Our full Terms and Conditions are detailed below. For any queries related to these terms and conditions please contact us.
Website Terms and Conditions
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE (WWW.HYGENOL.CO.UK) (THE "WEBSITE"), YOUR ACCESS TO, AND UNDERTAKING AND PURCHASE OF OUR GOODS AND SERVICES AND YOUR RELATIONSHIP WITH HYGENOL CLEANING SUPPLIES LTD ("WE" "US" or “OUR). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY TO YOU AND AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW. YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 5 AND 8.
1. DEFINITIONS & INTERPRETATION
1.1 In these conditions, the following definitions shall apply:
1.1.1 Company means Hygenol Cleaning Supplies Ltd Limited, a limited company incorporated and registered in England and Wales whose registered office address is at Chester House, Lloyd Drive, Cheshire Oaks Business Park, Ellesmere Port, Cheshire,CH65 9HQ. Registered VAT No 793491781. Company Registration No 4062637.
1.1.2 Customer and/or You means the individual or entity that purchases the Goods from the Company.
1.1.3 Conditions means the terms and conditions set out in this document.
1.1.4 Contract means the contract between the Company and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
1.1.5 Force Majeure Event has the meaning given in clause 9.
1.1.6 Goods means the goods (or any part of them) set out in the Order.
1.1.7 Order means the Customer's order for the Goods, as set out on the Website.
1.1.8 Website means the domain name www.hygenol.co.uk which is owned and operated by the Company.
1.2 The headings in this Agreement are inserted for convenience only and shall not affect its construction;
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it;
1.4 A reference to one gender includes a reference to the other gender.
1.5 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.6 A reference to writing or written includes faxes and e-mails.
2. THE CONTRACT BETWEEN US
2.1 These Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Your Order constitutes an offer by You to purchase the Goods in accordance with these Conditions.
2.3 You will receive an e-mail confirming Your Order which shall only indicate that We have received Your Order. It shall not indicate that We have accepted Your offer even if payment is taken.
2.4 Your Order shall only be deemed to be accepted once We have despatched the Goods to You, at which point the Contract shall come into existence unless We have notified You that:
2.4.1. We do not accept Your Order;
2.4.2. Deliveries cannot be made to Your area;
2.4.3. The Goods are out of stock;
2.4.4. The Goods You ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by Us from Our suppliers; or
2.4.5. You have cancelled the contract in accordance with Section 5.
2.5 Your Goods will not be despatched until full payment is received for the Goods. In the unlikely event that Your Goods are despatched in the absence of receiving full payment, the right and title to the Goods shall remain with Us until full payment is received.
2.6 In the event that Your Order is refused, We will notify You by e-mail and will refund the sum deducted by Us from Your credit card as soon as possible within 28 days of Your Order.
3.1 We shall ensure that the delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable) and special storage instructions (if any).
3.2 We shall use a third party Courier to deliver the Goods to the location set out in the Order.
3.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. For Goods that are delivered on a pallet due to their size and nature, delivery of the Goods shall be made to the curbside of the Customer’s delivery address.
3.4 Any dates quoted for delivery are approximate only, and the time of delivery is not able to be guaranteed we shall not be liable for any delay in delivery of the Goods in accordance with Section 3.5 below.
3.5 If We fail to deliver the Goods within 28 days from the time You placed the Order, Our liability shall be limited to the Order total. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply and delivery of the Goods.
3.6 If You fail to accept delivery of the Goods when the Courier attempts to deliver the Goods, an additional delivery charge at cost price shall apply for the re delivery of the Goods.
3.7 In the event that You fail to accept delivery of the Goods after the second delivery attempt, You shall collect the Goods from their location at the Courier’s depot. 3.8 Further to clause 3.7 above, We shall not be liable to provide a refund in the event that Your Goods are disposed of or resold due to Your failure to accept delivery of the Goods within the timescales and conditions stated under this Section 3. 4.
4. PRICES AND PAYMENT
4.1 The price of the Goods shall be the price set out at the checkout on the Website.
4.2 The Prices published on the Website are exclusive for all sales made through the Website. Prices through other methods of submitting an Order (i.e. Email, telephone or in store) may vary and incur additional charges to reflect the increased costs to the Company.
4.3 We may, by giving notice to You at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
4.3.1 Any factor beyond Our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
4.3.2 Any request made by You to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
4.3.3 Any delay caused by any of Your instructions or Your failure to provide Us with adequate or accurate information or instructions.
4.4 The price of the Goods is inclusive of the costs and charges of packaging for the Goods.
4.5 The price of the Goods shall be exclusive of the price of delivery. The delivery charges shall be calculated and applied at the checkout before You proceed with Your Order.
