For the purpose of these Terms and Conditions of Sale: Sensilab shall mean Sensilab Limited
Buyer shall mean any person or organisation placing an order for products (‘Order’) or Services with Sensilab Limited. Ordered Products shall mean the products that have been ordered by way of an Order, from Buyer to Sensilabl. The placing of an Order implies acceptance by the Buyer of the Sensilab’s Standard Terms and conditions of Sale. Where a Buyer places an Order with Sensilab, it is implied that the Buyer has fully accepted these terms and Conditions. Where Sensilab and a Buyer enter into a contract, such contract shall be subject to these terms and conditions. These terms and conditions shall also apply to any subsequent verbal orders placed by a Buyer. No terms and conditions of the Buyer shall apply at any time to any Order. An Order by a Buyer shall only be deemed accepted by Sensilab when a written acknowledgement of the Order is issued by Sensilab or (if earlier) Sensilab delivers the products to the Buyer.
Delivery dates provided to the Buyer are estimates only. Therefore, no liability for loss or damage shall be borne by Sensilab with regard to late delivery. For all orders placed by the Buyer Sensilab shall incur a delivery charge. If the Buyer places an order value greater than or equal to £ 30 (minimum order value), then Sensilab shall bear the delivery costs. However if the order value is less than the minimum order value (£30 GBP Thirty) then Sensilab shall charge £ 3.50 as standard delivery charge to the Buyer along with the price of the goods. Delivery will be made by Sensilab or its courier agent to the delivery address specified by the Buyer on the online order form. From that point on the risk in the Ordered Products passes to the Buyer and it is the Buyer’s responsibility to accept the ordered Products from the delivery vehicle or the courier.
Delivery locations will be agreed between the Buyer and Sensilab at the time of placing the Order, but will only be deemed confirmed by Sensilab when a written acknowledgement of the Order is issued by Sensilab or (if earlier) Sensilab or its courier agent delivers the Ordered Products to the Buyer’s address . All Ordered Products delivered must be signed for by the Buyer on delivery. In the event that Sensilab attempts to deliver Ordered Products to a given location at a given time and there is nobody present at the delivery address to accept the Ordered Products, then Sensilab or its registered courier shall contact the Buyer and provide notification of the attempted delivery. If Sensilab re-delivers the Ordered Products as agreed with the Buyer, then a further charge shall become payable by the Buyer for the re-delivery. Sensilab makes every effort to ensure delivery of Ordered Products at the agreed time and place; but Sensilab shall not be liable if there is a failure to deliver due to circumstances outside of the control of Sensilab, and time of performance or delivery by Sensilab shall not be of the essence.
All prices quoted by Sensilab to Buyer apply to specific orders. Sensilab may change its prices at any time and in such an event shall be notified inits webstore. The prices for the Ordered Products are inclusive of all taxes and duties, levies and VAT. This shall be payable by Buyer at the time of placing an order including all charges for packaging, packing, shipping, carriage insurance and transport of the Ordered Products to the delivery address
4. Terms of Payment
Sensilab may on a case by case basis, deliver any Ordered products in instalments as required by the Buyer. Buyer must pay for an Order as per the payment terms as stipulated on the Web-store by Sensilab. The time for payment of the price shall be the essence of any contract/agreement between Sensilab and Buyer. If Buyer does not make any payment to Sensilab, Sensilab reserves its right to cancel the order.
Title to any Ordered Products shall only pass from Sensilab to the Buyer upon delivery of the goods to the Buyers delivery address.
6. Claims / Complaints
The Buyer shall be solely responsible to inform Sensilab of any damaged Ordered Products or shortfall in quantity. The Buyer shall inform Sensilab of such damaged Ordered Products or shortfall in quantity within 3 working days of receiving the Ordered Products as evidenced by the timing of the proof of delivery. The Buyer will contact Sensilab in relation to any damage or shortfall in Products via the following email address: Claims@sensilab.uk. After expiry of the 3 working days period after delivery, no complaints or claims as to quality or quantity of the Ordered Products may be brought by the Buyer.
