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Terms and Conditions | Pressure Care Matters

Welcome to the Pressure Care Matters website terms and conditions of use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.

Before you place an order, if you have any questions relating to these terms and conditions please click here to email our customer services team or call on 01162 876 104 (Monday - Saturday 9am-5pm).

Definitions
 »  "Conditions" means these terms and conditions and the Special Conditions
 »  "Product" means a product displayed for sale on the Website
 »  "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided
 »  "Special Conditions" means the terms and conditions in the Product Description
 »  "Users" means the users of the Website collectively
 »  "Personal Information" means the details provided by you on registration
 »  "We" or "Us" means Pressure Care Matters (being a registered trade mark of Pressure Care Matters Limited)
 »  "Website" means the website located at www.pressurecarematters.com
 »  "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer
 »  "You" means a user of this Website

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Use of the Website

Access - You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration - You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate,current and complete in all respects

You will notify us immediately of any changes to the Personal Information by emailing Customer Service or calling 01162 876 104 (Monday - Saturday 9am-5pm)
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

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Privacy policy

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep this information on a secure server.

When you shop on this Website, we will ask you to input and we will collect Personal Information from you such as your name, email address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from and your IP address), your browser type, the pages of our Website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Website ("User Information"). We may collect this information even if you do not register with us.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with our Privacy Promise and is stored on a secure server. We use your information only for the following purposes:

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Processing your orders

For statistical purposes to improve this Website and its services to you
 »  To serve Website content and advertisements to you
 »  To provide information on new products, promotions and special offers
 »  To administer this Website

You agree that you do not object to us contacting you for any of the above purposes by e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Your Personal Information may be disclosed to reputable third parties who will help process your order. Care Essenitals requires all such third parties to treat your personal information as completely confidential. We will not release your Personal Information to any other company for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.

We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website.

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Indemnity
You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

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Our rights
We reserve the right to:

 »  Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website
 »  Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed.

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Third party links
To provide increased value to our Users, we may provide links to other Websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked Website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

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Purchase of products

Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting
The technical steps required to create the contract between You and Us are as follows: You place the order for your products on the website by pressing the Confirm Order button at the end of the check out process. You will be guided through the process of placing an order by a series of simple instructions on the website
 »  We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Pressure Care Matters
 »  As your product is shipped from our warehouse we will send you a despatch confirmation email
 »  Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions on how to cancel your order

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Non-acceptance

Non-acceptance of an order may be a result of one of the following:

 »  The product you ordered being unavailable from stock
 »  Our inability to obtain authorisation for your payment
 »  The identification of a pricing or product description error
 »  You not meeting the eligibility to order criteria set out in the main Terms & Conditions

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Contract cancellation

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than seven working days after the day on which you receive the Products.

If you wish to exercise your right to cancel this contract prior to order despatch, please follow the procedures set out in Order Changes or Cancellations. If your order has already been despatched please follow the procedure set out in our Returns policy.

Please note that your right to return Products does NOT apply to Products which fall into the following categories:

 »  Goods made to your specification (for example high back seats, riser recliner armchairs and other furniture items)
 »  Mattresses, toppers and pillows
 »  Incontinence products
 »  Urinals, commodes and bed pans

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Description of products

Each Product purchased is sold subject to its Product Description which sets out any additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

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Payment

Prices are shown exclusive and inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered plus delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified in the New Customers section of this Website.
You confirm that the credit or debit card that is being used is yours.

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

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Refusal of transaction

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:

 »  Register by providing your real name, phone number, e-mail address, payment details and other requested information
 »  Be over 18 years of age
 »  Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses will not be accepted
 »  Possess a valid credit or debit card issued by a bank acceptable to us

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

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General

Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.

This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

 »  Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
 »  Any loss of goodwill or reputation; or
 »  Any special or indirect losses,

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement
You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.

Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Pressure Care Matters Ltd. The registered office address is: Brynford House, 21 Brynford St, Holywell, Flintshire, CH8 7RD.


Company registration number: 7820805

DISTANCE SELLING - Returns and Refunds

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security

14.(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

(2) The reference in paragraph (1) to any sum paid on behalf of the consumer includes any sum paid by a creditor who is not the same person as the supplier under a personal credit agreement with the consumer.

(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

(4) Where any security has been provided in relation to the contract, the security (so far as it is so provided) shall, on cancellation under regulation 10, be treated as never having had effect and any property lodged with the supplier solely for the purposes of the security as so provided shall be returned by him forthwith.

(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

(6) Paragraph (5) shall not apply where?

(a)the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment, or

(b)the term requiring the consumer to return any goods supplied if he cancels the contract is an ?unfair term? within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999(1).

(7) Paragraph (5) shall not apply to the cost of recovering any goods which were supplied as substitutes for the goods ordered by the consumer.

(8) For the purposes of these Regulations, a personal credit agreement is an agreement between the consumer and any other person by which the creditor provides the consumer with credit of any amount.