4.6 The price of the Goods isexclusive of amounts in respect of value added tax (VAT) at the prevailing rate.
4.7 Payment for the Goods shall be made by the Customer using the online payment facility on the Website which is provided by RBS Worldpay.
4.8 In the event that an invoice for the Goods supplied by the Company is provided to You, the Invoice shall be delivered by email to Your last known email address or posted to the address provided by You at the time of placing the Order.
4.9 Further to 4.8 above, the invoice must be paid in full before the Goods are despatched to You.
5. CANCELLATION AND RETURNS – PLEASE READ CAREFULLY
5.1 Where You have purchased Goods or Services from Us as a Consumer (i.e. for private use as opposed to business use) You are entitled to cancel Your contract completed with Us within seven (7) days from the day after You received the Goods or Services and receive a refund in accordance with these Conditions.
5.2 To return or cancel Your Goods ordered online and to receive a refund You must notify Us first. You can notify Us by the following means:
5.2.1 By telephone: 01244 288882
5.2.2 By post: Hygenol Cleaning Supplies Ltd, Unit 5 Parkway Business Centre, Deeside, Flintshire, CH5 2LD.
5.2.3 By e-mail: firstname.lastname@example.org.
5.3 For Goods that are damaged, faulty or not fit for purpose, you must notify us in accordance with the methods described above within the following timescales:
5.3.1 For Goods that have arrived with damage caused by the Courier, You must notify us within 24 hours from the date of receiving delivery.
5.3.2 For Goods that are faulty or not fit for purpose, You must notify us within 7 days from the date of receiving delivery.
5.4 Where the Goods that We have supplied are being returned because they are damaged, faulty or not fit for purpose, We shall decide at Our sole discretion whether the Goods are damaged, faulty or not fit for purpose. Should We conclude upon receipt and inspection that the Goods are damaged, not fit for purpose or are of unsatisfactory quality, We will meet the cost of the return carriage and We shall either replace the Goods or provide a full refund for the Goods accordingly.
5.5 Where the Goods are being returned without any faults or defects, the Goods must be returned to Us at Your own expense. The Goods will be collected by Us within 7 days of Our receipt of Your cancellation notice and we will charge You the cost of collecting the Goods by deducting the cost from the sum owed by Us to You.
5.6 Further to clause 5.5 above, You shall be responsible for ensuring the Goods are returned in their original selling condition. For the avoidance of doubt, You shall not be entitled to a refund where the Goods have been used or any safety seals on the Goods have been broken due to the nature of the Goods we supply.
5.7 The title and risk to the Goods shall remain with You until We are in receipt of the Goods and We have confirmed their contents.
5.8 You must exercise reasonable care and skill when packaging the Goods in order to ensure their safe return.
6. SUPPLIER WARRANTIES
6.1 In accordance with Section 5 above, in the event that a fault or defect becomes apparent after 28 days from the date you received the Goods, the Goods may be subject to the Suppliers warranty which may allow for a warranty against faults and defects beyond this period. We shall endeavour to include all applicable information on Supplier warranties with the delivery of your Goods but please contact Us if you have not received any information on any applicable Supplier warranties for Your Goods.
7. PRODUCT DESCRIPTION
7.1 Whilst we endeavour to ensure that the information on Our Website is correct, We do not warrant the accuracy and completeness of the information displayed. Our product descriptions for the Goods are general descriptions only - we do not guarantee the 'suitability' of goods for any specific person or use. As with any online purchase the choice of 'suitability' is Your responsibility based on our fair and accurate description. You are advised to confirm current specification before buying.
7.2 Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibration of different devices.
7.3 Any images of the Goods are for guidance only and may not be an exact image of the Goods you receive.
7.4 All weights and measurements are supplied as a guide only and are approximate. We shall not be liable for any errors in their accuracy and you are advised to contact us for further clarification on the Goods weight and measurements.
8. LIMITATION OF LIABILITY – PLEASE READ CAREFULLY
8.1 Nothing in these Conditions shall limit or exclude Our liability for:
8.1.1 Death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors (as applicable);
8.1.2 Fraud or fraudulent misrepresentation;
8.1.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
8.1.4 Defective products under the Consumer Protection Act 1987; or
8.1.5 Any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
8.2 We disclaim all liability for any consequential loss arising from, or in connection with, the Goods and Services supplied by Us.
8.3 For the purpose of these Terms, ‘Consequential loss’ shall include, but not be limited to (i) Pure economic loss (ii) Loss of profits (iii) Losses incurred by any third party (iv) Loss of revenue (v) Loss of goodwill and reputation (vi) Loss of opportunity.
8.4 Any performance dates or time deadlines set out in the Order are estimates only and time for performance by Us shall not be of the essence under these Terms.
8.5 Our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price You paid for the Goods.
9. INTELLECTUAL PROPERTY
9.1 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.
