TERMS AND CONDITIONS OF SALE


Please read the following Terms and Conditions carefully. They contain important information about your rights and obligations. We recommend you print out these Terms and Conditions from the Site by clicking on the print icon on your browser and keep them for your future reference.

  1. About us and these Terms and Conditions
    1. "We" or "us" are Adveticus Limited, a company registered in England with registered number 5648701 whose registered office is at Unit 268B The Wenta Business Centre, Colne Way, Watford, Hertfordshire, WD24 7ND. If you have any comments or suggestions, we would be pleased to receive them at our main address or by e-mailing us at info@adveticus.co.uk.
    2. These Terms and Conditions govern the supply by us of any products ordered by you, whether on the [www.masksunlimited.com / www.masksunlimited.co.uk] web site or by any other means ("the Site"). The particular individual product that you order at any one time from us is referred to in these Terms and Conditions as "the Product". Further details of the Product can be obtained by reviewing the Site and contacting us. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
    3. In these Terms and Conditions:
      1. "you" means a customer who orders a Product from us;
      2. "the Contract" means your order of a Pack in accordance with these Terms and Conditions which we accept in accordance with clause 3.12 below. If you order more than one Product or several Packs of the same type of product, each unit of each Pack will constitute a separate Contract;
      3. a pack of products called "a Pack";
      4. a package of a number of Packs in a delivery is called "a Package";
      5. a "Product" means a single unit, a Pack or a Package as the context requires;
      6. "Inner Sealing" means the sealing around the Product;
      7. "Outer Sealing" means the sealing around the Pack; and
      8. "Order" means the order submitted by you to us for purchase of a Product from us;
      9. "Quotation" a quotation from us to you, offering to sell a particular quantity and type of Product to you at a particular price;
      10. "Acceptance" means our acceptance of your Order in accordance with clause 3.12;
      11. "Acknowledgement" means our acknowledgement of your Order;
      12. a "Business Day" means a day which is neither (a) a Saturday or Sunday nor (b) a public holiday anywhere in the United Kingdom;
      13. headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
      14. words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; and
      15. references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
  2. Effect
    1. These Terms and Conditions shall apply to all Quotations, Orders and Contracts made or to be made by us for the sale and supply of Products. When you give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Where you are a consumer, nothing in these Terms and Conditions affects your statutory rights (including without limitation the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
    2. These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by e-mail or orally, are expressly waived and excluded. If you give us a purchase order, this is purely for your administrative purposes and shall not form part of the Contract.
    3. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
    4. Without affecting your statutory rights if you are a consumer, no statements made by our employees, contractors or agents or contained in any website, brochures, catalogues, sales literature or correspondence are intended to have any legal effect unless expressly agreed in writing by us or referred to in the Contract.
    5. To the extent that there is any conflict between the Terms and Conditions, the Quotation (if any) and the Order:
      1. the Quotation shall prevail over the Order and the Terms and Conditions; and
      2. the Order shall prevail over the Terms and Conditions.
    6. No Contract shall be a sale by sample.
  3. Making Orders of Product
    1. When making an Order on the Site, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it to us.
    2. Unless otherwise specifically agreed by us, we do not intend for anyone from outside of the United Kingdom[, Isle of Man and the Channel Islands] to Order a Product from us.
    3. If you submit an Order off-line, you shall first ask us for a Quotation, which will be in writing or electronic. Within one month from the date of a Quotation which we have not revoked (orally, by e-mail or in writing), you must submit your Order to us in writing, by e-mail or on the Site. You must ensure that the Order is on the same terms as the Quotation and refers expressly to the relevant Quotation.
    4. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told the charges you must pay with and without VAT, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site or otherwise by us, all charges are in the currency then in force in England. Subject to clause 3.14 below, this is the total that you will pay for receipt of the ordered Product. There are no extra charges unless you opt for a premium delivery service or we agree to make delivery outside of mainland United Kingdom, in which case we shall inform you of any additional cost before we agree to your request.
    5. Unless otherwise agreed by us in the Quotation, you shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event (unless otherwise agreed by us in writing) we shall not be bound to supply before we have received cleared funds. We shall obtain the money for payment of the Product when we issue our Acceptance.
    6. To the extent that we agree to offer you any credit terms, you shall pay to us in full within [30] days of the date of invoice.
    7. If you are late in paying any sum to us, we may (without prejudice to any other right or remedy available to it whether under the Contract or by any statute, regulation or bye-law) do any or all of the following:
      1. charge interest on the amount due but unpaid at the annual rate of interest set under Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 from time to time from the due date until payment (after as well as before judgment), such interest to run from day to day and to be compounded monthly; and
      2. sell or otherwise dispose of any Products which are the subject of any Order by you and apply the proceeds of sale to the overdue payment; and
      3. suspend the performance of the Contract and any other contract between you and us until payment in full has been made.
