TERMS OF SALE
1.1 These terms of sale ("Terms") apply to all orders for product(s) that are placed via www.braunhealthcare.com/uk_en/ (the "Site").
1.2 References in these Terms to "us", or "we" or "our" are references to KAZ Europe Sàrl, a company incorporated in Switzerland, under company number 2990768. Our registered office is at KAZ Europe Sàrl, Place Chauderon 18, 1003 Lausanne, Switzerland and our registered VAT number is 656228229. References to 'you' or “your” are references to the customer placing an order via our Site. You may contact our customer service team.
1.3 Please read these Terms carefully before placing an order. You will be asked to confirm your acceptance of these Terms each time you place an order.
1.4 We may amend these Terms from time to time, so please review the Terms each time that you place an order. The Terms that apply to you will be those in force on the date you place your order.
2.1 You do not need to register to place an order via the Site but have the option to do so. Registering to use the Site will make it easier for you to place orders in the future.
3. PLACING YOUR ORDER
3.1 To place an order, please follow the instructions on the Site. You will be given the opportunity to check the details of your order and to amend any errors before you confirm your order. Please check your order carefully as you will not be amend it once we have received it.
3.2 You must be at least 18 years old and a resident of the United Kingdom to place an order via the Site.
3.3 Your order is an offer to us to purchase the product(s) in your order and all orders are subject to acceptance by us. When we receive your order, we will send you an e-mail confirming receipt of your order and the details of your order. This email is an acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and the contract of sale ("Contract") for the product(s) ordered by you is only concluded when we send you an e-mail confirming that we have dispatched the product(s) you have ordered to you ("Shipping Confirmation").
3.4 If for any reason we are unable to supply you with a product that you have ordered, for example because it is not in stock or is no longer available, or because of an error in the price(s) on our Site as referred to in Section 4.2 below, we will notify you and give you the opportunity to cancel or amend your order.
4.1 All prices shown on our Site are in Pound Sterling (£) and are inclusive of Belgian VAT.
4.2 Our Site contains a large number of products, and it is possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. Where we discover that the correct price of a product is higher than the price stated on our Site, we will normally honour the stated price; however, where we feel that the pricing error was obvious, and ought reasonably to have been recognised by you as an error, we may, at our discretion, contact you and ask you whether you wish to purchase the product at the correct price, failing which we reserve the right to reject and/or cancel your order.
4.3 Our prices do not include delivery charges. Please see Section 5 below for details of our delivery options and charges.
4.4 Payment may be made by credit card. We accept payment with Mastercard or Visa. We will charge your credit card at the time we despatch your product(s) to you. Payments are debited in Pound Sterling (£).
5.1 We only deliver to addresses within the United Kingdom.
5.2 We offer the following types of delivery service:
A) Standard Delivery (3-5 working days): Free on all orders over £ 65 / £ 4.95 delivery fee on orders up to £ 65
B) Next Day Delivery: £17.50 delivery fee
For next day delivery, orders must be placed by 2pm Monday-Friday. Orders placed after 2pm on a Friday will be delivered on a Monday.
5.3 We will endeavour to fulfil your order by the delivery date set out in the Dispatch Confirmation, but all delivery dates and times are estimates only.
5.4 Larger items must be signed for upon delivery. If you are not in to receive your product(s), please follow the instructions on the card left by the carrier to arrange a re-delivery.
5.5 Ownership of the product(s) will pass to you when we receive full payment of all sums due in respect of the products. The products will be at your risk from the time you (or a third party identified to us by you other than our carrier) take physical possession of the products.
5.6 Any products purchased from us are for your personal and private use only (which may include their use as gifts for third parties). Products may not be re-sold or otherwise used for commercial or business purposes. We reserve the right to refuse an order where we believe it is being placed for resale or other commercial purposes.
6. YOUR RIGHT TO CANCEL
6.1 You have the right to cancel a Contract concluded through this Site within 14 days without giving any reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this section.
6.2 The cancellation period in respect of product(s) ordered by you will expire after 14 days from the day on which you acquire (or a third party other than the carrier who you have notified to us acquires) physical possession of the product(s). To meet the cancellation deadline, it is sufficient for you to send your communication notifying us of your exercise of your cancellation rights before the cancellation period expires.
6.3 To exercise the right to cancel, you must inform us of your decision to cancel the relevant Contract by a clear statement (e.g. by letter sent by post or email). You can do this by contacting our customer service team or calling us on +44 (0)115 9657449. Please include details of your order to help us identify it.
7. RETURNING YOUR PRODUCT(S)
If you wish to return your product(s), please complete the returns form and make sure to package the goods in their original packaging and with any product tags intact. Affix the returns label that you'll find inside the package, and take the package to the nearest DHL office. Please ensure that you obtain and retain proof of posting.
8.1 If you cancel an order, we will reimburse to you all payments received from you, including the costs of standard delivery. We do not refund express delivery charges.
8.2 We will reimburse you without undue delay and in any event within 14 days after the day we have received the product(s) back from you or, if earlier, 14 days after the day you provide us with evidence that you have returned the products to us.
8.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise.
9. OUR LIABILITY
9.1 We are under a legal duty to supply products that are in conformity with our Contract with you. Nothing in these Terms will affect your legal rights. For information about your legal rights, contact your local Citizens Advice Bureau or visit the Citizens Advice website at www.citizensadvice.org.uk.
9.2 We warrant to you that any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.3 We will be responsible for loss or damage you suffer which is a foreseeable consequence of our breach of these Terms or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach of these Terms or if the loss of damage could be contemplated by you and us at the time your order is accepted by us.
9.4 As products purchased from us are for your personal and private use only, we have no liability to you for any loss of profit or business, business interruption or loss of business opportunity.
9.5 Nothing in these Terms excludes or limits in any way our liability:
1. (a) for death or personal injury caused by our negligence;
2. (b) defective goods under the Consumer Protection Act 1987;
3. (c) for fraud or fraudulent misrepresentation; or
4. (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including under section 31 of the Consumer Rights Act 2015.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable for delay in performing, or failure to perform, if such delay or failure results from events, circumstances or causes beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2 If an event beyond our reasonable control takes place that affects the performance of our obligations under a Contract:
1. (a) we will contact you as soon as reasonably possible to notify you;
2. (b) our obligations under that Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event affects our delivery of product(s) to you, we will arrange a new delivery date with you after the event is over; and
3. (c) if we cannot perform our obligations under a Contract affected by an event beyond our reasonable control, you may choose to cancel that Contract. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
11. COMPLAINTS AND DISPUTES
If you have a dispute with us relating to any product(s) you have purchased, please contact our customer service team or call us on +44 (0)115 9657449. We hope to settle any disputes that might arise informally. If a dispute cannot be resolved informally, we will discuss with you the most effective way of resolving a dispute using mediation or arbitration, based on the nature of the dispute. You will also have the option of resolving the dispute using court action if you wish to do so.
12. OTHER IMPORTANT TERMS
12.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract or any of our rights or obligations arising under it, at any time provided your legal and consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms. You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing that you may do so.
12.2 Each of the provision of these Terms operates separately. If any provision or part-provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision or part-provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
12.3 These Terms and any Contract concluded between us are not intended to give rights to anyone except you and us and no other person shall have any rights to enforce any of these Terms.
12.4 Contracts for the purchase of products through our Site and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by British law. Any dispute or claim arising out of or in connection with such Contracts (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England. If you are a consumer resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.