Online Terms and Conditions

By using or accessing our website and/or placing any order(s), you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use or access our website or place orders.

These terms relate to sales over the Internet and over the phone with www.hsguk.com

The contract made by you on-line with us incorporates these terms and conditions, which shall prevail over any and all terms and conditions, proposed by you.

You should not proceed with your purchase until you have read and agreed to these terms and conditions.

Definitions

‘The Company’
Hygienex Limited (trading as www.HSGUK.com) – Hygienenx Limited t/a HSG UK

Registered address
Unit 19 Victoria Way
Pride Park
Derby
DE24 8AN

Email: info@hsguk.com

Company number – 06447301
Vat number – 923 3857 14

‘The Customer’;

The person, company or organization purchasing goods or services from ‘The Company’, as shall be entered within the ‘customer’ section of all Company sales order/ecommerce/invoice documentation.

General Terms

By using this website you agree to our terms and conditions. From time to time we may need to make changes to the terms and conditions, so please take a moment to check these when you access or use the website.

Nature of Website

Our website allows you to review and order products, for delivery. Details of our range of products and services are provided.

Whilst we make every effort to ensure that the information contained within this website is correct, we cannot guarantee or give any warranty as to its accuracy.We reserve the right to make changes or amendments, discontinue or suspend any product, service or aspect of our website including your access to it. All of the products and services on the website will be subject to the standard terms and conditions unless otherwise stated.

The terms and conditions currently available on this website replace any other previous versions.

Our website is only available to individuals who can form legally binding contracts under applicable law. Those individuals must be over 18 years old to use our methods of payment. If you do not qualify you may not place an order for products or services.

The website is published on an “as is” basis. We accept no liability for functions contained within the website and make no guarantee that the site will operate uninterrupted, error free or that any defect will be corrected.

We do not guarantee that our website will be compatible with your computer or that the server will be free of errors, viruses or worms. We shall not be liable for any damage you may suffer as a result of any of the above.

Our website contains links to other websites. When you access another website via one of these links you understand this it is independent of us and that we have no control over the content or availability of that website.

Copyright

This site and all materials text, code, content, software, photographs, illustrations, artwork, links contained in it or linked to it are protected by copyright, trademarks and other intellectual property rights owned or licensed by us. Any person using this website is welcome to view this website but not copy, re-use or re-produce any elements of content or site without written permission.

Any links to this website must be authorised by us before they are created.

You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to tamper with, hack into or otherwise disrupt any computer system, server, website, router or any other Internet-connected device.

Links from our Site

There may be links that will let you leave this site or that will let you access this site from third party sites. Linked third party sites are not under the control of The Company and The Company is not responsible for the content of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by The Company in favour of such sites or the products or services contained in any linked site. To the extent that this site contains links to, or may be accessed from outside services and resources, the availability and content of which The Company does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.

You must not establish a link from any website that is not owned by you.

If you wish to make any use of material on our site other than that set out above, please send your request to us at info@hsguk.com

Limitation of Liability

You acknowledge that your use of our website and its content is at your own risk. If you are dissatisfied with this site, its content or these conditions then your only remedy is to end your use of the website.

We shall have no liability to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even where we have been advised of the possibility of the same.

SITE CONTENT: DISCLAIMER AND LIMITATION OF LIABILITY

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIAL OR GRAPHICS ON THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY EXCLUDES ALL WARRANTIES, OBLIGATIONS, REPRESENTATIONS, LIABILITIES, TERMS OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, OR ARISE IN CONTRACT, STATUTE, OR OTHERWISE, AND IRRESPECTIVE OF THE NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES OR AGENTS) IN CONNECTION WITH THE INFORMATION ON THE SITE.

THE COMPANY MAKES REASONABLE EFFORTS TO PLACE ACCURATE, CURRENT CONTENT ON THIS SITE. HOWEVER, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR LOSS OF USE, DATA OR PROFITS, LOSS OF BUSINESS PROJECTS OR OPPORTUNITY OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON INFORMATION ON THE SITE OR INABILITY TO USE THE SITE OR ANY OF ITS CONTENTS OR ANY DELAYS IN THE PROVISION OF INFORMATION OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF USING THE SITE.

The Company does not warrant that the functions contained in this site or its content will be uninterrupted or error-free, that defects will be corrected, or that the site or its server are free of viruses or other harmful components.

