Terms & Conditions
| About Us Influenza Protection Ltd are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the Contact Us page. Our Contact details: Influenza Protection Ltd Churchside Clifford Chambers Stratford Upon Avon Warwickshire CV37 8HT United Kingdom Phone: 0845 094 1692 Fax: 0845 094 1692 Email: sales@influenzaprotection.co.uk VAT Registration Number: 881056618 |
| Making A Purchase Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order. We accept all major credit and debit cards, including Visa and MasterCard. If you wish to pay by Diners Club or American Express please call our sales team on 0845 094 1692. We do not charge for any item until it is ready to ship. Backordered items are not charged until they are shipped. The simplest method of payment is via the internet however you can complete your transaction by phone or fax. Your confirmation of you order indicates that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a pricing mistake has been made or we have inadvertently under-priced goods, or we are no longer able to supply a particular product.. In the case of a change of price, we will always contact you first to ensure that the price is acceptable. Terms and Conditions Influenza Protection Ltd would request that customers of our website read carefully our terms and conditions prior to the use of the site and prior to the purchase of any equipment, products, stock or goods available on our website. Purchasing of any equipment, products, stock or goods available on this website and the access and use of this website indicates and signifies the users/customers acceptance of these terms and conditions ('Terms'). On occasions, Influenza Protection Ltd. ("Influenza Protection") reserves all rights to adjust or modify the Terms of the website. Payment terms and charges may be changed in accordance with the applicable price schedule. Therefore a user should continue to review the Terms whenever accessing or using the website. It is reasonably assumed that a user/customers access or use of the website after the posting of adjustments or modifications to these Terms will constitute such user/customers acceptance of the Terms, as modified or adjusted. Refusal by a user/customer to accept the Terms may result in the facility of the use of the website and/or purchasing of the equipment, products, stock or goods available on this website being withdrawn from the user/customer. Further terms and conditions proposed by a user/customer that represent an addition to or a potential conflict with these Terms are unequivocally rejected by Influenza Protection Ltd and shall have no force or effect. A. CONSENT TO TERMS AND CONDITIONS All user/customers of this website (the "User(s)" or the "Purchaser(s)") represents that he or she has read, understood, and agreed to be bound by the Terms. He or she also agrees (a) that his or her use of the website and the purchase of all equipment, products, stock or goods are subject to all applicable international, national and local laws, (b) not to use the website and/or to purchase the equipment, products, stock or goods available on this website for any illegal purposes, and (c) not to interfere with or disrupt the website or networks connected to the website. B. COPYRIGHTS, TRADEMARKS, SERVICE MARKS, AND PROPRIETARY RIGHTS. The design and information contained in, the website ("Material") are owned, licensed, or controlled by Influenza Protection Ltd or the party credited as the owner, licensor, or provider of such Content. The Material on the website, including, but not limited to all menu pages, content, text, graphics are protected by copyrights, trademarks, service marks, design marks and/or other proprietary rights and laws of England and Wales. The website is also protected as a collective work or compilation under United Kingdom laws. The user agrees to comply with all applicable copyright and other laws. The user/customer may view, print and download one copy of the contents for his personal non-commercial use, provided, he maintains all copyright, trademark and other notices contained on the Materials. The user/customer may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, teach, broadcast, create a derivative work from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without prior written consent by Influenza Protection Ltd. C. CONDITIONS OF SALE C.1 Extreme care has been taken by Influenza Protection to give accurate reliable descriptions, however these are not guaranteed and user/purchasers are advised to check vital details. Influenza Protection Ltd also reserves the right to correct any errors. C.2 Purchaser warrants that use or misuse of any equipment, products, stock or goods purchased from Influenza Protection Ltd is his/her responsibility and hereby fully indemnifies and holds harmless Influenza Protection Ltd as per Clause E. In particular misuse of respiratory protection equipment that my cause injury or death. Effective protection is dependent upon respirator selection for each application and every wearer. Effective protection is dependent on but not limited to the following: C3 The Selection of the respirator and filter relevant to the hazard. WARNING: Air-purifying respirators do not provide oxygen and shall only be used when a minimum of 19.0% Oxygen is present. C4 A proper fit testing procedure for individual users. C5 The ability (physical fitness) of a user/purchaser to wear a certain respirator in certain conditions. C6 Training on the respirator and its' use as well as use limitations. C7 Effective storage, inspection and periodic routine maintenance. C8 All our quotations are subject to prior sale and can change without notice. Our shipping dates are approximate only and may be subject to delays because of acts beyond the control of Influenza Protection Ltd. All specifications are offered merely as a guide and all terms are sold "as is - where is" and there are no express or implied warranties, whether with respect to fitness, merchantability or otherwise. C9 The equipment, products, stock or goods sold may not conform to safety codes and such non-conformance does not engage the responsibility of Influenza Protection. The Purchaser agrees to save and hold harmless Influenza Protection Ltd and its suppliers from any and all liability connected with the equipment, products, stock or goods available on this website. C10 Any orders are not subject to cancellation except with our express written consent. Where payment terms are