Ordered Products may be returned by the Buyer in respect of defective product or packaging only after Sensilab agrees in writing. Further Sensilab shall accept products from the Buyer if Buyer is not happy with the product for any reason whatsever. However, Sensilab wishes to satisfy its customers and hence prior to any return, the Buyer shall submit a reason of the alleged defective products to Sensilab for investigation. The Buyer shall send such defective Products with its packaging to Sensilab’s quality assurance department for investigation. Sensilab shall determine the defect and shall communicate such defect to the Buyer with replacement products or credit or refund in accordance with the Buyer’s requirements
Sensilab warrants that, to the best of its knowledge, all Ordered Products supplied are of satisfactory quality, fit for purpose and free of any defects due to materials design or workmanship.
In the event that Sensilab accepts a Buyer’s claim for defective products, the total liability shall not exceed the replacement or value of the Ordered Products. Method of settlement will be at the discretion of Sensilab and no third party claims will be entertained at any time.
The Buyer warrants that it is authorised to order and purchase products from Sensilab. The Buyer further warrants that it will store the Ordered Products as per accepted regulatory guidelines and will immediately destroy any ordered product(s) upon the expiry of that product(s). At no time will the Buyer act in a manner that jeopardises the safety of anyone using the Ordered Products.
Sensilab’s total liability in contract, tort, misrepresentation, or otherwise related to performance of the contract with the Buyer, shall be limited to the price of the product.
In the event that the Buyer uses the Ordered Products in a manner which is in direct breach of these conditions, or in breach of applicable regulations, and which consequently leads to a third party action against Sensilab, the Buyer shall indemnify and hold harmless Sensilab and each of Sensilab's officers, directors, employees and agents from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly.
11. Force Majeure
Sensilab shall not be held responsible by the Buyer for any failure of or delay in the performance of its obligations for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.
If, after placing an Order the Buyer cancels the Order, Sensilab shall endeavour to stop the despatch of the goods. However if the goods have already left the despatch point then Buyer can send the goods back to Sensilab’s warehouse. However the Buyer shall be liable to incur the courier charges for the said shipment and the balance amount shall be duly refunded to the Buyer. This shall not limit any other rights that Sensilab may exercise under these Terms and Conditions of Sale.
13. Product Recall and Adverse Event Reporting
In the event of an adverse drug reaction to an Ordered Product, the Buyer shall ensure the following:
a) Buyer shall cease to consume the pro the Ordered Product and shall notify Sensilab’s Quality department immediately of any adverse reaction, or suspected adverse reaction, and will provide the relevant details of the adverse reaction in order to enable Sensilab to prepare and submit a report and notification to the proper regulatory authorities
a) b)Buyer shall ensure that any person who has consumed the Ordered Products shall also agree to notify Sensilab as per (a) above, in the event of an actual or suspected adverse reaction.
b) c) In the event of an adverse reaction, the Buyer and/or the consumer shall return the Ordered Products in question back to Sensilab.
The Buyer will co-operate with Sensilab at all times in connection with monitoring the safety and performance of the Ordered Products and recalling any Ordered Products.
A notice required or permitted to be given by either party to the other under these Terms and Conditions of Sale shall be in writing addressed to that other party as its principal place of business, or its registered office, or such other address as may at the relevant time have been notified under this provision to the party giving notice.
If any provision of these Terms and Conditions of Sale is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms of Business shall not be affected.
These Terms and Conditions of Sale and any contracts are governed by and shall be interpreted in accordance with the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.
16. Data Protection
The Buyer is aware of and agrees to the following:
Sensilab may transfer information about the Buyer to its bankers/financiers for the purpose of providing services and for the following purposes:
- Making credit reference agency searches
- Protecting the interests of Sensilab. Sensilab will provide the Buyer with details of its bankers/financiers and that of any credit reference agencies used on request.