    8. If you are asked for details of a payment card, you must be fully entitled to use that card. The card must have sufficient funds to cover the proposed payment to us.
    9. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or other payment method, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your credit or debit card details before providing you with the Product.
    10. When you submit an Order to us, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
    11. Your Order remains valid as an offer until we issue our Acceptance of your Order or, if earlier, when we receive your notice revoking your Order.
    12. We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an e-mail, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute Acceptance of your Order. In that Acknowledgement, we will give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including (but not limited to) unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first). The Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your order by e-mail, letter or fax to you, stating that we are accepting your Order. Our Acceptance shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier if the Contract requires, we may send an invoice to you at any time after we have Accepted your Order. Until the time when we Accept your order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have Accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
    13. If you discover that you have made a mistake with your Order after you have submitted it to us, please contact info@adveticus.co.uk immediately.
    14. We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our Acceptance procedure. If the price for the Order changes before we Accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
  4. Delivery of the Product
    1. We aim to deliver the Product to you at the place of delivery requested by you in your Order.
    2. We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date at the time of your Order.
    3. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
    4. We may deliver in instalments. Delay, default or non-delivery of any instalment shall not entitle you to cancel, and shall not affect, the remainder any other contract with us other than the Contract for which there is the delay, default or non-delivery.
    5. We are unable to say at what time of day delivery is likely to take place. If you have specific delivery requirements, please contact us and we will try to do what we reasonably can to help.
    6. We shall not be obliged to deliver any Products to you whilst you have a total of outstanding unpaid monies actually due to us under any contract with us exceeding any such credit limit which we inform you from time to time. We shall perform the Contract within a reasonable time following receipt of those monies that take outstanding unpaid monies actually due to us below that credit limit.
    7. On delivery of the Product, you may be required to sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
    8. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will notify you using your contact details and arrange for cancellation of the Order or an alternative delivery address.
    9. All risk in the Product shall pass to you upon delivery, except that where delivery is delayed due to your breach of your obligations under the Contract risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
    10. If you are not available to take delivery or collection at the designated time, we may leave a card giving instructions on either redelivery or collection from the carrier.
    11. If delivery or collection is delayed through your unreasonable refusal to accept delivery, then we may (without affecting any other right or remedy available to us) do either or both of the following:
      1. charge you for our reasonable storage fee and other costs reasonably incurred by us; and
      2. notify you that we are immediately cancelling the Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable charges for delivering and returning the Product.
  5. Ownership
    1. You shall own the Product on the later of when we deliver it to you and when we receive payment in full for the Products (including VAT and delivery charges) in accordance with clause 5.2.
    2. Notwithstanding delivery, ownership of the Product shall remain with us and you shall hold the Products as bailee for us until payment in full of all sums owing from you to us on any account whatsoever whether under the Contract or any other contract between you and us ("Payment").
    3. You shall keep the Products in good condition and separate from other goods and clearly identified as our property and not destroy, deface or obscure any identifying mark or packaging on or relating to the Products until Payment.
    4. You shall not pledge or allow any lien or charge to arise over Products until Payment. You shall not deal with the Products other than in the ordinary course of business.
    5. You may resell the Products before ownership has passed to it solely on the following conditions:
      1. any sale shall be effected in the ordinary course of your business at full market value; and
      2. any such sale shall be a sale of our property on your own behalf and you shall deal as principal when making such a sale.
    6. In the event of sale or any disposition of the Products by you, you shall still be responsible for paying to the full value of the Payment. If we require, you shall authorise and direct the third party buyer to pay to us a like part of the sum due to you in respect of the Products sold and assign to us such part of the debt owed to you by the third party.
    7. We may at any time until Payment without notice recover possession of the Products which are our property. You hereby grant to us an irrevocable licence to enter for that purpose any premises then occupied by or in the ownership or possession of you. You shall indemnify us against all claims, losses, damages, liabilities, costs and expenses so arising.
    8. We shall be entitled to maintain an action for the price of the Contract, notwithstanding that the property in the Products has not passed to you.
    9. You shall keep the Products fully insured on our behalf with a reputable insurance company for their full price against all risks of loss or damage from the time when the risk passes to you until ownership passes in accordance with this clause 5. On request, you shall produce to us the policy of insurance. If the Products are lost, damaged or destroyed, you shall hold the proceeds of insurance for and to our order pending Payment (as defined in clause 5.1).
  6. Returning the Product Without Fault
    1. THIS CLAUSE 6 APPLIES ONLY IF YOU BUY AS A CONSUMER. THE REMEDIES IN THIS CLAUSE 6 ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU MAY HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY. THIS CLAUSE 6 ONLY APPLIES IN RESPECT OF PRODUCTS WHICH ARE NOT FAULTY.
