In these Terms and Conditions the following meanings shall apply :-
“We”/“Us”/“Our” refers to HYGITECH. “You”/“Your”/”Yourself” refers exclusively to any professional, organisation or company belonging to the UK dental industry (excluding individuals) that buys or agrees to buy goods from HYGITECH. “Goods” shall refer to the goods described for sale in our catalogue, our promotion material or our website which we supply to you in accordance with these terms and conditions. Anybody who contravenes these terms and conditions will be prosecuted.
2.1 These terms and conditions shall apply to and govern all contracts for the sale of goods entered into by us where goods are dispatched by us to you. By placing an order for goods either online, by telephone, by fax, by post or by e-mail you acknowledge and accept all such terms and conditions hereunder. All your expectations or other terms and conditions or warranties whatsoever whether communicated before or after these terms and conditions are excluded from the contract or any variation thereof unless expressly accepted by the us in writing, and your own conditions shall not be regarded as a counter offer.
2.2 We reserve the right to contact external credit reference agencies.
2.3 Our exercise of any right pursuant to these terms and conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
2.4 We will only accept cancellations or modifications after the order has been made under certain circumstances and at our complete discretion.
3.1 We reserve the right to alter or withdraw completely, without notice, products specified in our catalogues, brochures or on our website without an obligation to equally amend previously ordered products or products part of orders currently being processed.
3.2 From the date of receipt of each order, we shall endeavour to deliver goods within the national territory within 72 hours on average. However this is not guaranteed, delivery dates and times specified by us are approximate only. We deliver all of our products directly to you. Unless expressly agreed by us in writing, time for delivery is not and shall be deemed a requisite of the contract. Goods are dispatched according to product availability and in the order in which we receive orders. We cannot be responsible if we have to deliver goods in instalments due to lack of stock owing to difficulties outside our control or unless production of a particular product has ceased. In such case, we will attach a message onto the invoice and subsequent delivery instalments will be made free of charge.
3.3 Delivery delays shall not lead to compensation or interest due to you from us or to the cancellation or retention of orders being processed. However if the goods have not been delivered six months after the indicated delivery date, other than due to acts of God, then the sale can be dissolved by either you or us. You will be able to obtain a refund to your account of the original amount paid to us. We will not pay any compensation or interest.
3.4 Acts of God releasing us of our obligation to deliver goods are as follows: war, rioting, fire, striking, accidents and any other events outside of our control. We will keep you up to date within an appropriate period of time, if such events occur. The delivery can only take place if you are up to date with your obligations to us. Delivery also depends on 3rd party transport suppliers and functionality of companies along our supply chain.
4.1 The price to be paid by you shall be the sum(s) shown by our invoice(s). The price shall be based on the sum quoted to you in our current catalogue, promotional material or on our website. However we reserve the right to amend those prices at any time in our absolute discretion and to correct errors or omissions. Prices are valid in our current publications until a new version is published and this will replace the previous publication.
4.2 The invoice is attached to the delivery and serves as a delivery note. Invoices must be paid in full to us within 10 days of delivery.
4.3 The prices quoted in our catalogue or on our website are in Pounds Sterling. Unless otherwise specifically stated, all prices quoted by us are exclusive of Value Added Tax, which shall be due at the rate in force in France on the date of our invoice to you. We reserve the right to pass on to you without notification: price increases on imported products, significant variations in the currency or raw material and suppliers prices.
4.4 Delivery charges are specified at the time of ordering and also available online or over the phone. Delivery charges will also be stated on the invoice. We reserve the right for orders that require special transportation due to large products or quantities, to change an adjusted delivery date. Duties, fees, taxes and other public charges are to be paid by the costumer.
4.5 If you are in default in paying any sum as and when it becomes due, we shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any goods remain to be delivered there under. Additionally, payment for all goods supplied to you shall become immediately due and owing, whether previously invoiced or not.