extended, Influenza Protection Ltd retains a security interest in the equipment, products, stock or goods with right of repossession without demand until paid in full. All transactions will be deemed made and governed by the laws of England and Wales. C11 Where limited offers are advertised, these equipment, products, stock or goods are subject to availability and are allocated on a strict first come first served basis. In the circumstances of stock exhaustion substitute product may or may not be offered at Influenza Protection's discretion. C12 Influenza Protection Ltd has selected equipment, products, stock or goods on the basis that they will be used for domestic use only. If a purchaser is planning to use them for business purposes he should ensure that he has appropriate insurance. Influenza Protection Ltd accepts no liability whatsoever. C13 The purchase price paid will be the price displayed on the website at the time Influenza Protection Ltd receives the purchaser's order; however this is subject to the following exception. While Influenza Protection Ltd undertakes every endeavor to ensure that all prices on Influenza Protection's website are accurate, errors may occur. On discovery of a pricing error Influenza Protection Ltd will inform the purchaser as soon as is practically possible and offer the purchaser the option of reconfirming his order at the corrected price or canceling it. If Influenza Protection Ltd is unable to contact the purchaser Influenza Protection Ltd will treat the order as cancelled. If the purchaser cancels and the purchaser have already paid for the goods, the purchaser will in turn receive a full refund. C14 Payment can be made by any method specified in Influenza Protection's Payment section. Influenza Protection Ltd will ensure that all reasonable precautions are taken to keep the details of Purchaser's order and payment secure. Influenza Protection Ltd cannot be held liable for any losses caused as a result of un authorised access to information provided by the purchaser unless it is proved that Influenza Protection Ltd has been negligent in the handling of this sensitive information. C15 The purchaser acknowledges and agrees that all the information submitted to Influenza Protection Ltd through the website may be transferred to third parties for the purpose of shipping the equipment, products, stock or goods and/or for the purpose of fulfilling any lawful obligations under these Terms. The Purchaser must read the "Privacy Policy" of Influenza Protection, which shall govern the use of such information. D REPRESENTATIONS The user/purchaser represents, warrants and covenant that: (a) he has the power, competence and authority to enter into this agreement and to purchase the equipment, products, stock or goods; (b) he or she is at least eighteen (18) years old; (c) he or she shall not use any rights granted hereunder for any unlawful purpose; and (d) he or she shall use the website and purchase the equipment, products, stock or goods only as set forth in the Terms. E. INDEMNIFICATION The user/purchaser agrees, at his or her own expense, to indemnify, defend and hold harmless Influenza Protection, its officers, directors, members, employees, affiliates, subsidiaries, agents, and assigns from any and all claims, suits, actions, or other proceedings based on or arising in connection with the website and/or any links on the website and/or any equipment, products, stock or goods available on this website, including, but not limited to: (a) a violation of the Terms by him or her or any other person using his or her computer (or account); (b) his or her use of the website; (c) the purchase, use, or misuse of the equipment, products, stock or goods available on this website (d) a claim that any use of the website by him or her or any other person using his or her computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libelous or defamatory, or otherwise results in injury or damage to any third party; (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, the website by him or her or any other person using his computer (or account); (f) any misrepresentation or breach of representation or warranty made by him or her contained herein; or (g) any breach of any covenant or agreement to be performed by him or her hereunder. Influenza Protection's cooperation in such defence is made without waiver of any attorney-client, work-product, or other legal privileges. The Users agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable solicitors' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. F. LIMITED WARRANTY F1 Influenza Protection Ltd represents and warrants that it has the right and authority to make the equipment, products, stock or goods available pursuant to Terms and Conditions. F2 Except as otherwise provided in section 3.1, the equipment, products, stock or goods are provided on an 'as is', 'as available' basis and Influenza Protection Ltd and each third party supplier of equipment, products, stock or goods expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose. G LIMITATION OF LIABILITY G1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions in the description and/or specifications of the equipment, products, stock or goods available or any other materials contained in this website, (b) the unavailability of any equipment, products, stock or goods, (c) the use of the equipment, products, stock or goods, (d) the use of any equipment in connection with the equipment, products, stock or goods, (e) the content of this website, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party. G2 "Covered Party" means (a) Influenza Protection, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Influenza Protection Ltd or its affiliates; and (b) each third party supplier of equipment, products, stock or goods of Influenza Protection, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of equipment, products, stock or goods or any of their affiliates. G3 The aggregate liability of the covered parties in connection with any other claim arising out of or relating to this website and/or to the equipment, products, stock or goods available on this website shall not exceed the purchase price of the products sold to purchasers. The right of the purchasers to monetary damages in that amount shall be in lieu of all other remedies, which they may have against any covered party. G4 The covered parties shall not be liable for any special, indirect, incidental or consequential damages of any