    2. Subject to the rest of this clause 6, irrespective of your other rights for faults with the Product, you may cancel the Contract and return any delivered Pack to us for any reason at all if you are not happy with it, provided that you must have notified us in writing or by e-mail between our Acceptance of your Order and 10 Business Days after delivery of the Pack that you wish to cancel the Contract and (if already delivered) to return the Pack. The notice must be delivered by hand or sent by post to "After-Sales" at our main address stated in clause 1.1 or sent by e-mail to info@adveticus.co.uk, or sent by fax to the number stated in clause 1.1 above, in each case quoting our order reference number and delivery details. The return of the Pack must be to this address. The notice shall be deemed to have been given on the day on which it was sent.
    3. Some Product deteriorate and expire when the Inner Sealing has been broken, so we may refuse to accept your cancellation of the Contract and returns of any Packs under this clause 6, where the any Inner Sealing has been broken after delivery.
    4. If you return the Pack:
      1. we will only accept it if you return it to us with the Product and all Inner Sealing in their original condition. Please note that the Product is your responsibility and at your risk until we receive it and if you send it by post we recommend that you send it by courier and wrap it well and get a certificate of postage. You shall be responsible for paying all the costs of returning the Pack. If we have not received the Pack within 15 days of your notice of intention to return, you agree that we will be authorised to collect the Pack from you and obtain from you or your credit or debit card company our reasonable charges for the cost of collection and return of the delivered Pack under the cancelled Contract; and
      2. within 30 days of your notice of intention to return, we shall refund the payment made by you or your credit or debit card company to us for our sale of the Pack. Except where the Pack is delivered to you in error or it is defective or otherwise did not conform to the Contract, we shall deduct our reasonable charges for collecting the returned Pack from you.
  7. Faulty Product
    1. If you are a consumer, then nothing in these Terms and Conditions (including this clause 7) affects or limits your statutory rights (including without limitation the right to insist that goods that you buy from businesses must correspond with their description, be fit for their purpose and be of a satisfactory quality).
    2. To the fullest extent permitted by law, this clause 7 sets out the entire liability of us to you in respect of lost, damaged or defective Products and shall apply in lieu of all conditions, warranties, terms or obligations which would otherwise be implied by statute, common law or otherwise.
    3. We warrant that:
      1. the Products will be delivered undamaged in the quantities ordered; and
      2. the Products will conform with the manufacturer's latest published instructions as set out on the Site at the time of Order.
    4. The Products are intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site. It is the user's responsibility to ensure that he or she uses the Product and break the Inner Sealing strictly in accordance with those instructions. Without prejudice to the rest of the instructions:
      1. the Respirators must not be used 5 years beyond its "date of manufacture";
      2. the user must ensure that the Respirators are properly fitted;
      3. the Respirators contains iodine and so the user should not wear the Respirators if he or she has any medical condition that may prevent its safe and effective use (for example, without limitation, if he or she has a thyroid condition or may be pregnant). The user should consult a doctor if in any doubt as to its effectiveness or safety; and
      4. the Respirator do not work if the user has a beard or other facial hair which might impair a proper fit.
    5. You acknowledge that when used properly the Respirator does not stop infections, but it merely controls exposure to particular viruses and bacteria. It cannot be guaranteed to stop 100% of all infections with which the user comes into contact whilst wearing the Respirator.
    6. Except in respect of the manufacturer's latest published specifications as set out on the Site, all descriptions, representations, specifications, samples, colours, illustrations, photographs and other particulars on the Site or furnished or made orally by us or in catalogues, trade literature or other documents issued by us are given for general information purposes only and you acknowledge that you are not entering into the Contract in reliance upon any such description, representation, specification, sample or other particular. Nothing shall exclude or limit our liability for fraud.
    7. We try very hard to deliver Products in excellent condition. However, if you tell us that any of the Product is faulty, you agree to keep the Product in its current condition available for us to inspect within a reasonable time.
    8. If you return any of the Product, you must ensure that it is adequately packaged, insured and carriage paid. Returning the Product is at your risk. We shall not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost whilst being returned.
    9. In order to provide you with any remedies under this clause 7, we may need your assistance and prompt provision of certain information regarding the Product, including without limitation:
      1. you specifying with reasonable detail the way in which it is alleged that the Products are damaged or defective; and
      2. you providing us with delivery note number and such other information as we reasonably require.
    10. If you are a consumer and any Product is faulty or does not comply with your statutory rights (under which you have the right to insist that the Product must correspond with their description, be fit for their purpose and be of a satisfactory quality), you can choose whether you would like us to:
      1. repair or replace the affected Product; or
      2. provide a refund for the affected Product.