4.6 In the event that you fail to pay any monies by the due date, we shall be entitled to charge interest on the outstanding monies from the due date to the actual date of payment. The rate of interest shall be that of three times the current Bank of England base rate per month or part month. You shall also indemnify us against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by us in respect of dishonoured payments will be payable by you.
5.1 The transfer of risk of damage to the goods shall take place at the moment when the goods are dispatched from our depot. Risk is then carried over to you. It is then your responsibility to report any problems with the goods to the transport company.
5.2 Title in the goods or any part thereof shall only pass to you when payment in full for all goods whatsoever supplied and all services rendered at any time by us has been made.
5.3 You shall be responsible for ensuring that all statutory government regulations, local authority regulations, operating instructions and safety precautions are complied with in relation to goods supplied by us.
5.4 You are in charge of receiving the order from the delivery company, to verify the number of parcels is correct as well as to ensure that there is no damage to the goods. Claims relating to the damage of goods, receipt of incorrect goods or problems with the freight note, you must first notify us by telephone, then notify the transport company by letter sent recorded with notification of delivery or by extrajudicial act within 3 days of receipt of goods.
5.5 It is your responsibility to provide proof of the damage to the goods or irregularity of the order. It must be made possible for us to carry out observations of the damages and to offer a solution. If this is the case, you must notify us in writing and ensure the delivery company are aware of the damage. This must all be done within 3 days of receipt of the goods. The buyer will refrain from involving themselves or a third party in order to carry this out.
5.6 We are not responsible for direct or indirect consequences linked to the use of our products.
5.7 You must allow us to verify that your reason to return the goods is valid and allow us to offer a solution to you before offering a refund.
5.8 Our “Satisfied or money back guarantee” offer only applies under the following conditions.
- Filled out return form (on our website: www.hygitech.co.uk)
- Photocopy of original invoice
6.1 We shall not in any event be liable for indirect or consequential loss or damage, being loss or damage which does not directly or naturally flow from the supply of goods or materials. This includes without limitation loss of profits or contracts, supplementary overhead costs, collateral damage arising out of the supply of goods or services by us (other than liability for death or personal injury resulting from negligence of the company). This also includes losses arising from breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.
6.2 In all other cases of direct and natural loss or damage, it is specifically provided and agreed that the compensation and damages payable, shall not under any circumstances amount in aggregate to more than the contract price or the goods and/or services forming the subject of the claim(s). This applies to any claim or claims arising out of the contract between the parties.
6.3 No liability for such direct losses shall attach to the company unless details of such losses are notified to us in writing with 7 days of the date of delivery of the goods, or the date of the event giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged shortages or breakages, claims must be notified to us within 7 days of despatch of the goods by us. Alleged non-delivery of goods must be notified to us in writing within 7 days of receipt of either the invoice for the goods or a statement of account, whichever is sooner.
6.4 We cannot be held responsible for typographical errors which may appear in our catalogues, promotional material, on our website and in all communications with dental practices. Images in our catalogues, promotional material, or on our website have no contractual value.
6.5 To comply with French law (art. 34 de la loi Informatiques et Liberté du 6 janv. 1978), you have access to, may modify, correct or remove details that we hold of you.
6.6 For the avoidance of any doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement. .
7.1 Goods object of the present contract are sold with a subordinate clause stating the transfer of property from us to you is to take place upon full payment of the entire order including fees.
7.2 From the delivery of goods the following arrangement does not prevent the transfer to you the risk of loss and damage to the goods under the transfer of property. You must take out insurance covering risks linked to the delivery of goods. If you have not paid in full or you have become bankrupt, you should separate the delivered goods and not mix them with other goods of the same type from other suppliers. If you don’t separate the goods we can ask you to refund us the payment or take your goods in stock. Under intervention of a bailiff or any third party concerning the delivered goods, the buyer must inform us without delay to allow us to oppose and preserve our rights. In these circumstances, the buyer may not exchange our goods as a financial guaranty.
7.3 Our head office is the following, HYGITECH LTD Lincoln House 300 High Holborn LONDON WC1V7JH. In any doubt, all contracts are governed under French law.