Code In Practice

 
 
 

Terms and Conditions

Please read this carefully. By submitting an order on this website you are agreeing to the terms that appear below which shall apply to your use of this website along with the Disclaimer and Privacy Policy


1 Definitions

"CODE IN PRACTICE" shall mean CODE IN PRACTICE, Medical Consultant, The Chantry, Ravenstonedale, Kirkby Stephen, Cumbria CA17 4NQ. "website" shall mean the website owned and operated by CODE IN PRACTICE, "goods" shall mean the products appearing on the website, "Customer" shall mean an individual natural person dealing as consumer or a company, firm, sole trader or other organisation purchasing goods from CODE IN PRACTICE in each case for their own use and not for re-sale.

2 Jurisdiction

2.1 All contracts for the sale of goods by CODE IN PRACTICE to the Customer are governed by these Terms and Conditions of Sale. CODE IN PRACTICE reserve the right to amend these Terms and Conditions of Sale at any time although the terms and conditions governing any given contract of sale will be those in effect at the date the Customer's order is sent. When these Terms and Conditions of Sale are changed, CODE IN PRACTICE will post a notice on the homepage of the website. The contract of sale for any goods ordered after CODE IN PRACTICE have published notice of the changes will be governed by those changes.

2.2 All goods are sold subject to the condition that they shall not, by way of trade or otherwise, be lent, re-sold or hired out or otherwise circulated without CODE IN PRACTICE's prior consent, in any form of binding or cover other than that in which they are published and without a similar condition being imposed on the subsequent purchaser.

3 Contract of sale

3.1 The Customer may order goods from this website or by post. CODE IN PRACTICE or their agents shall confirm acceptance of the Customer's order, by e-mail, on transmission of which the contract of sale will be made. Goods will be supplied to the Customer in accordance with the Customer's order and these Terms and Conditions of Sale.

3.2 In the event that the Customer does not have e-mail, CODE IN PRACTICE Distributors may confirm the Customer's order by telephone, by fax or by post as the case may be.

4 Price

4.1 The price of the goods shall be as quoted on the Website on the date the Customer's order is sent to CODE IN PRACTICE subject only to any technical error for which CODE IN PRACTICE shall not be liable.

4.2 VAT (chargeable in the UK) will be levied on all applicable goods and services.

4.3 The price of the goods does not include the cost of postage and packing which shall be charged at CODE IN PRACTICE's Postage and Packing Rates applicable at the date the Customer's order is sent. For goods on which VAT is not chargeable, VAT will not be levied on the cost of postage and packing.

4.4 CODE IN PRACTICE reserve the right to amend the postage and packing rates at any time although the rates applicable to any given contract of sale will be those in effect at the date the Customer's order is sent to CODE IN PRACTICE.

4.5 CODE IN PRACTICE shall not be responsible, and the Customer has sole responsibility, for complying with any legislation or regulation governing the importation of goods into the country of destination and for the payment of any import or other duties or taxes.

5 Methods of payment

5.1 Payment may be made by debit or credit card online. Payment may also be made by cheque drawn on a UK clearing bank in Pounds Sterling made payable to CODE IN PRACTICE sent to the said Customer Services Department. Full details of the Customer Services Department are set out in Clause 15 of these Terms and Conditions of Sale.

5.2 The debit and credit cards accepted by CODE IN PRACTICE are those listed on the Website on the date on which the Customer's order is sent.


6 Delivery

6.1 Products shall be dispatched by CODE IN PRACTICE. Delivery shall be made to the address specified by the Customer on the completed order.

6.2 CODE IN PRACTICE shall endeavor to ensure that the goods are delivered to destinations within the European Union within 30 days of the date the Customer's order is sent but the Customer agrees that delivery after this period shall be accepted.

6.3 In the event of non-availability of the goods, CODE IN PRACTICE Distributors will notify the Customer and CODE IN PRACTICE will credit the Customer the price of the goods in full. In the event of non-availability of part of the goods ordered by the Customer, CODE IN PRACTICE Distributors will notify the Customer and CODE IN PRACTICE will make a corresponding adjustment to the amount payable by the Customer who shall pay for the exact quantity of goods supplied plus postage and packing.

6.4 In the event the goods delivered to the Customer do not include all the goods ordered or include incorrect goods, the Customer shall notify CODE IN PRACTICE Distributors within 7 days of the date of delivery quoting CODE IN PRACTICE's order reference. In the case of delivery of incorrect goods, the Customer shall return the goods to CODE IN PRACTICE Distributors who will replace them with the correct goods, subject to their availability, and CODE IN PRACTICE will credit the Customer, the Customer's cost of postage and packing, and of the goods, if they are not available. In the case of incomplete delivery, CODE IN PRACTICE Distributors will despatch the additional goods subject to their availability or, if unavailable, CODE IN PRACTICE will credit the Customer. In either event, CODE IN PRACTICE's liability shall be limited to the price of the goods not delivered or incorrectly delivered and the Customer's cost of postage and packing in the case of incorrect goods returned by the Customer.

