. If any provision is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing any of our rights under the Terms and Conditions without losing them. You agree that we may assign these Terms and Conditions or any of our rights or obligations without giving you notice.

We shall not be liable to any third party in respect of your use of (or inability to use) the website.

The Terms and Conditions shall be governed and interpreted in accordance with English law as if the Terms and Conditions were a contract wholly entered into and wholly performed within England and you consent to the non-exclusive jurisdiction of the English courts.

Terms of Sale

1. General

These Terms and Conditions of Sale apply to any purchases of goods from this website appearing at URL www.thamesmedical.com (referred to as the “website”). Placing an order with us means that you agree to be bound by these Terms and Conditions of Sale and therefore you should read them carefully before ordering. These Terms and Conditions of Sale do not affect your statutory rights.

Purchasing goods on this website (as well as using the website generally) is also governed by the General Terms and Conditions and you are treated as accepting those by using the website. Use of personal information about you collected via the website is governed by our Privacy Policy and by providing personal information on this site you agree to allow us to use it in accordance with that policy. Therefore you should also read the General Terms and Conditions and Privacy Policy carefully.

The General Terms and Conditions, these Terms and Conditions of Sale and the Privacy Policy together form one agreement and references to “Terms and Conditions” mean that agreement, incorporating all three of those documents.

2. Charges and other important information

The supplier of goods to which these terms and conditions apply is:

Thames Medical,
Thames House,
8 A’Becket Gardens,
Worthing,
West Sussex
BN13 2BW

(referred to in the Terms and Conditions as ” Thames Medical “, “us” or “we”)

All prices on the website are exclusive of VAT at the current rates (but exclusive of delivery charges) and are correct at the time of posting. We reserve the right to change prices on the website, or add, withdraw or change the description or specification of, any goods on the website, without prior notice to you.

There is a delivery charge for all goods purchased which will be indicated on the order screen.

3. Order and delivery process

All orders are subject to acceptance and availability of stock. We will confirm your order automatically by email (using the email address you supply to us when you register) when your order is received by us. Your order is an offer to buy from Thames Medical and no contract of sale will exist between Thames Medical and you until we send you the order confirmation by email.

We will contact you by email if the item(s) you have ordered are not available from stock, indicating approximate delivery time to the extent reasonably possible. You will then have the option either to wait for delivery or to cancel your order by contacting us at Thames Medical U.K. Limited, Thames Medical House, 8 A’Becket Gardens, Worthing, West Sussex BN13 2BW and we will provide a full refund. This is without prejudice to any other cancellation or termination rights you may have, including your right of withdrawal (see section 5 below).

The title to goods purchased will only pass following payment by you in full. Goods ordered will be delivered by courier or by post, using Recorded Delivery from the Royal Mail, and will require signature on receipt. Delivery times will be as indicated on the order screen.

4. Payment

All transactions will be processed in Sterling. Unless stated otherwise anywhere on the website, payment can be made by Visa, Master Card, Delta, or Switch debit card. Payment will be debited and cleared from your account before or at the time of the dispatch of your goods. You warrant and confirm that the credit/debit card used is yours and that you are legally entitled to use it to make the purchase.

All credit/debit card holders are subject to validation checks and authorisation by the relevant card issuer. If the issuer of your card refuses to authorise payment to us we will not be liable for any delay or non-delivery.

We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion.

5a. Business Returns and Cancellation Policy

We want you to be happy with goods purchased from Thames Medical. You have a general right to cancel your order from the moment you place it with us until 14 working days after the day on which you receive the goods. This general right does not affect your rights in respect of damaged or faulty goods (see section 7 below). In the unlikely event you wish to cancel an order, you should confirm your cancellation in writing to info@thamesmedical.com and then return the goods to the following address at your own expense:

Thames Medical U.K. Limited, Thames Medical House, 8 A’Becket Gardens, Worthing, West Sussex BN13 2BW

When returning the goods please enclose the original delivery note that came with the goods and give the reason for the return as “Cancellation”. For your own protection we recommend that you use a recorded delivery service.

PLEASE BE ADVISED there will be a restock fee charged of 25% of the value of the invoice.

We DO NOT accept returns on opened goods.

Following your cancellation we will provide a refund for the price you paid for the goods against your original credit/debit card details. We reserve the right to recover from this amount the cost of recovering the goods from you or the cost of you returning the goods to us if they are sent at our expense.

