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Legal

Terms and Conditions

 

1. Introduction:
1.1 These Terms and Conditions ("Terms") apply to the entire contents of this website under the domain name www.ultimatehealthcare.co.uk.
1.2 Please read these Terms carefully before using the website. By accessing any part of this website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave this website immediately.
1.3 Ultimate Healthcare may revise these Terms at any time. You should check this website from time to time to review the current Terms.

 

2. Use of material appearing on the Ultimate Healthcare Website:
2.1 The Ultimate Healthcare ("Ultimate Healthcare") website, its design, layout, look, appearance and graphics is the exclusive property of Ultimate Healthcare.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all images and material on this website are owned by Ultimate Healthcare. This includes all designs, layouts, look and appearance.
2.3 It is a breach of copyright to use photographic images found on any part of the Ultimate Healthcare website without gaining prior permission from Ultimate Healthcare. If you would like to use an image found on this website, please contact Ultimate Healthcare for further details.
2.4 If you breach any of these Terms your permission to use this website and any extracts of material from it terminates and you must immediately destroy any downloaded or printed extracts from this website.

 

3. Visitor Material and Conduct:
3.1 Other than personally identifiable information which is covered by our privacy policy, any material you transmit or post to this website shall be considered non-confidential and non-proprietary. Ultimate Healthcare shall have no obligations with respect to such material, and it shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any purpose.
3.2 You are prohibited from posting or transmitting to this website any material:
(i) that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or abroad; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

3.3 You may not misuse the website (including, without limitation, by hacking).
3.4 Ultimate Healthcare will fully co-operate with any law enforcement authorities or court order requesting or directing Ultimate Healthcare to disclose the identity and/or location of anyone posting any material in breach of Clauses 3.2 or 3.3 above.

 

4 Links to this Website
4.1 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
(i) you do not remove, distort, otherwise alter the size or appearance of the Ultimate Healthcare logo;
(ii) you do not create a frame or any other browser or border environment around this website;
(iii) you do not in any way imply that the Ultimate Healthcare is endorsing anything other than its own operations;
(iv) you do not misrepresent your relationship with Ultimate Healthcare nor present any other false information about Ultimate Healthcare;
(v) you do not otherwise use the Ultimate Healthcare name and logo without express written permission from Ultimate Healthcare; (vi) you do not link from a website that is not owned by you;
(vii) your website does not contain content that is distasteful, offensive or controversial, or which infringes any intellectual property rights or other rights of any person or which otherwise does not comply with all applicable laws and regulations.

4.2 Ultimate Healthcare expressly reserves the right to revoke the permission granted in Clause 4.1. If you breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate.
4.3 You agree to compensate Ultimate Healthcare for any loss or damage suffered by Ultimate Healthcare as a result of your breach of Clause 4.1.

 

5 Information Management and Security
5.1 Ultimate Healthcare will use any personal data collected during your use of the Ultimate Healthcare website in accordance with our privacy policy.
5.2 When Ultimate Healthcare asks you to submit financial information, such as your credit or debit card number Ultimate Healthcare uses industry standard technology for secure commercial transactions. This encrypts data, including your credit or debit card number. Ultimate Healthcare will not be liable for any unauthorised transactions made using your personal or financial details. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit your liability to a maximum amount. Refer to your credit or debit card agreement to check your coverage for liability.
5.3 Your dealings with any third parties via the Ultimate Healthcare website, in particular advertisers and/or merchants, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third parties, including in relation to protection and security of your personal data or financial details. You agree that Ultimate Healthcare is not liable for such dealings.

