Terms and conditions for sale of goods

Version number: 2.0
Effective date: 17th May 2023

1. Who are we?
   1. We are First Rescue Training and Supplies Ltd. Our company information is at the end of this document.


2. What this is all about?
   1. These are our terms and conditions which apply when you buy any goods via this site. (Separate terms apply to use of our site.) We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They are available in English only.


3. Consumers – definition
   1. Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.


4. Who can buy on our site
   1. You are not allowed to buy any goods via this site if you live outside the UK.
   2. You are not allowed to buy any goods via this site if your main purpose is to use them to infringe our intellectual property or other legal rights.
   3. Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.


5. Changing these terms and conditions
   1. We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.


6. important Warning
   1. You agree to ensure that: the goods are used only in accordance with the manufacturer’s instructions and with all applicable laws and regulations; and the goods are installed by someone with the appropriate skills and qualifications.
   
   
   2. You agree to carefully monitor when replacement parts, such as batteries and pads, are due for replacement – including diarising expiry dates and watching out for warning signals. We may, but do not guarantee to, send alerts for certain due dates.
      To enable us to send alerts, you must ensure you give us correct contact information and immediately update us if it changes. We are not responsible for checking or updating your contact information even if we have reason to think that it is wrong or out of date (e.g., because our message is returned). In any case, you accept the risk that for whatever reason alerts may not be correctly sent out by our service or received by the intended recipient and you agree not to rely on our alert service.
   
   
   3. While our defibrillators are generally designed to be used by anyone without prior training, in order to improve their effectiveness we recommend that: where feasible, for example in a workplace, you arrange for all potential users to receive appropriate training; and you immediately register the product with your local ambulance service and comply with their requirements / recommendations. This is especially important if the defibrillator/equipment is for public access.


7. Giving us accurate information
   1. You must ensure that your order, including delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.


8. How you enter a legal contract with us
   1. Your order is an offer to buy from us.
   2. You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and sending your order to us by clicking on the “Pay Now” button. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button.
   3. We accept your offer and there is a binding legal contract when we send you a confirmation email. However, we are not obliged to supply any goods which are unavailable, even if we have accepted your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.


9. Paying us
   1. Payment is in advance. Prices and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise. We are entitled not to send you the goods until we have received full payment in cleared funds. Where payment is processed via Clearpay you agree to be bound by their payment terms.
   2. If we charge for delivery, these costs will be shown when you place your order and may depend on the delivery method chosen.
   3. If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will provide a full refund of any payments already made.
   4. You must contact us immediately with full details if you dispute any payment.
   5. If any amount due to us is unpaid, or unjustifiably charged back, we may end this contract by giving you written notice (including email).


10. About discount codes
    1. We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
    2. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.


11. Delivery
    1. Delivery will be complete when we deliver to the address you give us when ordering. We may deliver different parts of your order on different dates.
    2. Delivery is subject to any geographical or other restrictions explained on our website. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract).
    3. Unless we say otherwise, delivery timescales on our website are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.
    4. If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the goods, we may leave them at the doorstep, hall or reception as available, or with a neighbour.
    5. If the goods can’t be delivered because you haven’t complied with this contract (e.g., giving us the wrong delivery address, not paying customs/import charges, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).
    6. This paragraph applies only if you are not a Consumer: You undertake to inspect all goods immediately on receipt and within seven days you must give notice in writing in detail of any damage or any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.


12. When you become the legal owner of the goods
    1. You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.


13. Consumer legal right to cancel (“cooling off”)
    1. If you are a Consumer, you may have the legal right to cancel this contract within 14 days of receiving the goods as further explained in the Annex at the end of this document. This right is not affected by any separate returns policy on our website.
    2. You lose the right to cancel contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery. This includes training manikins, AED batteries and electrode pads.


14. If you resell our goods
    1. You undertake to comply with all applicable laws and regulations in connection with the re-sale and promotion of the goods.
    2. You are free to free to fix your resale prices according to the applicable laws and regulations in force from time to time. If we communicate any recommended retail prices, these are indicative only except insofar as legally allowed otherwise.
    3. You undertake not to alter or modify the goods including our trade marks and branding thereon without our prior written consent unless specifically allowed by applicable law.
    4. When reselling the goods, you undertake not to do anything which would be likely to seriously damage our reputation.
    5. You undertake not without our prior written consent to make or give any promises, representations, warranties or guarantees on our behalf in relation to the goods.


15. Restrictions on our legal responsibility for goods – very important
    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
    2. The following clauses apply only if you are a Consumer: We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau. We are not responsible for any loss or damage where: there is no breach of a legal duty owed to you by us; such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business). You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.
    3. The following clauses apply only if you are not a Consumer: Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid for the goods. In no event (including for our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement. We warrant that the goods shall be of satisfactory quality. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.


16. Things we can’t control
    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.


17. Transferring this contract to someone else
    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.


18. Your personal information – see our privacy policy
    1. You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.


19. English law and courts
    1. These terms and conditions are under English law and any disputes will be decided only by the courts of the United Kingdom.


20. General but important information
    1. We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.


21. Complaints
    1. If you have any complaints, please contact us via the contact details shown below.


22. Information about us
    1. Company name: First Rescue Training and Supplies Ltd
    2. Trading names: “Defib Warehouse” / “First Rescue”
    3. Country of incorporation: England and Wales
    4. Registered number: 07273214
    5. Registered office and contact address: Corner Farm, Moor Lane, South Duffield, North Yorkshire, YO8 6TA, UK
    6. Contact email address: sales@defibwarehouse.co.uk
    7. Other contact information: See our website/contact page
    8. VAT number: 996 7896 14

ANNEX

CONSUMER LEGAL RIGHT TO CANCEL THIS CONTRACT (“COOLING OFF”)

The following applies if you have the legal right to cancel this contract (as explained above):

Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day:
   a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
   b) in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

3. To exercise the right to cancel, you must inform us, First Rescue Training and Supplies Ltd, Corner Farm, Moor Lane, South Duffield, North Yorkshire, YO8 6TA, UK, email address above, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7. We will make the reimbursement without undue delay, and not later than: a) 14 days after the day we receive back from you any goods supplied, or b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
9. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
10. You will bear the direct cost of returning the goods.
11. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To First Rescue Training and Supplies Ltd, Corner Farm, Moor Lane, South Duffield, North Yorkshire, YO8 6TA, UK, email address above:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date

[*] Delete as appropriate