Please note that the information, materials and graphics available on this site may be incomplete, out of date or incorrect. The information, materials and graphics available on this site may be subject to change without notice.

Transmission and Feedback of Information

Any information you transmit through this site is subject to The Company’s privacy policy and remains property of The Company. You are prohibited from transmitting to this site any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law.

You agree that The Company may use and/or disclose information about your demographics and use of the site in a manner that does not reveal your identity.

Termination

This Agreement is effective unless and until terminated by either you or The Company. You may terminate this Agreement at any time. The Company may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if according to The Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement either by you or The Company, you must promptly destroy all materials downloaded from this site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.

Severance and Waiver

If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.

Entire Agreement

Except as provided herein, these terms and conditions are the entire Agreement between us and supersede any prior understanding or Agreements (written or oral).

Third Party Rights

Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of this Agreement or any Agreement entered into in connection with it.

Important Please Read

Terms and Conditions of Sale

“We”, “us” and “our” refers to [legal entity entering into the contract and its address].

“You” refers to the customer who pays for the product [and signs [name of document]].

“This Agreement” refers to the [order you have placed and signed] and these terms and conditions.

Prices

All prices listed are in pounds sterling (GBP) and are inclusive of delivery costs and VAT, unless otherwise stated.

We may amend the price of a product at any time. The price you pay will be the price advertised at the time you place your order.

The price on your order will be validated on order entry. Should a pricing discrepancy arise we will inform you if a product’s correct price is higher than the price stated on your order. You may choose to cancel your order at this point.

Discounted prices can be requested for bulk or multiple deliveries. Please contact our Sales department for more information.

Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced

Risk and Title

Ownership of products will pass to you on delivery.

Our Agreement

We will acknowledge receipt of your order(s) as soon as possible by e-mail. A binding Agreement arises once we accept your order and we will then charge your credit/debit card. Acceptance of your order(s) occurs once we have despatched your goods.

Product Availability And Illustrations

All items are subject to availability. We cannot guarantee availability. If the goods are unavailable we will contact you with suggestions of alternative goods with an equivalent quality and price.

We will endeavour to deliver the goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes out of our control.

Any dates that we specify are approximate and we will not accept any responsibility for losses, costs, damages, charges or expenses caused by any delay of the delivery of the goods.

Please allow enough time for the products to be delivered and inspected before booking tradesmen. We cannot be held responsible for out-of-pocket expenses resulting from products being unavailable or a delay in delivery.

Whilst we have taken great care to present an accurate representation of the products available chair colours and the actual products may vary from the illustrations on the website. Colour swatches for chairs are available on request.

After Delivery

Please take time to check the product and all its parts in full within 24hrs of product receipt.

Any shortages, damage or manufacturing faults should be reported to our customer services team 0800 032 7760. We may also ask for photographic evidence of any damages, you can email us at info@hsguk.com within 24hrs of product receipt. In most cases customer services will resolve the problem by sending a new part or arranging a specialist repair team to repair any faults.

Where the product has been partially assembled, we will assume that all parts were present and correct at the time of delivery and no refunds or replacements will normally be available.

Any problems reported after the specified time can be resolved but may be charged at a cost of the product or part and delivery. Costs will be confirmed on request.

On Assembly

Some of our products will require assembly.

Please follow the assembly instructions. There will be no refunds or replacements for incorrect installation or assembly.

As we assume that products that have been installed, assembled, painted or modified in any way were not defective at the time of delivery, no replacements or refunds will normally be available for such products.

If you experience any other problems whilst assembling your product contact our customer services team on 0800 032 7760

Cancellations

You may cancel/amend your order with us and receive a full refund up to the day prior to delivery, at no charge.

You have seven working days from the day after you receive the goods to cancel your order. Please read our refund policy below for full details. You are advised to check the status of the order before requesting cancellation. Cancellations must be confirmed in writing by fax, letter or email.

Returns

It is our normal policy to supply replacement parts or to repair defective products.

In the event that we agree to collect a defective product from your premises (which product cannot be assembled or partially assembled), an authorisation letter will be sent, which will include product labels. The labels must be completed and attached to the product. Failure to do so will result in an aborted attempt to collect the product. Where collection is aborted for reasons unconnected with us or our carrier, a collection charge of £40 must be paid before recollection is attempted.