kind whatsoever (including, without limitation, Solicitors fees) in any way due to, resulting from, or arising in connection with this website and/or the equipment, products, stock or goods available on this website, or the failure of any covered part to perform its obligations, regardless of any negligence of any covered party. H MISCELLANEOUS H1 Other provisions that govern the use of this website and the purchase of the equipment, products, stock or goods available on this website are set forth in the price schedule, online descriptions of equipment, products, stock or goods, online notices following equipment, products, stock or goods selection, and individual documents retrieved from the website (collectively, the "Additional Terms"), all of which are incorporated by reference into these Terms and Conditions. H2 The failure of the Influenza Protection Ltd or any third party supplier of materials and/or equipment, products, stock or goods to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. H3 These Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of England and Wales. H4 Each third party supplier of materials and/or equipment, products, stock or goods has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary. Use of this site is subject to our privacy statement. |
| Shipping And Handling It is the purchaser's responsibility to ensure that the delivery destination is suitable to accept delivery and that the dimensions of the ordered equipment, products, stock or goods are suitable for delivery. Should it transpire that the equipment, products, stock or goods will not fit into the delivery address and as a result the purchaser cancels the order, there will be a restocking and handling fee of 15% levied to the customer. In the circumstances where delivery has been attempted the Purchaser's delivery charge will not be refunded. |
| Delivery Schedule Influenza Protection Ltd makes every reasonable effort to deliver goods within the estimated timescales advertised on the website, however delays are occasionally inevitable. Influenza Protection Ltd will endeavor to keep the purchaser informed of any delay to his expected delivery date |
| Back Orders If the item is not in stock, the customer will not be charged and the item will be placed on back order. We will make every endeavor to keep the customer updated by email as to the progress of the backorder. After 14 days the customer will be emailed with the option to cancel the backorder. |
| Tax Charges For orders made from the UK or the European Union, 17.5% VAT is added. All other orders are VAT free. All taxes such as any local use, sales and/or excise taxes, duties, imposts and/or any similar assessments is the sole responsibility of the purchaser and he agrees to pay any taxes and/or assessments where applicable |
| Credit Card Security When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site |
| Guarantee We guarantee your satisfaction, all of our products come with a 7 day money back guarantee |
| Privacy Policy Influenza Protection Ltd does not disclose buyers' information to third parties other than when order details are processed as part of the order fulfillment. In this case, the third party will not disclose any of the details to any other third party. Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies Data collected by this site is used to: a. Take and fulfil customer orders b. Administer and enhance the site and service c. Only disclose information to third-parties for goods delivery purposes |
| Returns Policy Your rights to return goods are protected under the EU Distance Selling Directive, which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm 1. Should the purchaser wish to exercise his or her rights under the Distance Selling Regulations his or her order may only be cancelled in writing, by fax or by e-mail. Telephone cancellations cannot be accepted. 2. Under the Distance Selling Regulations the Purchaser has the right to cancel his or her order for any equipment, products, stock or goods purchased on Influenza Protection website or through Influenza Protection Ltd telesales or e-mail returns@influenzaprotection.co.uk and claim a full refund. The right to cancel under the distance selling regulations is strictly subject to clause. 3. For hygiene and safety reasons, Influenza Protection Ltd cannot accept any returns where the original shipment or packaging has been damaged, punctured, either partially or fully opened, any seals broken or malformed, or through any internal handling of the equipment, products, stock or goods, whether accidentally or deliberately. Any refunds will be given at the sole discretion of Influenza Protection. 4. To cancel his/her order a user/purchaser must notify Influenza Protection Ltd within seven (7) working days following the day of delivery. The purchaser must return the equipment, products, stock or goods to Influenza Protection Ltd as required by these Terms but if the purchaser does not or if the purchaser returns the equipment, products, stock or goods at Influenza Protection's expense, then Influenza Protection Ltd reserve the right to charge the purchaser the reasonable costs of returning the equipment, products, stock or goods except in the case of cancellation of substitute equipment, products, stock or goods. 5. The equipment, products, stock or goods must be returned in an unopened, unused and re-saleable condition as described in Clause 3.4. The purchaser is responsible for the cost of safe carriage back to Influenza Protection. The purchaser is strongly advised to arrange for adequate insurance to cover the equipment, products, stock or goods during its return journey. 6. The equipment, products, stock or goods should be returned within seven (7) working days from the date Influenza Protection Ltd receives the Purchaser's cancellation. If the purchaser is unable to return the equipment, products, stock or goods to Influenza Protection Ltd within seven (7) working days the purchaser must contact Influenza Protection Ltd to arrange a collection, which will be at purchasers cost. 7. In the event of a delivery being returned to us by the courier/post office as 'refused' or 'undeliverable' then if requested the customer will be refunded for the stock, however the delivery charge will be still be the liability of the customer. The acceptable exception to this is if a genuine mistake has occurred and that Influenza Protection Ltd has been contacted. © Influenza Protection Ltd. 2006 |