9.2 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.
10. FORCE MAJEURE
10.1 We shall not be liable for any failure or delay in performing Our obligations under this Contract to the extent that such failure or delay is caused by a Force Majeure Event.
10.2 A Force Majeure Event means any event beyond Our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, snow, severe ice, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
11.1 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
12.1 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by Us to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13. THIRD PARTY RIGHTS
13.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than You and Us shall have any rights under it.
14.1 Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by Us.
15. ENTIRE AGREEMENT
15.1 This Agreement shall set out the whole of our agreement relating to the supply of Goods by Us to You.
16. GOVERNING LAW AND JURISDICTION
16.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be referred to an independent mediator and governed by and construed in accordance with English law.
16.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that cannot be resolved by an independent mediator.
Website Terms and Conditions of Sale
For the purpose of these terms and conditions, Hygenol Cleaning Supplies Ltd shall henceforth be known as the company. Any person, company, organisation or agent, contracting in business with the company shall henceforth be know as The purchaser.
These terms and conditions shall apply to all business between the Company and the Purchaser and all other terms and conditions are expressly excluded, unless specifically accepted in writing by the Company. The Company is not willing to contract other than on these conditions which appear, or on any document emanating from the Purchaser are to have no legal effect whatsoever and this shall be of the essence in any contract.
3 Offer and Acceptance
A quotation does not constitute an offer and no contract exists unless and until there has been an acceptance by the Company of an order placed by the Purchaser. The Company’s terms and conditions will be deemed to have been accepted on the placement of any order or upon signature for any goods on any delivery or consignment document whether checked or unchecked.
4 Accuracy and Description of Goods
Whilst every reasonable effort has been made, all descriptions, specifications, drawings and particulars of capacities and dimensions submitted by the Company, or otherwise contained in the Company’s catalogues, brochures and price lists, quotations and any other published materials, are approximate only and are not binding in detail. The Company reserves the right to make, without previous notice, alterations and modifications of design that it may deem appropriate. Such alterations or modifications shall not affect the validity of any contract and shall be no ground for any claims upon the Company.
The Company reserves the right to alter any prices without notice. In respect of goods delivered after any such change of price the price charged will be the price current at time of despatch. All price quoted are in £ sterling and are exclusive of Value Added Tax, which will be charged at the current rate at the time of despatch.
The Company will make all reasonable endeavours to effect delivery on the date stated, but any time or date stated for delivery is given as an estimate only and shall not be of the essence. Delivery shall be deemed to have taken place upon the signature of any delivery or consignment note by any agent, employee or representative of the Purchaser. Unless otherwise stated in writing the Company shall be entitled to make partial deliveries or delivery by instalments and each instalment shall be construed as constituting a separate agreement to which all provisions of these conditions shall apply. If the Company is prevented from making a delivery of the goods or part thereof, or from commissioning the goods or part thereof, by any cause whatsoever outside of its strikes, material shortages, lockouts, fire etc. prohibition of export by the country of origin, difficulties of transport etc. it shall be under no liability whatsoever to the Purchaser and shall be entitled at its option to cancel the contract or to extend the time or times for delivery or commissioning by a period equivalent to that during which such delivery or commissioning has been prevented. The expression liability whatsoever shall include, without prejudice to the expression, liability in tort (including negligence), under statue and in contract, including liability for consequential loss (including loss of profit) or damage of any kind whatsoever however caused or arising, excluding death or personal injury.
Delivery within the UK will be affected by standard carrier as designated by the company unless specifically agreed otherwise in writing by the Company. Delivery arrangements for outside UK must be agreed in writing by Company prior to despatch of goods. Minimum carriage paid order within the UK is £50 net (excluding VAT). Any special delivery requirements will be charged to the Purchaser.
8 Export Contracts
In the case of export contracts, all import duties charges and assessments shall be paid by the Purchaser and the obtaining of any necessary export licenses in respect of the goods shall be the sole responsibility of the purchaser and the company shall be under no liability whatsoever to the purchaser in respect of goods exported without the necessary export and import licenses.
The Purchaser is liable to pay for all goods supplied to him by the Company, on or before the 30th day from the invoice date, or in accordance with any individual settlement terms agreed in writing by the company, and time shall be of the essence of this condition. The Company reserves the right to alter terms of payment which it allows to any class of, or individual purchaser without any notice and after such change in terms the terms allowed shall be those current at the date of despatch of the goods by the Company. Failure to pay within the stipulated terms shall entitle the Company , without prejudice to its other rights hereunder, to refuse delivery of any further consignment of goods, or perform any obligations whatsoever under this contract or under any other contract without incurring any liability whatsoever to the Purchaser. The Company reserves the right to pass on to the Purchaser any administrative or legal costs incurred in the pursuance of the collection of any moneys owed to the Company by the Purchaser.
