This Website is owned and operated by Medi. If you have any queries please contact us.
Telephone: 01341 421755
Email: post@medi-gifts.com
Write to:
Medi
2-3 Heol y Bont
Dolgellau
Gwynedd
LL40 1AU
1. CONTRACT TERMS AND CONDITIONS
In these Terms and Conditions (unless the context specifically requires otherwise) the following words have the following meanings:
“Medi” means Medi Gifts whose registered address is 2-3 Bridge Street, Dolgellau, Gwynedd LL40 1AU;
“Contract” means the agreement between Medi and the Purchaser for the purchase of the Items and incorporating these Terms and Conditions;
“Items” means the items to be supplied or procured by Medi and purchased by the Purchaser on the terms of the Contract, as detailed in the Order or on the Website;
“Intellectual Property” means any and all trade marks, registered or unregistered design rights, UK or foreign patents, copyright, confidential information, trade or business names, database rights, know how, technology and other intellectual property rights (and any applications for the same) whether registerable or not in any country;
“Order” means the purchase order containing details relating to the Items;
“the Purchaser” means the person, firm, company or other organisation purchasing the Items from Medi; and
“Website” means any website operated by Medi from time to time for the sale of Items.
2. BASIS OF THE CONTRACT
2.1 These Terms and Conditions shall be incorporated in all Contracts of Medi to sell the Items and are the sole conditions upon which Medi will deal with the Purchaser. All other terms, conditions or other representations are excluded from the Contract, including any terms and conditions which the Purchaser may purport to apply under any Contract and these Terms and Conditions shall prevail and shall govern the Contract to the entire exclusion of any express or implied terms (to the extent permitted by law).
2.2 By ordering Items using the Website, the Purchaser agrees to be bound by these Terms and Conditions.
2.3 These Terms and Conditions do not affect the Purchaser’s statutory rights.
2.4 No statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents, representatives or employees of Medi shall be construed to vary in any way any of the terms and conditions under the Contract.
2.5 All illustrations contained on the Website are for illustrative purposes only and are intended merely to give a general description and/or overview of the Items described therein and shall not form part of the Contract.
2.6 Any written quotation, estimate and/or advertised price for the Items shall be an invitation to treat and no binding contract shall be created by placing an Order on the Website or otherwise.
2.7 All Orders placed by the Purchaser via the Website or otherwise constitutes an offer to purchase the Items. Such an offer shall not be deemed to be accepted by Medi until it has sent the Purchaser a confirmation of despatch. Any acknowledgement of the Order sent by Medi to the Purchaser whether verbally or in writing shall not constitute an acceptance of the Purchaser’s offer.
2.8 The Contract will relate only to those Items whose despatch has been confirmed by Medi in their confirmation of despatch. Medi will not be obliged to supply any other Items which may have been part of the Order until the despatch of such Items has been confirmed in a separate confirmation of despatch.
2.9 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
2.10 Medi has an absolute right to vary these Terms and Conditions from time to time and at its sole discretion for any reason whatsoever including but without limitation changes in market conditions; changes in technology; changes in payment methods; changes in relevant laws or regulatory requirements and changes in its system capabilities.
3. CUSTOMER STATUS
By placing an order through our site, the Purchase warrants that he/she is:
3.1 legally capable of entering into binding contracts; and
3.2 at least 18 years old.
4. ACCURACY OF CONTENT
While Medi aims to ensure that descriptions, photographic reproductions and Item specifications on the Website are correct, there may be slight variations due to the photographic and reproduction process, the internet software or computer system used and the handcrafted nature of some Items. Medi shall not be liable in any way for any such variation or the consequences thereof.
5. DELIVERY
5.1 Any time or date given for delivery of the Items whether specified in the Order or otherwise given by Medi shall be taken as an estimate made by Medi in good faith but shall not be binding upon Medi as a term of the Contract or otherwise.
5.2 Time of delivery is not of the essence for the purposes of the Contract and Medi will not be liable for any loss or damage sustained by the Purchaser in consequence of any failure to deliver within such time or by such date or in consequence of the delay howsoever caused.
5.3 Medi will not be liable for delays in the delivery caused by their distributors or any other third party.
5.4 Risk in the Items shall pass to the Purchaser at the time of despatch to the Purchaser and the Purchaser shall insure the Items against loss and damage by fire and all other insurable risks from that time until the price thereof has been paid in full and cleared funds. The Purchaser shall hold on trust for Medi any insurance monies received as a result of such loss or damage.
5.5 Where Items are delivered by instalments under the Contract each installment shall be deemed to be sold under a separate Contract and any failure on the part of Medi for the delivery of a particular installment or any defects in workmanship or materials affecting any particular installment shall not entitle the Purchaser to repudiate the Contract with regard to any installments remaining deliverable or to refuse or withhold payment for any Items delivered.
