Terms & Conditions
These terms and conditions apply to all purchases from the Company including purchases via this website.
1. Definitions
1.1 "Company" or "We" means Procter Health Care Ltd (Company Registered in England Number 254256) having its Registered Office at Procter Health Care Ltd 8-9 Station Parade Eastbourne East Sussex BN21 1BE. VAT No. GB 190660167.
1.2 "Customer" or "You" means the person, persons or company entering into a Contract with the Company for the provision of its Products and Services. By entering into a Contract with the Company you are confirming that you are legally able to do so. If you are entering into a Contract on behalf of a business or company you are confirming that you have the authority to do so. You also confirm you are aged 16 or over.
1.3 "Services" means all or any of the services provided by the Company.
1.4 "Products" means all or any of the standard ‘off the shelf’ unaltered products provided by the Company.
1.5 "Contract" means provision of Products and Services offered by the Company, usually via its website www.procterhealthcare.co.uk. The Contract is accepted once these Terms of Business are accepted, payment is made, or when an invoice has been raised and the Products have been dispatched or when the production of Services has commenced.
2. Products
2.1 The Products the Company agrees to provide are listed on the Company website.
2.2 The Company takes all reasonable care in representing and describing its Products as accurately as possible via its website in colour, appearance, texture and finish. However, due to the nature of purchasing Products via the internet, the Customer accepts that there may be variances between what is seen on an electronic device screen and the actual Products received.
3. Services
The Services the Company agrees to provide:
3.1 The Company takes all reasonable care in representing and describing its Products and Services via its website. However, due to the nature of purchasing Products and Services via the internet, the Customer accepts that there may be variances between what is seen on an electronic device screen and the actual Products received.
4. Price and Payment
4.1 The price the Company will charge for providing its Products and Services will be clearly displayed on its website, or otherwise advised, for consideration.
4.1.1 The price displayed on the Procter Health Care website includes VAT. The delivery cost will be shown at ‘checkout’ and on the invoice provided by the Company.
4.1.2 For the avoidance of doubt the price charged does not include any other duty and/or import cost that may be payable at the Customer’s delivery destination and payment of this is the sole responsibility of the Customer should it apply.
4.2 The price for providing its Products and Services can be changed at any time without notice by the Company. However, once payment for the Product or Services provided by the Company has been received the Company cannot and will not subsequently change the price.
4.3 The Company requires payment for its Products or Services immediately before agreeing to provide its Products and Services.
4.4 Payment should be made by the Customer via the Company's website through a third party secure payment portal administered by Barclaycard or PayPal.
4.5 No Products will be provided nor the production of any Services commenced by the Company until it has received cleared payment.
4.6 The Company will honour the price and provide the Products and Services offered at a special or promotional price on its website but reserves the right to withdraw any offer without notice or immediately stocks are exhausted.
4.7 Should the Company have mis-priced any Product or Service by mistake, it shall not be obliged to supply. The Company will contact the Customer to advise of the error and follow the instructions of the Customer to either supply at the correct price or fully refund the Customer.
5. Customer Obligations
The Customer shall:
5.1 Immediately, and prior to ‘checkout’, review and check the order. Dispatch is normally the next working day so there will be no opportunity to amend the order. The Company will not be responsible for any errors.
5.3 Promptly respond to any contact made by the Company in relation to any Contract.
5.4 Be available to take delivery of the Products and Services provided by the Company. An additional delivery charge may become payable by the Customer if the Products and Services cannot be delivered and redelivery is necessary.
5.6 Be aged 16 or over.
6. Shipping
6.1 The Company will ship the ordered Products and Services to the delivery address provided by the Customer.
6.2.1 Procter Health Care Ltd standard shipping method is via Royal Mail or courier.
6.2.2 The Company may at its discretion upgrade the delivery service to a tracked courier service requiring a signature to confirm receipt. You should be aware of this possibility and the requirement for someone be available at the address to receive the delivery when advising a delivery address.
6.3 Should delivery fail and the consignment be returned to the Company, the Company will endeavour to contact the Customer and arrange another attempt at delivery. The customer will be responsible for the cost of this second delivery and will be required to pay before the consignment is re-shipped.
6.4 The Company relies on a third party courier to deliver its Products and Services and an estimated delivery time is advised when placing orders. However, unless a special service is selected, no guarantee is offered and the Company shall not be liable for any delay in delivery by the courier which is beyond its direct control.
6.5 All shipping costs are provided by the Company for the provision of its Products and Services prior to payment and are, therefore, accepted by the Customer.
6.6 The Company will make every effort to provide its Products and Services in one delivery using the shipping method chosen by the Customer. However, there may be occasion where this is not possible. If this is the case the Company will contact the Customer to explain the reason for a split delivery.
6.7 Ownership of the Products and Services provided by the Company is immediately transferred to the Customer once the Customer has paid and the Company ships the Products and Services to the Customer.
6.8 Any claim for undelivered or damaged Products or Services must be made within 21 days of placing an order for deliveries within the UK. Any claims made beyond this timescale will not be considered.
7. Cancellation and Returns
7.1 The Company may cancel a Contract at any time where it believes the Customer intends to use its Products and Services illegally.
7.2 Where the Customer fails to meet any of the Customer Obligations set out in section 5 above, the Company may cancel a Contract and reserves the right to retain any payment made by the Customer.
7.3 Where the Company cancels a Contract under 7.1 or 7.2, it will inform the Customer in writing.
7.4 In accordance with the Consumer Contracts Regulations 2014 the Customer shall have the right to terminate the Contract within 14 days of receiving the Products from the Company. The Products must be returned to the Company in the same condition as they were provided by the Company. The Customer is responsible for returning the Products to the Company at the address noted in 12 below and any expense incurred. We recommend that proof of postage is obtained when returning Products to the Company. Once the Products are received by the Company and checked to ensure they are not damaged in any way a full immediate refund will be made to the Customer, less initial shipping costs incurred by the Company.
7.5 Should the Company be unable to fulfil a Product or Service, the Company will contact the Customer without delay and offer an alternative or full refund.
8. Limit of Liability
8.1 The Company shall not be liable for any loss resulting from failures or delays outside its control including but not limited to shipping delays, postal strikes or shipping delivery issues.
8.2 In any event, the Company shall not be liable to the Customer for any sum exceeding the total cost of the Products and Services, including VAT and shipping charges.
9. Law and Jurisdiction
9.1 The law applicable to this Contract shall be English Law and the Customer consents to the jurisdiction of the English courts in all matters affecting the Contract.
10. Data Protection
10.1 The Company will collect and hold personal information about the Customer in order to provide its Products and Services. The Company will do so in accordance with its Privacy Policy (available to review on the Company’s website) and in accordance with the General Data Protection Regulation (EU Regulation 2016/679) (“GDPR”).
10.2 The Customer is required to agree to the Company’s Privacy Notice when entering a Contract with the Company.
10.3 The Company is not authorised to hold personal data on individuals aged 13 or under. The Company’s policy is therefore to not supply any individual aged under 16. By ordering and agreeing to these Terms and Conditions, the Customer confirms they are aged 16 or over and are aware personal data will be held under the GDPR.
11. Force Majeure
11.1 The Company shall not be liable for any delay or failure to provide any or all of its Products and Services as a result of any factor beyond its reasonable control.
12. Complaints
12.1 All complaints about the Company should be sent to: Procter Health Care Ltd, 8-9 Station Parade Eastbourne BN21 1BE. Telephone 01323 431998
12.2 The Company will acknowledge the complaint within 14 working days and will thoroughly investigate the matter. A written response will be sent within 21 working days of receipt of the complaint.