7 Rights of cancellation - European Union

7.1 In relation to goods to be delivered within the European Union, a Customer who is an individual natural person has the right to cancel the contract up to 7 working days after the day following the delivery of the goods by notifying the Customer Services Department at CODE IN PRACTICE Distributors by hand delivered notice, by post, by fax or by e-mail.

7.2 In the event that the goods have already been dispatched at the date of receipt of the Customer's cancellation of the contract the Customer shall return the goods to CODE IN PRACTICE Distributors at the Customer's own cost, in the packaging in which the goods were delivered or equivalent packaging.

7.3 In the event of cancellation of the contract, CODE IN PRACTICE will credit the Customer's credit or debit card with the price of the goods within 30 days beginning with the day on which notice of cancellation was given. Credit shall not be made unless and until the goods have been returned to CODE IN PRACTICE Distributors in a re-saleable condition.

8 Defective goods

8.1 The Customer shall inspect the goods and notify CODE IN PRACTICE Distributors within 7 days of delivery of any manufacturing faults revealed by that inspection.

8.2 Subject to the Customer returning the goods CODE IN PRACTICE Distributors will replace such goods as it agrees to be faulty provided that such replacement can be made from current stock and CODE IN PRACTICE will credit the Customer the cost of returning the goods.

8.3 If replacement cannot be made from stock, CODE IN PRACTICE will refund the price of any faulty goods including postage and packaging. CODE IN PRACTICE will not accept any further claims for loss whether of or in connection with supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.

9 Loss of or damage to goods in transit

9.1 In the event that the goods are not received by the Customer within a reasonable period of CODE IN PRACTICE's acceptance of the Customer's order the Customer shall notify CODE IN PRACTICE Distributors and CODE IN PRACTICE will credit the Customer the price of the goods and postage and packaging. In the event the original goods are subsequently received by the Customer, the Customer shall notify CODE IN PRACTICE Distributors and return the goods to them or authorise payment for them.

9.2 In the event that the goods are damaged in transit, the Customer shall notify CODE IN PRACTICE Distributors within 7 days after the date of delivery and subject to the Customer returning the goods and their receipt by CODE IN PRACTICE Distributors, CODE IN PRACTICE Distributors will despatch replacement goods, if available, or CODE IN PRACTICE will credit the Customer the price of the goods and postage and packing if they are not.

9.3 In either of the events envisaged by Clause 10.1 and 10.2, CODE IN PRACTICE's liability shall be limited to the price of the goods and postage and packing.

10 Risk and ownership

10.1 Risk of damage or loss of the goods shall pass to the Customer on delivery of the goods or, if the Customer fails to take delivery of the goods, at the time when delivery would otherwise have been effected.

10.2 Title in the goods shall pass to the Customer on delivery of the goods.

11 warranty and liability

11.1 CODE IN PRACTICE warrant that the goods will correspond with the Customer's order where stock is available and the goods delivered will be free of defects although CODE IN PRACTICE's liability for breach of these warranties is restricted to the remedies set out in Clauses 7, 9 and 10.

11.2 any warranty, condition express, implied or statutory or any duty of any kind imposed on CODE IN PRACTICE by operation of law is excluded to the fullest extent permitted.

11.3 If, notwithstanding the provisions of Clause 12, liability attaches to CODE IN PRACTICE by operation of law, in no circumstances shall CODE IN PRACTICE's liability to the Customer exceed the total contract price of the goods and postage and packing.

11.4 CODE IN PRACTICE will not be deemed to be in breach of contract or of these Terms and Conditions of Sale as a result of any delay in its performance or failure to perform its obligations if that delay or failure to perform is due to any cause or circumstance beyond CODE IN PRACTICE's reasonable control including, but not limited to, postal or other carrier strikes, fire, flood and other acts of God, riot, accident, civil commotion or war.

12 Disclaimer

CODE IN PRACTICE disclaims all responsibility and liability for the import into any country of any goods which infringe any local legislation of that country.

13 Withdrawal of goods

CODE IN PRACTICE reserve the right to withdraw from sale any goods published or previously supplied by it without prior notice or liability to the Customer.

14 Customer complaints

Any Customer complaints should be addressed to the Customer Services Department at CODE IN PRACTICE,The Chantry, Ravenstonedale, Kirkby Stephen, Cumbria CA17 4NQ. Fax : 01539 62337, Tel : 01539 623371, Email : contact@JoanBarnard.co.uk

15 General

15.1 If any of these terms and conditions of sale is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this shall not effect the validity of the remaining terms and conditions of sale which shall continue to be valid and enforceable to the fullest extent permitted by law.

15.2 The Contract of Sale and these Terms and Conditions of Sale shall be governed by English law and CODE IN PRACTICE and the Customer hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.