 

6 Disclaimer of Liability:
6.1 By entering the Ultimate Healthcare website you agree that under no circumstance will Ultimate Healthcare or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Ultimate Healthcare website; any person's reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Ultimate Healthcare website.
6.2 All information found on the Ultimate Healthcare website is intended for guidance only. Ultimate Healthcare will not be liable or responsible for any damage or loss caused as a result of your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Ultimate Healthcare website.
6.3 Ultimate Healthcare is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Ultimate Healthcare website or its content. All content and any of the services included in, advertised on, or available through the Ultimate Healthcare website are provided "as is" and "as available", with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms and conditions, might have effect in relation to this website.
6.4 The Ultimate Healthcare website and the Products described therein are subject to change at any time without notice.
6.5 The views expressed on the Ultimate Healthcare website do not necessarily reflect the views of Ultimate Healthcare. All content, and any advice received via the Ultimate Healthcare website, is not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions you may wish to make. Instead you should consult an appropriate professional in order to obtain specific advice tailored to your situation.
6.6 Material on the Ultimate Healthcare website may be susceptible to data corruption, interception and unauthorised amendment for which Ultimate Healthcare does not accept liability or responsibility. Ultimate Healthcare does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Ultimate Healthcare website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. Ultimate Healthcare does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Ultimate Healthcare website.
6.7 Advertisements (including banner adverts and pop-ups) featured on the Ultimate Healthcare website do not imply endorsement of Products advertised. Ultimate Healthcare will not be liable or responsible for goods and services advertised. Nor will Ultimate Healthcare be liable or responsible for any damage to your computer equipment, software, data or other property as the result of your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Ultimate Healthcare website.
6.8 The Ultimate Healthcare website may contain links to other websites. Ultimate Healthcare does not accept liability or responsibility for the content of websites, which are not under its control.
6.9 Ultimate Healthcare does not guarantee that the Ultimate Healthcare website will be compatible with all hardware and software that may be used by visitors to the site. Ultimate Healthcare will not be held liable or responsible for any damage to your computer equipment, software, data or other property as the result of your access to, use of, or browsing of any material on the Ultimate Healthcare website.
6.10 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you shall be responsible for all costs thereof.
6.11 Nothing in these Terms shall exclude any liability of Ultimate Healthcare, which cannot be excluded or under applicable law.
6.12 Subject to Clause 6.11 you enter the Ultimate Healthcare website entirely at your own risk and if you are dissatisfied with any portion of the Ultimate Healthcare website, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using the Ultimate Healthcare website.

 

7 Provision of Service
7.1 Ultimate Healthcare makes no guarantee that the Ultimate Healthcare website will be secure, continuously accessible - without interruption or delay - and completely error free 100% of the time. Ultimate Healthcare accepts no liability or responsibility for any breaches of security, interruptions or delays, or errors which you might experience on the Ultimate Healthcare website.

 

8 Jurisdiction
8.1 These Terms shall be governed by and construed in accordance with English law, and disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts. Terms and Conditions for Supply of products Over The Website

 

9. Ordering Products:
9.1 In these terms and conditions:
9.1.1 "us/our or we" means Ultimate Healthcare and any of its authorised agents; 1.1.2 "you/your" means the private individual who orders the Product(s).
9.2 If you order Products from our website payment for the Product is due in full at the time of placing the order.
9.3 Please note that if we do not receive your payment we have not received or accepted your order. If you still want the Products you will have to resubmit your order.
9.4 Upon receipt of payment in full for the Products that you order we will send you an email acknowledging receipt of your order.
9.5 Your order and payment is an offer from you to us to purchase the Products. Your order will be accepted when you receive an order acknowledgement from us.
9.6 Please note that we reserve the right to refuse any order.
9.7 If after acceptance of your order your payment is refused or is not cleared we reserve the right to refuse delivery of your Products until payment is cleared and received by us in full.
9.8 All orders placed by you are subject to these terms and conditions. You must be over 18 to place an order via our website.
9.9 If you require a delivery outside mainland UK please contact our customer service team on 0845 644 8499 or email them at: sales@ultimatehealthcare.co.uk for more information.
9.10 Illustrations, photographs, dimensions and descriptions of our Products on our website or other marketing material are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the website.

