TERMS & CONDITIONS
Terms & Conditions
General terms & conditions
Terms and Conditions
If you are a consumer of our product, please note that these terms and conditions are governed by the laws of England and Wales. The seller and the buyer are both agreeing to the jurisdiction of the English courts to settle any claim or dispute which may arise in relation to these terms and conditions.
These terms and conditions apply to all products that are ordered via our Internet website (www.medicalcareessentials.com), mobile phone apps, over the phone or by email. Any promotions online relate to internet transactions only and may not be available in store. Alternatively, temporary or local special offers in store do not apply to internet prices unless expressly specified.
1.1 The Seller is Medical Care Essentials c/o Lexus International Ltd, a member of the Lexus International Ltd Group of Companies. Registered in England and Wales at Companies House No. 50604432. Registered Office Lexus House, 182-185 Dudley Road, Wolverhampton, WV2 3DR, England, U.K VAT registration number GB 339 3782 66
1.2 Please note that Lexus International Ltd may also facilitate the sale of certain products on www.medicalcareessentials.com as an agent for various retailers. By making an order on this site you are entering into a contract with the relevant retailer itself rather than with Medical Care Essentials c/o Lexus International Ltd. A full list of such retailers is available on request.
- Order process
2.1 The products we display on our website are for invitation purposes only.
2.2 An offer is made when you place the order for your products on our website. Once we have accepted this offer, it is then that a contract between both the seller and buyer will take place (see clause 2.5 below for further information).
2.3 We only take a payment from your card once your order has been processed and your card details have been verified. Products are subject to availability and if we are unable to supply the products, we will inform you of this as soon as possible.
2.4 An acknowledgement of your order will be sent by email to the email address entered into the website by you. This is not an order confirmation or an acceptance of the order from us. You will be sent a further update email once we have checked your order and processed it.
2.5 At the point the products you have ordered are dispatched from our warehouse to be delivered, there will be a binding contract between the seller and buyer. Unless, we have notified you that we do not accept your order, or you have cancelled your order. Before this, we may have debited your card or sent an acknowledging email as stated above in clause 2.3 and 2.4 but this is not an order acceptance.
2.6 In the unexpected event, an error may occur resulting in the products described on our website not being available. If this occurs, your order will not be accepted. We may ask you whether you wish to purchase other products we have available or the products which may have been dispatched to you in error. If so your order will be amended accordingly. We will treat any order as cancelled and any incorrect products dispatched will be collected for a full refund.
2.7 All orders that you place on this website will be subject to acceptance in accordance with clause 2.5 and 2.6 of these terms and conditions.
2.8 We do not file details of your order for you to access, please print out these terms and conditions and the order acknowledgement for your own record.
3.1 Payment may be made by the methods indicated on our website.
3.2 You will be charged the current price for buying products from our website at the date you place your order. All prices are displayed on our website and are inclusive of VAT (where applicable). We reserve the right to amend prices if there is a change in the rate of VAT All total prices for goods and services at the checkout represent the total price payable by the customer for those items, regardless of the address for delivery. For delivered to the EU, this price includes VAT (or VAT equivalent) at the current rate. Although this price is the same for deliveries outside the EU, where VAT (or VAT equivalent) may not be applicable, customers are not entitled to any discount or refund to account for the differences in tax treatment and will pay the same price for the item as a customer placing an order for delivery to the EU. Other components of the total price at the checkout, including delivery charge, may vary for each customer.
3.3 A delivery charge will be applied at checkout, please view our delivery charges.
3.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the products at the correct price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.
For our Terms & Conditions on our Delivery Options, please refer to our Delivery information. Please note that our definition of Working Day is all days, from Mon-Sat, excluding Sunday and Public/bank holidays.
If, for any reason, you wish to do so you have the right to cancel any order you have placed (other than in respect of products made to your specification, clearly personalised or unsealed audio or video recording or computer software). You may cancel an order at any point from placing the order up to fourteen (14) calendar days, from the day after delivery of the product(s) to you. This is in line with the Consumer Contracts Regulations 2013. We are unable to cancel any Next Day delivery or Click & Collect orders once they have passed through our payment system. To cancel please either refuse delivery or return via one of our return options.
The following procedures will apply:
5.1 You can either e-mail or telephone our Online Customer Services Team on 01902 456800. If you have contacted us to cancel before delivery of your products, though your order will have been cancelled, normally delivery cannot be interrupted (except possibly if cancellation takes place within 30 minutes of order). Please refuse any delivery of cancelled products or return them to us. Products can be returned to our store or returned by post, in Original unopened, undamaged packaging.
5.2 For instructions on how to return an order, please visit our Returns & Refunds section.
6.1 In addition to your cancellation rights for health and safety reasons we are unable to exchange/refund the following products.
- Once the original sealed packaging has been opened and no longer in resellable condition.
- Sanitised items have been opened or touched and are no sterilized in original packaging.
- Sale items
7.1 The reductions shown are reductions from the original price charged on the website. Occasionally these prices may have applied more than six months ago.
8.1 Certain products may be subject to age restrictions as indicated on the product page. By placing your order for any of these products, you confirm that you have reached the required age. Your entire order will be cancelled if we are unable able to verify your age using the details you have submitted.
8.2 All measurements, Sizes and fittings are approximate only and for guidance only, since can vary from one supplier to another.
8.3 The reproduction of colours is as accurate as the photographic and production process will reasonably allow.
8.4 All risk in the products we supply to you, in particular, the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order. Ownership of the products shall not pass to you until we have received payment in full in respect of such products.
8.5 We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings as a result of our failure to comply with these terms or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.
8.6 These terms, constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.
8.7 We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms and conditions previously published by us.
8.8 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.
8.9 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.
8.10 You may not assign or sub-contract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8.11 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.
- Force Majeure
We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:-
- Act of God explosion flood tempest fire or accident.
- War or threat of war sabotage insurrection civil disturbance or requisition.
- Acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority.
- Import or export regulations or embargoes.
- Strikes lock-outs or other industrial actions or trade disputes (whether involving employees of us or of a third party).
- Power failure or breakdown in machinery.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS
Terms of website use
Other applicable terms
Our Acceptable Use Policy
Please click here to see our acceptable use policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you purchase goods from our site, our Terms and conditions of supply will apply to the sales
Information about us
www.medicalcareessentials.com is a site operated by Lexus International Ltd ("We"). We are registered in England and Wales under company number 5060432 and have our registered office at Lexus House, 182-185 Dudley Road, Wolverhampton, WV2 3DR, England, U.K.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws, Trademark registrations and other registered and unregistered rights in treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in our Terms and conditions of supply.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
Rights you licence
When you upload or post content to our site, you grant us and third parties a Licence to use, store and copy that content and to distribute the content to third parties.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact us.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email email@example.com
Thank you for visiting our site.
Acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.medicalcareessentials.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
Prohibited uses You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (contributions).
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.