    11. If you are not a consumer, we shall at our option repair, replace or refund a fair proportion of the Product price in respect of delivered Products which are not in conformance with the manufacturer's latest published instructions as set out on the Site, provided that:
      1. you notify us promptly upon discovery of the defect or damage with the Product or the Inner Sealing and in any event within [one] months from date of delivery; and
      2. you notify use promptly upon discovery of the defect or damage with the Pack, Package or Outer Sealing and in any event within [one] month from date of delivery.
    12. If you would like us to repair, replace or provide a refund for the Product where it did conform to the Contract, or we find that the Prroduct has:
      1. been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
      2. been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
      3. been dealt with or used contrary to our or the manufacturer's instructions for the Products; or
      4. deteriorated through normal wear and tear; after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and our current standard fees and costs and charge this to your credit or debit card, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
    13. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for breach of Section 12 of the Sale of Goods Act 1979 or for any other liabilities that we cannot exclude at law.
    14. Subject to the rest of these Terms and Conditions, if you are a business, then the maximum aggregate liability that we shall have to you under or in respect of this Contract (whether in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise) shall be limited to all fees paid or payable by you to us in respect of the Contract.
    15. The warranty contained in this clause 7 is specifically limited to you. No warranty is made to any other person, whether subsequent buyer or user, or to any bailee, licensee, assignee, employee, agent or otherwise.
  8. Circumstances beyond our control
    1. 8.1 We shall not be liable to you for any breach, hindrance or delay in the performance of the Contract attributable to any cause beyond our reasonable control, including without limitation any Act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including without limitation electrical, telecoms or general Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
    2. 8.2 The performance of our obligations shall be suspended during the period that the circumstances persist and we shall be granted an extension of time for performance equal to the period of the delay.
    3. 8.3 Each of you and we shall bear our own costs incurred by the Event of Force Majeure.
    4. 8.4 Should any performance of obligations be delayed under this clause 8, you shall nevertheless accept performance as and when we shall be able to perform.
    5. 8.5 If the Event of Force Majeure continues without a break for more than sixmonths, either you or we may terminate the Contract forthwith by written notice to the other, in which event neither you nor we shall be liable to the other by reason of such termination.
    6. 8.6 If we have contracted to provide identical or similar Products to more than one buyer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
  9. Default, Winding Up
    1. If you:
      1. are in breach of any or your obligations under the Contract; or
      2. are unable to pay your debts or have a petition for administration or winding up presented against you or commence winding up proceedings or have a receiver or manager appointed over any of your property or assets or are the subject of a bankruptcy petition or enter into any composition with creditors generally or take or suffer any steps preparatory thereto or if any distress or execution is levied or threatened to be levied on any of your property or assets; we may terminate the Contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable.>
    2. On the happening of any of the events in clause 9.1, then if you have not paid us in full for the Products, you shall:
      1. not sell or use the Products in any way and shall immediately inform us of the occurrence of the event in clause 9.1; and
      2. immediately deliver the Products in which we have reserved property to us to our address.
    3. Termination of the Contract shall be without prejudice to any accrued rights or remedies of either you or us. Termination of the Contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
  10. Notices
    1. Subject to the rest of these Terms and Conditions, any notice or other communication required or authorised to be given under the Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter addressed to the relevant party at the address of the relevant party last known to the other.
    2. Subject to the rest of these Terms and Conditions, any notice given by post shall be deemed to have been served two Business Days after the same has been posted if you are based in the UK or seven Business Days after the same has been posted if you are not based in the UK and any notice given by facsimile shall be deemed to have been served upon receipt of an answerback signal from the receiving machine, and in proving such service it shall be sufficient to prove that the letter or facsimile was properly addressed or numbered and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or an answerback signal received.
  11. General
    1. We shall keep a record of your order and these Terms and Conditions until six years after we have Accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order and the Acknowledgement.
    2. No failure or delay by either party in exercising any right under the Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish your or our rights under the Contract.
    3. If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
    4. These Terms and Conditions, together with price, Product and delivery details agreed between you and us, contains the entire agreement between you and us in relation to the Contract. These Terms and Conditions apply to the exclusion of any contracts or terms submitted, proposed or stipulated by you.
    5. You shall not assign or transfer or purport to transfer or assign the Contract to any other person.
    6. Nothing in the Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
    7. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 in respect of the Contract.
    8. The Contract shall be governed by English law and you hereby submit to the exclusive jurisdiction of the English courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
    9. We have used our best endeavours to ensure that our supply of the Products complies with English laws. However, we make no representations and give no warranties that the Products are appropriate or available for use in locations outside of the UK. You acknowledge that if you use the Product outside of the UK this is at your risk. Anyone who orders Products from the Site does so on their own initiative and is responsible for compliance with all applicable laws. If ordering Products from the Site is contrary to or infringes any applicable law in your jurisdiction, you should not make the Order.

Version 002: July 2006

 


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