 

10 Prices:
10.1 The price payable for the Products that you order is as set out in our website.
10.2 If the price of a Product is incorrectly shown on our website or other marketing material we will either send you an email or contact you by telephone informing you of the new price and asking you if you want to proceed with your order or cancel the order.
10.3 All our prices are quoted exclusive of VAT which shall be added to the price at the point of checkout. It is possible for the customer to claim vat relief on certain products. To qualify the Customer has to suffer from an eligible disability and must tick the VAT Exemption Declaration box at the point of ordering and complete all necessary information. In the event of a VAT Exemption Declaration being deemed as unacceptable for whatever reason, the Customer will pay the due VAT amount to Ultimate Healthcare within 7 days of receiving written notice of the Declaration being rejected. If any Products do not include delivery, a delivery charge will be shown and charged separately at the point of checkout.

 

11. Payment:
11.1 You can pay for your order by credit card, debit card or cheque. We will not dispatch a Product until we have received payment from you.
11.2 If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.

 

12. Delivery:
12.1 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any Product will be dispatched. Please note that it might not be possible for us to deliver to some locations. For deliveries outside mainland UK please contact our customer service team on 0845 644 8499 or by email sales@ultimatehealthcare.co.uk.
12.2 For all orders for larger Products we are unable to specify a time for delivery at the time of order. We will contact you via e-mail or telephone to confirm when delivery is ready, confirm the method of delivery and arrange a convenient time for you to accept delivery.
12.3 If we arrange for delivery at a specific time and we are then not able to make the delivery because you are not present to accept the Products then we may charge you for the costs of the failed delivery.
12.4 We will select the most appropriate carrier for your Products to ensure your order is transported in the best possible way. This means items in your order may arrive at different times. We reserve the right to make partial deliveries.
12.5 Larger Products, including but not restricted to furniture will be delivered by a premium delivery service. Our sales team will contact you to arrange a convenient time for you to accept delivery.
12.6 Smaller Products, including but not restricted to small aids, accessories, bedding etc will be delivered by Courier.
12.7 Orders will require a signature on delivery.
12.8 Upon delivery, we will endeavour to place larger Products in the required room.
12.9 You will become the owner of the Products you have ordered when they have been delivered to you and you are responsible for their insurance and security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

13. Tracking my order:
13.1 for all Products contact our customer service team on 0845 644 8499 or by e-mail sales@ultimatehealthcare.co.uk.

 

14. If you change your mind
14.1 By law you have the right to cancel your contract before you receive the Products or return any Products to us within 7 days of receiving it provided it is unused, undamaged and in its original packaging.
14.2 If you want to cancel before your order is delivered please notify us on 0845 644 8499 or email sales@ultimatehealthcare.co.uk. If your order has already been processed for delivery we may not be able to prevent it being sent to you. You should not unpack it when it arrives and you must use our returns policy to return it.
14.3 If you have already received the Products from us and wish to return it please follow our returns policy set out below. We will refund the price of the Product (less any collection costs) provided you notify us within 7 days of receipt and the Product is unused, undamaged and in its original packaging.
14.4 Once you have notified us that you are returning the Products to us and we have received your completed returns form the cost of the Products will be re-credited to your credit or debit card as soon as possible, provided that the Products in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.

 

15. If a product is damaged or faulty
15.1 Please refer to the Product manual for care information, as it may be needed if it develops a fault. You must ensure you follow the Product Care information. Failure to do so may make the warranty invalid.
15.2 If you want to return a Product to us because it was damaged when delivered please use our returns policy. If any Product develops a fault within its warranty period please refer to our warranty returns policy. The Company will either repair or replace the product provided it is a valid warranty claim. Please send us a valid vat receipt for any return postage costs to obtain a refund for faulty or damaged goods.
15.3 We will inspect all Products returned to us as faulty. If we discover that they are not faulty we may return it to you and recharge you for the Products and the costs incurred by us.

 

16. If we have sent you the wrong products

16.1 If we send you a Product that you have not ordered please use our returns policy to inform us. If we ask you to return it to us we will refund the price and the original delivery costs and the cost of returning it to us.