5b. Consumer Returns and Cancellation Policy

We want you to be happy with goods purchased from Thames Medical. You have a general right to cancel your order from the moment you place it with us until 14 working days after the day on which you receive the goods. This general right does not affect your rights in respect of damaged or faulty goods (see section 7 below). In the unlikely event you wish to cancel an order, you should confirm your cancellation in writing to info@thamesmedical.com and then return the goods to the following address at your own expense:

Thames Medical U.K. Limited, Thames Medical House, 8 A’Becket Gardens, Worthing, West Sussex BN13 2BW

When returning the goods please enclose the original delivery note that came with the goods and give the reason for the return as “Cancellation”. For your own protection we recommend that you use a recorded delivery service.

We DO NOT accept returns on opened goods.

Following your cancellation we will provide a refund for the price you paid for the goods against your original credit/debit card details. We reserve the right to recover from this amount the cost of recovering the goods from you or the cost of you returning the goods to us if they are sent at our expense.

 

6. Returns Process

If you are returning your goods because you are unsatisfied with them within 14 days of delivery. You must

  1. Notify us of your wish to return the goods in writing within the first 14 days after delivery.
  2. You are still responsible for the condition of the goods until they have been delivered back to us and therefore you should ship the goods back to us postage paid by insured express post.
  3. You should have returned the goods to us within the following 20 days from the time you notify us of your requirement to return the goods.

We will:
Within 30 days of your notification of your requirement to return your goods, or within 7 days of receipt of your returned goods, we will credit your account with the full purchase price of the goods including all accessories and postage. If a restock fee is taken, we will deduct this from the refund before we credit your account. you paid by cheque then a cheque will be sent to you. Providing:

  1. The goods have been received by us within 20 days or your notification.
  2. The goods are in their original packaging, undamaged and returned with all accessories.
  3.  It has been returned to us postage paid.

If the goods have not been returned within 20 days then we will contact you to arrange for a shipper to collect the goods. The cost of this collection will be deducted at cost from the amount refunded to you.

7. Damaged or faulty goods

Nothing in these Terms and Conditions affects your statutory rights in respect of sale of goods. Please return any damaged or faulty goods with the original packaging to the address set out in section 5 above, giving the reason for the return as “Damaged” or “Faulty”. If goods have been opened, please refer to our decontamination procedures.

Click Here to view our decontamination procedure documentation which must be followed before returning the goods.

8. Complaints procedure

All customer complaints should be submitted in writing by either:

(a) email using the contact form; or
(b) post to Thames Medical Limited, Thames House, 8 A’Becket Gardens, Worthing, West Sussex BN13 2BW.

9. Liability

The following liabilities are not limited or excluded (and nothing elsewhere in the Terms and Conditions shall be interpreted as so doing):

(a) Thames Medical’s liability for (i) death or personal injury resulting from its negligence; (ii) for fraud; (iii) under section 12 of the Sale of Goods Act 1979; or (iv) for any other liability which may not by applicable law be excluded or limited; and
(b) your statutory rights as a consumer.

Subject to those liabilities not being limited or excluded, Thames Medical shall not be liable (whether in contract, negligence or otherwise and to the fullest extent permitted by applicable law) for:

(a) any loss of business, profits, sales, revenue, bargain, opportunity or goodwill;
(b) any indirect, special or consequential loss or damage;
(c) any interruption to business;
(d) any delays or interruptions in access to or operation of the website;
(e) any loss of, loss of use of, or damage or corruption to, any software or data or computer equipment;
(f) any loss or damages of any kind incurred as a result of use of any links on the website or third party sites to which those links point;
(g) any computer viruses, system failure or malfunctions which may occur in connection with your use of the website;
(h) any waste of management or other staff time;
(i) any events beyond our reasonable control; or
(j) in respect of any goods, any sum in excess of the greater of (i) 125% of the total price paid by you for those goods, and (ii) 250.

The General Terms and Conditions also contain general rules and disclaimers about liability in relation to the website.

10. General and governing law

We may change the Terms and Conditions from time to time and will endeavour to notify you of any major changes by posting a message on the website. However, by accessing the website you are accepting that you are bound by the current version of the Terms and Conditions and therefore you should check these each time you revisit the website.

The Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter covered by them. If any provision is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing any of our rights under the Terms and Conditions without losing them. You agree that we may assign these Terms and Conditions or any of our rights or obligations without giving you notice.

The Terms and Conditions shall be governed and interpreted in accordance with English law as if the Terms and Conditions were a contract wholly entered into and wholly performed within England and you consent to the non-exclusive jurisdiction of the English courts.