Terms & Conditions
(EFFECTIVE DECEMBER 2018)
General information
1. Any reference to Company/Seller shall mean Respro (UK) Ltd (registered office: Unit 37, 1 Stannary Street, London SE11 4AD, who sell or supply protection equipment, clothing and accessories in the course of their trade or business. 2. Buyer/Purchaser shall mean any person or other entity detailed in the appropriate section of the Mail Order sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer/purchaser. 3. Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form. 4. Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Shipping is currently free across the globe with orders over £25. 5. The company reserves the right to amend technical specifications or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company.
Guarantees
6. All guarantees for products are provided entirely by the manufacturer and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate.
Limitations Upon Liability
7. Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser. Where advice is given by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification. 8. Compatibility of goods is not guaranteed where modifications or alterations have been made and the company shall, in such circumstances, and at its discretion, issue a refund or credit to the purchaser. 9. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods at their cost to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification. 10. Where modifications or alterations and poor maintenance to goods have been made the company shall accept no liability for death or personal injury unless caused directly by its own negligence. 11. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order. 12. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties. 13. Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
Despatch
14. All times given for despatch are on a best effort basis and while stock is available. 15. The contract for ‘free shipping’ is based on Respro (UK) Ltd guaranteeing to despatch the order, not deliver the order; Proof of despatch is provided along with tracking number and the contract concludes at this point. 16. The service is trackable (this may vary from country to country), however is not guaranteed and Respro (UK) Ltd does not accept responsibility for the failure of any delivery which is not guaranteed. Respro (UK) Ltd will use its best endeavours to ensure the delivery is successful. 17. Respro (UK) Ltd holds no control over any UK or foreign postal services and cannot be held liable for a failed delivery due to a foreign postal service. 99% of shipments reach their destination. 18. Respro (UK) Ltd does offer a faster courier service and is available at the checkout during the payment process. This service is charged at cost. For all other despatch enquiries please email customerservices@respro.com 19. If the delivery has failed to be delivered or collected by the addressee or the customs charges and local taxes are not paid by the client on request and the consignment refused by the client is subsequently returned to the warehouse in the UK, then an administrative charge equivalent to 25% of the goods value is chargeable and the remaining balance will be refunded.
Cancellation of Orders and Liabilites
20. A consumer/buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within 24hrs from the date and time of placing the order. 21. ANY CUSTOMS DUTIES AND LOCAL TAXES APPLIED BY THE DESTINATION COUNTRY ARE THE RESPONSIBILITY OF THE PURCHASER AND NOT RESPRO (UK) LTD 22. Cancellation of the contract can be effected by service of the Cancellation Notice and emailed to logistics@respro.com
Returns
23. Respro® do not accept returns if the item is used (seal broken and face fitted). A mask is considered a ‘personal’ item, Respro® are unable to resell it as this poses a cross contamination threat (CV) and subsequent product liability issue. Any items that are returned without authorisation will be destroyed owing to the potential viral threat. The sizing chart online is a guideline only on not considered part of the mask warranty program. By providing your biometric information, you remain within the product warranty program provided. If Respro® have advised you of the size to purchase and it is subsequently deemed the wrong size, then Respro® will exchange it for the correct size free of any charge. This process will require verification via images supplied by the buyer to confirm an incorrect size and not incorrect fitting for which further advice will be supplied. If the measurements supplied are inaccurate and do not reflect the actual dimensions of the user then Respro® are unable to offer an exchange mask.
In the situation where the client has not acquired sizing confirmation and therefore falls outside of the warranty program, we use our best endeavors and goodwill to resolve the issue.
Respro® does not offer this service if a mask is purchased from a third party supplier.
Jurisdiction
24. This agreement shall be interpreted in accordance with English Law and industry custom and practice, and English courts shall have sole jurisdiction in respect of any dispute arising therefrom. In respect of Internet sales, jurisdiction or the agreement shall be with English Law and it shall be deemed that any agreement is made in the UK irrespective of any rule of contract dictating otherwise.