5.6 The Purchaser agrees that section 32(3) of the Sale of Items Goods 1979 shall not apply to Items sent by Medi.
6. NOTICE OF NON-DELIVERY, SHORTAGE OR DAMAGED GOODS
6.1 The Purchaser shall notify Medi of any shortage of or damage to Items delivered within 24 hours of delivery or collection and such notification shall be confirmed in writing by the Purchaser within 7 days of delivery.
6.2 No responsibility whatsoever for such shortages or damages will be accepted by Medi in the event of failure by the Purchaser to notify Medi of the same within the said period.
6.3 If the personalisation of an Item is incorrect due to Medi’s error, or if an Item is faulty on delivery, Medi will offer a full refund or replace the Item at its sole cost.
7. PASSING OF TITLE
7.1 Ownership of the Items shall remain solely with Medi until such time as the Purchaser has paid to Medi the agreed price in full and cleared funds for all the Items under the Contract and any other contract between the parties.
7.2 The Purchaser acknowledges that the Purchaser is in possession of the Items solely as a bailee of Medi until such time as the full price thereof is paid in full and cleared funds to Medi under Clause 7.1 above.
8. PRICE
8.1 All prices quoted are inclusive of VAT and unless specifically stated are based upon costs current at the date of quotation.
8.2 The Purchaser is responsible for the payment of all costs relating to the delivery, packaging and other applicable taxes and levies in relation to the Items.
8.3 The price of Items may be subject to variation to take account of variations in labour, materials or other costs since the date of Medi’s quotation or (if no quotation is issued) the Purchaser’s Order. Medi accordingly reserves the right to adjust the invoice price payable by the amount of an increase or decrease in such costs after the price is quoted and the invoice so adjusted shall be payable as if it were the original Contract price.
9. PAYMENT
9.1 All prices on the Website are quoted in pounds sterling (£). The price of any Item will be as quoted on the Website from time to time, except in cases of manifest error.
9.2 The Website contains a large number of Items and it is always possible that, despite Medi’s best efforts, some Items listed on the Website may be incorrectly priced. Medi will normally verify the price as part of its despatch procedures so that, where an Item’s correct price is less than the price stated on the Website, the Purchaser will be charged the lower of these two prices. If an Item’s correct price is higher than the price quoted on the Website, Medi will, at its sole discretion, either contact the Purchaser for instructions before despatching the incorrectly priced Item or reject the Order in respect of the Item and notify the Purchaser accordingly.
9.3 Medi accepts payment via Visa, MasterCard, Maestro/Solo, Visa Debit/Electron or PayPal.
9.4 If the Purchaser is shopping from outside the UK, the Purchaser`s credit card company will convert the transaction to the Purchaser`s own local currency. Payment of any additional charges levied as a result of such currency conversions shall be the Purchaser’s sole responsibility. Any customs or import duties levied once the Item reaches the Purchaser`s destination country will be the Purchaser’s responsibility as Medi has no control over these charges and cannot predict them.
9.5 The Purchaser’s credit/debit card will be authorised as soon as is reasonably practicable after the Purchaser’s Order is placed and processed but the Purchaser will not be charged for the value of the Items until they are despatched.
9.6 Prices and availability of Items are subject to change without notice but changes will not affect orders in respect of which Medi has sent a confirmation of despatch. A postage and packing charge will be added to the Order where relevant and as quoted on the Website.
9.7 A confirmation email will be sent when an Order is placed.
9.8 If the Purchaser fails to make any payments when due Medi may at its option and without prejudice to any other rights or remedies which it may have under the contract:
9.8.1 suspend any further deliveries until payment is made; and/or
9.8.2 repudiate the Contract;
and Medi shall be entitled to charge interest (both before and after judgment) on the outstanding balance of all overdue accounts from the date of the invoice until the time of payment calculated on a daily basis at a rate of 4% above the base rate from time to time of Natwest Bank Plc.
9.9 Time for payment is of the essence for the purposes of the Contract.
9.10 The Purchaser shall not be entitled to withhold payment of any amount payable under the Contract (or any other contract between the parties) because of a disputed claim of the Purchaser in respect of faulty Items or any other breach of contract, nor shall the Purchaser be entitled to set-off against any amount payable under the Contract (or any other contract between the parties) to Medi any monies which are or are purported to be payable by Medi.
10. SUPPLY OF GOODS AND CANCELLATION OF ORDERS
10.1 The Purchaser may cancel an Order for any reason providing the Items have not been despatched. If the Items have been despatched, the procedure set out in Clause 11 below will apply.