 

17. Returns Policy:
17.1 If you want to return a Product, which has not been installed by us, you must do so within 7 days of the date of delivery provided it is unused, undamaged and in its original packaging. Please contact our customer service team on 0845 644 8499 and request collection. You will be given a collection number and where appropriate we will be asked to confirm the time that you want the Product collected. You must quote this number in all correspondence. For further details please refer to our Returns Policy Web Page.
17.2 We advise you to return smaller Products by a Royal Mail signed for service or equivalent secure postal method and obtain a receipt as proof of returning it to us.
17.3 Larger Products are to be returned via our carrier service. Unless the Product is faulty , damaged or incorrect on delivery we will deduct the cost of collecting it from the refund we give you. We may refuse to collect soiled or damaged Products.
17.4 If you change your mind at the point of delivery we will take the Product back at that point and we may charge you the cost of returning the product to our warehouse.
17.5 If you do not use the collection number on all correspondence it may delay our response to you.
17.6 If you return Products to us which are in a soiled or damaged state or if we collect such Products without being aware that they are soiled or damaged we may redeliver them to you and charge you costs for doing so.
17.7 Certain items will be deemed as non-returnable unless they are faulty or defective. Such products will be either bespoke or manufactured to your specific requirements such as but not restricted to non-standard access ramps, bed linen etc or products which pose a cross contamination issue when the packaging is opened.

 

18. Cancellation by Us
18.1 We reserve the right to cancel the contract if:
18.1.1 we do not have sufficient stock to deliver the Products you have ordered;
18.1.2 we do not deliver to your area; or 18.1.3 your payment is refused or is not cleared.
18.2 If we do cancel your contract we will notify you by email and refund any sum paid by you to you and where applicable to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.

 

19. Use of products:
19.1 You agree only to use the Products for their normal and proper use and not to alter or modify or otherwise interfere with the Product as this may invalidate any warranty.
19.2 You agree to follow our product care instructions as detailed on our web site, or the manufacturers instructions supplied with the Products and not to use the Products in a careless or negligent manner.

 

20. Guarantee and Warranty
20.1 Most Products supplied by Ultimate Healthcare come with a warranty. Please see our warranty page
20.2 The following are excluded from the guarantee:
20.3.1 repairs due to breakdown caused by use other than domestic by you or your family, or by deliberate damage or neglect of the Products;
20.3.2 cosmetic damage and/or non-functional parts which do not affect the normal use of the Products including but not restricted to scratches and rust;
20.3.3 damage caused by fair wear and tear;
20.3.4 work which relates to a manufacturer's recall of the Products;
20.3.5 loss suffered as a result of not being able to use the Products, or any loss other than the repair or the replacement cost of the Products.

 

21. Our Liability
21.1 If the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem in writing at our contact address within 10 working days of the delivery of the Products in question or by email sales@ultimatehealthcare.co.uk.
21.2 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow the manufacturer's instructions or using the Products in a careless or negligent manner.
21.3 Nothing in these Conditions excludes or limits the liability of Ultimate Healthcare for death or personal injury caused by Ultimate Healthcare's negligence, or for fraudulent misrepresentation
21.4 Our liability to you other than for death or personal injury caused by our negligence is to the cost or repair or replacement of the Products or refund of the price paid for the Products.
21.5 We will not be responsible for:
21.5.1 any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party.
21.5.2 any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.

 

22. Invalidity:
22.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

23. Notices
23.1 All notices from you to us must be in writing and sent to our contact address at: Ultimate Healthcare, Customer Services Department - Unit 3 Shortwood Business Park, Shortwood Court, Barnsley, S74 9NW or email address at: sales@ultimatehealthcare.co.uk and all notices from us to you will be displayed on our website from time to time.

 

24. Events beyond our control
24.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.

 

25. Privacy
25.1 You acknowledge and agree to be bound by the terms of our privacy policy and terms and conditions.

 

26. Third Party Rights
26.1 A person who is not a party to this agreement has no right under Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

 

27. Governing Law:
27.1 The contract between us shall be governed by and interpreted in accordance with English law.
27.2 All disputes arising out of or in connection with the Contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

 

28. Entire Agreement
28.1 These terms and conditions, together with our current website prices, delivery details, contact details, website terms of use and privacy policy, set out the whole of our agreement relating to the supply of the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

29. Force Majeure
29.1 Ultimate Healthcare shall not be liable for any failure to perform or delay in performance of its obligations under the Contract due to any event of Force Majeure.

 

 

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