This agreement shall be governed by and construed in accordance with English Law, and each party agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.
1. Application of Conditions
1.1 The Seller (Memory Business Systems Ltd) shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2. Basis of Sale/Prices of Goods
2.1 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
2.2 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods. When you place an order with us either by phone or over the internet, you are making an offer to buy goods. Once we have checked the price and availability of the goods, we will e-mail you to confirm acceptance of your order. The Seller is not obliged to accept orders from a customer. In the unlikely event that these goods are no longer available we will advise you of this and no contract will exist between Buyer and Seller.
2.3 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. The customer will be advised of any error and if the customer wishes to cancel because of this error then any monies paid will be returned.
3. Orders and Specifications
3.1 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements.
3.2 The Seller reserves the right to make changes to the specification of the goods to those advertised as enhancements, improvements and development of the specification of the item
3.3 If the Goods are no longer available the seller may substitute the item for a different item (the Seller will inform the Buyer prior to delivery and you are not legally obliged to accept the substitute).
4. Price of Goods
4.1 The price of the Goods will be confirmed by the seller on acceptance of the order. No other published price is legally binding although these lists will be kept as accurate as possible. If the buyer requires a quotation then any quoted price will be valid for 30 days only or such lesser time as the Seller may specify.
4.2 The final price is inclusive of any applicable taxes or levies which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.
5.Terms of Payment
5.1 The goods remain the property of the seller until payment is received in full and the amount cleared and credited to the Buyers bank account. In respect of orders on credit the goods will remain wholly the property of the seller until all the monies have been received (refer to the finance agreement forms for full terms and conditions). The seller also has the right to remove and hold goods if credit payments are not forthcoming.
5.2 Internet orders must be paid in advance at the time of ordering either through the secure internet facilities or by credit/ debit card over the phone. We will not take payment from the Buyer until we have accepted your order.
5.3 If invoice is the agreed method of payment (must be previously agreed in writing) the Buyer shall pay the price of the Goods (less any discount or credit allowed by the Seller, but without any other deduction, credit or set off) within 30 days of the date of the Seller”s invoice. Interest will be charged at the prevailing rate of 6% above Base Rate on all late payments.
6.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the place specified in the Buyer”s order and/or the Seller”s acceptance as the location to which the Goods are to be delivered by the Seller. If there are any delivery costs the Buyer will be advised on the website or separately when the Seller accepts the order. See section 13 for further details about Free Delivery and Delivery Charges.
6.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. Larger items (canopies and cabinets) will normally be delivered by our specialist delivery team within 10 working days. The mini and hand held units will be delivered direct by carrier to arrive within 2 or 3 working days.
7. Risk and Property
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
8. Seller’s Default
8.1 If the Seller fails to deliver the Goods or any of them on the Delivery Date other than for reasons outside the Seller”s reasonable control or the Buyer”s or its carrier”s fault the Seller shall have no liability in respect of such late delivery.
8.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Seller”s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller”s reasonable control. If this delay is unreasonable then the customer may request a refund of all monies paid if they wish.
9. Defective Goods
9.1 If there is a problem please contact us we will deal with the issue in accordance with your legal rights.
9.2 If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery “condition and contents unknown” the Buyer gives written notice of such defect to the Seller, the Seller shall either – Replace or repair the defective Goods within 21 days of receiving the Buyer’s notice or refund to the Buyer the price for the goods which are defective (all goods damaged during delivery must be reported within 24 hours of receipt). For goods crated and sent abroad (not mainland Britain), the buyer must return the goods at their expense before a refund can be issued. Delivery cannot be refused for goods that are not faulty unless previously agreed with the Seller.
9.3 No Goods may be returned to the Seller without the prior agreement in writing of the Seller. Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced or repaired free of charge or, at the Seller”s sole discretion the Seller shall refund to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer. For goods crated and sent abroad (not mainland Britain), the buyer must return the goods at their expense before a refund can be issued. If goods are not defective but are returned see Returns section.
9.4 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller”s instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller”s approval.
9.5 Any further Warranty (written details will be supplied if appropriate) issued is in addition to the buyers Statutory rights. Consumers legal rights may apply after termination of the warranty.
9.6 If the buyer suffers any reasonable consequential loss due to the faulty goods then the matter will be dealt with in accordance with your legal rights.
9.7 Any Warranty is with the original buyer only and is not transferable.
10.1 Under the Consumer Contracts Regulations (previously Distance Selling Regulations), the Buyer has the right to cancel the contract for the purchase at any point from the time of ordering until 14 days after delivery. The Buyer must inform the Seller prior to returning the goods via writing or e-mail and the Buyer must pay for the carriage of the goods back to the seller. Monies will be returned to the buyer within 14 days of the Seller receiving the returned goods. Should you wish to return good more than 14 days after delivery, refunds for non-defective goods will be at the discretion of the seller and charges will be applied.
11.1 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected
12. Narrowband Money Back Guarantee
12.1 Applicable to full length narrowband units (canopies and cabinets) and is offered to customers who suffer from psoriasis, vitiligo and eczema (please check with us for other skin conditions). Customer needs to register before delivery or within 24 hours after delivery by sending a picture of their condition prior to treatment and then use the unit for a minimum of 10 weeks as instructed. If after the 10 weeks you see no improvement (you will need to provide a further picture of your condition as evidence) and you wish to return the unit then, as long as the unit is returned to us undamaged (within the next 14 days following the end of the 10 weeks), we guarantee to refund you the full total purchase price less our normal hire rate (as at 01/01/17 – £20 per week for a canopy, £100 per week for a cabinet). If the unit has been purchased through a third party (e.g. Amazon) then your money will be refunded less an additional deduction of any fees paid to the third party. The company decision is final.
12.2 If the unit is subject to any financial agreement either with Memory Business Systems Ltd or any third party then it is illegal to return the unit back to us unless you have paid off your borrowings – this ensures you have absolute title to the unit you wish to return. To claim a refund you must settle your outstanding loan, this must be actioned prior to you claiming any refund under the money back guarantee. Failure to do so may result in legal action, either by ourselves and/or your finance company.
13. Free Delivery
13.1 All cabinets and canopies will be delivered free and installed by our own team within approximately 10 working days of the order being received and processed. Exceptions are the following postcodes (TR, IV, PH, KW and any postcode that is not classed as Mainland Britain i.e.where use of sea transport will be required), when MBS may choose to crate and palletise the unit, and deliver by carrier, extra charges and different timescales may then apply. Any prices quoted for delivering a crated unit are for kerbside delivery only. Local delivery charges may be imposed by the delivering courier if the property is not easily accessible (a crated unit weighs circa 75 Kgs).
13.2 Mini Units and Hand Held units are sent by carrier within 2 working days of receiving the order – free of charge to Mainland Britain. (See 13.4)
13.3 Tube orders are sent by carrier. Standard delivery charges apply to addresses in Mainland Britain (based on the type of tube – see website for prices). This is to cover delivery and insurance. (See 13.4)
13.4 We deliver outside Mainland Britain, but reserve the right to apply extra charges and delivery timescales – please ring for a quote for crating and shipping.