10.2 For personalised items the Purchaser may amend or cancel an Order within 36 hours after the acknowledgement of such Order has been sent. Medi reserves the right to charge 100% of the cost of any personalised Item should cancellation occur after 36 hours. To cancel an order, please contact Medi via the Contact Us page or phone Medi on 01341 421755 between 10:00 am-5:00 pm, Monday to Friday.
11. RETURNS
11.1 If the Purchaser is contracting as a Consumer (as defined in the Consumer Protection (Distance Selling) Regulations 2000), the Purchaser may cancel the Contract and return the Items within fourteen working days, beginning on the day after delivery of the Products. In this case, the Purchaser will receive a full refund of the price paid for the Items in accordance with our refunds policy. The provisions of the Consumer Protection (Distance Selling) Regulations 2000 do not apply to personalised goods and Medi will not offer refunds on such Items (unless such Items are faulty).
11.2 Cancelled Orders must be returned to Medi immediately, in the same condition in which they were received by the Purchaser and at the Purchaser’s own cost and risk. The Purchaser has a legal obligation to take reasonable care of the Items whilst they are in his/her possession.
11.3 All returned Items must be un-used and sent back in their original packaging.
11.4 When the Purchaser returns an Item to Medi:
11.4.1 because the Purchaser has cancelled the Contract in accordance with Clause 11.1 above, Medi will process the refund due to the Purchaser as soon as is reasonably possible and in any event within 30 days of the Purchaser giving notice of the cancellation. In these circumstances, Medi will refund the price of the Item in full. However, the Purchaser will be responsible for the cost of returning the Item to Medi.
11.4.2 If the reason for the returning of the Item is that the Purchaser believes the Item to be defective, Medi will carry out such tests as are reasonably necessary to test the functionality of the Item. If, having conducted such tests, Medi comes to the reasonable conclusion that the Item is of a satisfactory quality within the meaning of the Sale of Goods Act 1979 as amended, Medi shall be under no obligation to offer any refund and may at its sole discretion elect to either:
11.4.2.1 offer a partial or full refund as Medi deems fit;
11.4.2.2 send the original Item back to the Purchaser at the Purchaser’s expense; or
11.4.2.3 carry out such reasonable alternative action as Medi deems fit.
11.5 When returning Items, it is the Purchaser’s responsibility to arrange and pay for the return of the Items to Medi. The Purchaser should ensure that all parcels are sealed and well protected and that the Purchaser has completed and enclosed the return form.
11.6 Medi strongly recommends that the Purchaser obtains proof of posting of any returned Items as Medi cannot accept responsibility for returned Items that are lost or damaged in transit.
11.7 Postage and packing costs incurred by the Purchaser in connection with returned Items are not refundable unless the goods are faulty or incorrect.
11.8 For reasons of hygiene Medi is unable to refund or exchange pierced earrings.
12. SALES VIA WEBSITE
12.1 No permission to copy, reproduce, modify or download the Website or any part of such site is given and in particular nothing on such sites may be reproduced for use in any publication, or distributed for any purpose without the prior written consent of Medi.
12.2 Any information found on the Website is intended for guidance only and the items and prices described in it are subject to change without notice. No representation or warranty is given as to the completeness or accuracy of any information on the Website or that such information is current.
12.3 Where the Website is linked to any site operated by any third party, Medi accepts no responsibility or liability in respect of any produce, service, material or information on such site. The presence of such sites shall not be deemed to be a commendation or endorsement of such site by Medi.
12.4 Medi will not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of access to, use of, or browsing of the Website or the downloading of any material data, text or image.
12.5 Medi will not be liable for any damage, loss, costs, or expenses suffered by the Purchaser as a result of any downtime (being the period during which the Website is unavailable for use by the Purchase for any reason whatsoever) of the Website.
13. INTELLECTUAL PROPERTY
13.1 All Intellectual Property rights contained in materials or information on the Website are reserved to the ownership of Medi or the registered proprietor of such Intellectual Property.
13.2 The supply of Items under the Contract shall not confer any rights upon the Purchaser to use any of Medi’s Intellectual Property without the prior written consent of Medi and at all times such Intellectual Property shall remain the property of Medi. The supply of Items under the Contract shall not imply any right to the Purchaser to use any Intellectual Property which Medi may have or any indemnity against infringement of the Intellectual Property rights of third parties by Medi.
14. LIABILITY
14.1 In no circumstances will Medi or its employees, agents or sub contractors be liable for any loss or damage of any kind whatsoever (other than death or personal injury resulting from Medi’s negligence) whether direct or indirect (including, but not limited to loss of profits, loss of business, depletion of goodwill or otherwise) caused directly or indirectly by any negligence or other tortious act or omission or breach of statutory duty on the part of Medi or on the part of any of its employees, agents or sub contractors in connection with or arising out of the Contract or in connection with any statement given or made (or advice not given or made) by or on behalf of Medi (other than a representation made fraudulently). This clause is entered into by Medi as trustee for its employees, agents and sub contractors.