On return of the product, if it has been modified in any way (painted/treated/assembled) then the refund will be refused.

The Consumer has a duty of care for the products during the cancellation period, if we feel that goods have been maliciously handled by the consumer then a refund will be refused.

Statutory Rights and Liability

Your statutory rights are not affected by these terms.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.

Our liability for defects in the product itself is limited to repair or replacement of the defective part. We will replace the product only where such repair or replacement is impossible because of the nature or severity of the defect(s).

We shall not be liable in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation (excluding fraudulent misrepresentation) or otherwise arising in connection with the performance or contemplated performance of our Agreement with you, for loss of profit, loss of business or revenue, loss of anticipated savings, depletion of goodwill or any third party claims (save in respect of death or personal injury) or any indirect or consequential loss or damage, which arise out of or in connection with our Agreement with you.

General

You shall not be entitled to assign this Agreement with us or any part of it.

We reserve the right to delay the completion of any of our contractual obligations if we are hindered or prevented from doing so due to circumstances beyond our reasonable control, provided that, if the circumstances in question continue for a continuous period in excess of 120 days, either party shall be entitled to give notice in writing to the other to terminate the Agreement.

If any provision of this Agreement shall be held to be illegal, invalid or unenforceable in whole or in part, either under enactment or rule of law, such provision or part shall to that extent be deemed not to form part of the Agreement but the legality, validity and enforceability of the remaining provisions of the Agreement shall not be affected.

Any waiver by us of any breach of, or any default under, any provision of this Agreement by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other conditions of this Agreement.

No term or condition of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the Agreement and you and we may exercise, without the consent of any third party, any rights you and we may have to amend or rescind this Agreement.

This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.

Refund Policy

In compliance with the above regulation you have a cooling off period where you may withdraw your order and therefore your Agreement with us. The cooling off period is any time up to seven working days after the day we have delivered the product to you. You must cancel your order in writing either by fax, letter or email.

If the Goods are returned for any other reasons than being defective then you will be obliged to arrange and pay for the cost of returning the Goods to us.

The product must be in its delivered form and must not have been tampered with in any way.

The product will be inspected on return to ensure that the product has not been tampered with and is complete. If we deem that the product is not of the above standard we shall deduct a reasonable amount to cover any costs to use or return them to you if reasonable care has not been taken whilst the goods are in the consumers possession

Where a refund is to be paid we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective product.

Any products that are special order, bespoke or purchased in bulk are not subject to the cooling off period.

Communications

When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Complaints Procedure

In the unlikely event you wish to make a complaint please contact us via email: info@hsguk.com

We shall make a full investigation of your complaint and will aim to contact you within five working days of receipt of your letter.

This guarantee is in addition to any terms and conditions implied by law and nothing in these terms affects your statutory rights.

Contacting Us

0800 032 7760
info@hsguk.com

Response Times

All enquiries via email (including complaints) will be dealt with within 48hrs of receipt excluding Weekends and Bank Holidays.

Notices

All notices given by you to us must be given to sales info@hsguk.com

We may give notice to you at either the e-mail or postal address provided by you when placing an order. Notice will be deemed received and properly served 24 hours after posting on our website, 24 hours after an e-mail being sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Data Protection

Our carrier will hold details of your name and address for the purpose of delivery of the product and to verify that delivery took place. We will hold details of your name and address in connection with the product delivered to you.

Events Outside of our Control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks.

The acts, decrees, legislation, regulations or restrictions of any government.

We reserve the right to delay the completion of any of our contractual obligations if we are hindered or prevented from doing so due to a Force Majeure Event, provided that, if the circumstances in question continue for a continuous period in excess of 120 days, either party shall be entitled to give notice in writing to the other to terminate the Agreement.

Waiver

If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph above.

Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Security and Data Protection Agreement

These terms and conditions and any document expressly referred to in them represent the entire Agreement between us in relation to the subject matter of any contract and supersede any prior Agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Right to Vary Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

Third Party Security and Data Protection Rights

No term or condition of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the Agreement and you and we may exercise, without the consent of any third party, any rights you and we may have to amend or rescind this Agreement.

Law and Jurisdiction

Contracts for the purchase of products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.