Legal and beneficial ownership of the goods shall remain in the Company until full payment has been made for each of the companies invoices and all sums due have been paid in cleared funds for goods provided. Until ownership passes the Purchaser must keep the goods free from any charge, lien or other encumbrance. Whilst the goods are in possession of the Purchaser and before title has passed to the purchaser the purchaser shall hold the goods in Fiduciary relationships bailee for the Company and shall keep the goods in the same condition as that in which they were delivered and make good any damage or deterioration that occurs.
Risk in the goods shall pass to the purchaser, on delivery, notwithstanding that ownership will not pass until payment is made in full, In the event of any resale by the purchaser to a third party of the Company’s goods the beneficial entitlement of the Company shall attach to any claim against the Purchasers customer and to any proceeds of that sale and the Purchaser shall have a Fiduciary duty to account to the Company for the claim and the proceeds. Where proceeds of such a sale are received by the Purchaser, the Purchaser shall keep them in a separate account as agent for the Company until the amount to the Company is paid.
The purchaser grants an irrevocable license to the Company and it agents to enter onto the Purchasers premises, with vehicles if necessary, for the purpose of taking possession of the Company’s property.
13 Safe Handling and Use
The Purchaser is required to read the instructions for use and/or product information pertaining to safe handling and use of any goods. If the Purchaser has any doubts about the interpretation of any instructions or product information concerning safe handling or the use, he should seek advice from the Company prior to resale or use. It is the duty of the Purchaser to convey any instructions or product information concerned with safe handling or use of any goods to his employees, members of the public and any third party handling or acquiring said goods from the Purchaser.
14 Limit of Liability
Save where the absolute prohibitions against exclusion and restriction of liability contained in Section 2(1) and 6(1) of the Unfair Contract Terms Act 1977 apply any other liability to the Purchaser for any defect in, failure of , or unsuitability for any purpose of the goods or any part thereof whether the same be due to an act, omission, negligence or wilful default of the Company or its servants or agents, or to faulty design, workmanship or materials or to any other cause whatsoever shall be limited to the price of goods, and all conditions, warranties or other terms whether expressed or implied, statutory or otherwise, inconsistent with the provisions of this condition, are hereby expressly excluded. The foregoing states the entire liability of the Company in tort (including negligence) under statute and in contract to the Purchaser in respect of goods which are defective and the Company shall not save as expressly provided herein, be under any liability whatsoever to the Purchaser except that liability for death or personal injury as result of the vendors negligence may not be limited or excluded.
15 Return of Goods and Claims for Credit
The Company disclaims any liability for goods returned without express consent of the Company. Any goods approved for return must be advised in writing quoting the Company’s packing note number. The Company disclaims any liability for any goods returned whilst in transit to the Company. The Company reserves the right to charge reasonable handling charge where this is deemed by the Company to be justifiable. Goods returned due to damage on receipt or to incorrect supply must be notified to the Company in writing within 3 working days or receipt. Claims for short delivery or incorrect pricing must be notified to the Company within 7 working days of the date of invoice. Any claims made outside of these conditions will only be entertained at the company’s discretion.
16 Right of Sell Off
The Purchaser shall not be entitled to the benefit of any set off to which he might be otherwise entitled in law or in equity. All sums payable will be payable without any deduction and the Company shall be entitled in the event of non payment to obtain and enforce judgement thereon without execution pending the determination of any cross claim by the Purchaser.
17 Intellectual Property Rights
The Purchaser shall indemnify the Company against all costs, loss or damage incurred by the Company in respect of any claim being made or action brought in respect of infringement of patents, trade mark, trade names, registered designs or any other intellectual property rights in respect of the goods if any such claim is made or action brought as a result of work done by the company in accordance with the Purchasers specifications.
18 Unfair Contract
The Company has drawn up these Terms and Conditions of Sale in light of the Unfair Contract Terms Act 1977, as emended and considers them to be fair and reasonable, and its prices and insurance arrangements are based upon contracts made under these Terms and Conditions to be unreasonable he must inform the Company in writing before any contract is made, otherwise he will be deemed to have accepted that the Companys Terms and Conditions are fair and reasonable.
19 Proper Law
All contracts shall be governed by and construed in accordance with English Law and the Purchaser shall submit to the jurisdiction of the English courts.
The Company reserves the right to refer any dispute under any contract to arbitration in accordance with the Arbitration Act 1950 and 1979 with any statutory modification thereof for the time being in force. If the company exercises this right then the arbitrator shall be appointed by agreement between the parties, or in default of an agreement by a third party agreeable to both. Nothing in this clause shall be taken as purporting to exclude the right of either party to seek from the courts the ultimate decision on any question of law.