14.2 Medi hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Purchaser.
14.3 The Purchaser shall indemnify and keep Medi indemnified against any loss, costs, expenses, claims, demands (or in any other manner whatsoever) suffered by Medi in connection with any act or default on the part of the Purchaser in relation to the Contract.
14.4 Medi makes no representation or warranty that the use of the Items does not infringe the rights of any third party and Medi accepts no liability in this respect.
15. DEFAULT OR INSOLVENCY OF PURCHASER
In the event that:
15.1 the Purchaser is in breach of any of its obligations under the Contract; or
15.2 any distress or execution is levied on the Purchaser’s property or assets; or
15.3 if the Purchaser (being an individual or partnership) makes or offers to make any voluntary arrangement or composition with its creditors or become bankrupt or if any bankruptcy petition be presented against him; or
15.4 if the Purchaser (being a company) has an administrative receiver or administrator appointed or makes a voluntary arrangement with its creditors or commences to be wound up; or
15.5 otherwise if the Purchaser fails to pay its debts as and when they fall due Medi at its sole discretion and without prejudice to any other right or claim may immediately terminate, wholly or in part, the Contract.
16. AVAILABILITY OF THE WEBSITE
16.1 Although Medi aims to offer you the best service possible, Medi cannot guarantee that the Website will be fault free. If a fault occurs in the Website the Purchaser should report it to the Customer Services (see above for contact details) or by email at post@medi-gifts.com and Medi will attempt to correct the fault as soon as Medi reasonably can.
16.2 The Purchaser’s access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Medi will attempt to restore the Website as soon as it reasonably can.
17. INTERNATIONAL USE
If the Purchaser accesses the Website from locations outside the United Kingdom, the Purchaser will be responsible for compliance with local laws.
18. FORCE MAJEURE
18.1 Medi shall be entitled to delay or cancel delivery or to reduce the amount of the Items delivered if it is prevented from, hindered or delayed in supplying, obtaining or delivering the Items through any circumstances beyond its reasonable control, including but not limited to, strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of labour and raw materials from normal source of supply and Medi shall not be responsible to the Purchaser for any resulting loss or damage suffered by the Purchaser.
18.2 If the performance of the Contract by Medi shall be prevented by any circumstances of force majeure, Medi shall have the right to be discharged from further performance of and liability under the Contract. If Medi exercises such right, the Purchaser shall pay the Contract price less a reasonable allowance for such part of the Contract that has not been performed by Medi.
19. VARIATION
All variations or modifications to the Contract will only be binding if recorded in writing and signed by Medi and the Purchaser.
20. WAIVER
The waiver by Medi of any right or the failure by Medi to exercise any right or to insist on the strict performance of any provision of the Contract shall not operate as a waiver of, or preclude any further exercise or enforcement of any other right or provision of the Contract.
21. SEVERABILITY
Each provision of the Contract is severable and distinct from the others. The parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law. If in any particular case any of these Terms and Conditions shall be held to be invalid or shall not apply to the Contract, the other terms and conditions herein shall continue in full force and effect.
22. THIRD PARTY RIGHTS
A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
23. NOTICES
23.1 Any demand, notice or other communication given or made under or in connection with the Contract will be in writing.
23.2 Any such demand, notice or other communication will, if given or made in accordance with this clause 23 be deemed to have been duly given or made as follows:
23.2.1 if sent by prepaid first class post, on the second Business Day after the day of posting; or
23.2.2 if delivered by hand, upon delivery at the address provided for in the Contract; or
23.2.3 if delivered by facsimile, at the time of receipt in the recipient’s facsimile machine, provided however that, if its is delivered by hand on a day which is not a Business Day or after 4pm on a Business Day, it will instead be deemed to have been given or made at 9am on the next Business Day.
23.3 Any such demand, notice or other communication will, in the case of service by post or delivery by hand be addressed (subject as provided in this clause 23) to the recipient at the recipient’s address stated in the Contract or at such other address as may from time to time be notified in writing by the recipient to the other parties as being the recipient’s address for service.
23.4 Any such demand, notice or other communication will, in the case of service by facsimile, be sent to the recipient using a facsimile number at an address which (in accordance with such provisions) could have been used for service by post.
24. ENTIRE AGREEMENT
The Contract contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. The Purchaser acknowledges that in entering into the Contract, it does not do so on the basis of and does not rely on, any representation, warranty or other provision except as expressly provided in the Contract.
25. GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any Contract shall in all respects be governed or construed in accordance with laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.
