Terms and Conditions
For the purchase of goods through the Draeger Safety UK Ltd website, only for delivery within the UK
Your use of this website to purchase goods is
governed by these terms and conditions as well as our privacy policy and
website terms of use. Please read these documents carefully before using our
site or placing an order. By placing an order you agree to the terms and
conditions set out below.
Our goods are intended to be sold only within
the UK. You may not purchase any of our goods from this website if you are
under 18 years old and/ or you are accessing this website from outside the UK.
Therefore any goods purchased from this website shall only be delivered to a UK
(incl. Northern Ireland and Channel Isles) address. If your intention is to
export the goods from the UK (incl. Northern Ireland and Channel Isles), you
must comply with all relevant export control legislation.
If you live in Eire and wish to place an order,
please contact Respro (Dräger’s agent) via www.respro.ie.
Any other customers from outside of the UK
should contact their local Dräger office (click here for details) - http://www.draeger.com/index.jsp
Information on any guarantees, warranties or
after-sales services that we provide for the goods you buy is available on
request.
1. General information about us
Our name: Draeger Safety UK Limited
Our geographic address: Ullswater Close, Blyth Riverside Business Park, Blyth,
Northumberland, NE24 4RG
Our contact details: Telephone: 01670 352891 Email: Draegershop.team.uk@draeger.com
Our Company Registration No. 00777464
Our VAT No. GB897999504
Draeger Safety UK Ltd is certified to ISO 9001:2008 Quality Management
standards, and is regularly audited by recognised and respected external Notified
Bodies such as LRQA (Lloyds Register Quality Assurance) Group and the TÜV NORD
Group. In addition, Draeger Safety UK Ltd products are also certified and CE
marked to the PPE (Personal Protective Equipment), PED (Pressure Equipment
Directive) MED (Marine Equipment Directive) and ATEX Directive.
2. How to conclude a contract with us using this website
These are the steps you need to take to conclude a contract with
us:
a. Make sure you have read and understand our terms It is your responsibility
to read the legal terms on our website carefully and to raise any problems with
us before you place your order. This includes these terms and conditions, our
terms of use and our privacy policy.
b. Browse our information This website contains information about our goods
which you will need to know before you place your order including descriptions
of our goods, current prices (including VAT) and delivery costs.
The information about the goods on our website constitutes an “invitation to
treat” and is not a contractual offer from us which you may accept. This means
that we reserve the right to correct any errors in that information without
liability to you. It also means that in no circumstances will we be
contractually bound to supply you with goods on the basis of any incorrect
information, even if that information is repeated in your order.
c. Select the goods you wish to purchase If ordering from the UK, you can
select any items you wish to purchase by clicking on the “add to basket”
button. You will be taken to your shopping basket whenever you add a new item,
but you can also view the contents of your shopping basket by clicking on the
“shopping basket” button. The shopping basket screen lists your current
selection of items with description, price and current subtotal. You can edit
the contents of your basket and remove any input errors by removing items or
changing quantities.
d. Making a Purchase To purchase the items in your basket and proceed with your
order using our secure online purchasing facility, click on the “purchase
online” button on the shopping basket screen. You will then be transferred to
our secure server to complete your order.
If you would like to order goods from us but do not want to enter your credit/
debit card details on the web, you can pay for your order by cheque or over the
phone by calling 0800 088 4540. We can only accept cheques denominated in
pounds sterling and drawn on a UK bank. Cheques should be made payable to
Draeger Safety UK Limited. Your order reference number should be marked clearly
on the reverse side of the cheque. Paying by cheque will slow down the ordering
process, as we cannot process your order until your cheque has been received
and cleared.
If you are an account customer, you will be required to enter your account
details [when prompted]. You will be invoiced, your normal payment terms will
apply and your invoice “Due Date” will be calculated on your invoice. Time for
payment shall be of the essence. If you fail to pay the amount due on the Due
Date, such amount shall bear interest from the Due Date until payment is made
in full at 3% per annum over the National Westminster Bank plc base rate from
time to time.
You will also be asked to provide certain information we need to enable us to
process your order such as your preferred delivery address and payment details.
It is your responsibility to provide us with sufficient information to process
you order. We may acknowledge receipt of your order on our website or by email.
This is not our acceptance of your order, but confirmation that it has been
received.
e. Wait for acceptance of your order You may not assume we have accepted your
order until we send you an acceptance by email. Only if and when you receive
our acceptance will we have a binding contract between us.
You may receive acknowledgement from our payment processor advising you whether
or not your credit or debit card payment has been authorised. This
acknowledgement relates to your payment only and is not our acceptance of your
order.
We will be entitled to refuse to accept your order if in our sole discretion we
consider it necessary. In particular (save in respect of account customers) we
must receive payment of the whole of the price for the goods that you order
before your order can be accepted. If we refuse your order we will let you know
as soon as we can. If we accept your order we will inform you without undue
delay.
Once we have entered into a contract with you we shall supply you with the
items specified in your order in accordance with the terms of the
contract.
3. Other information about the Contract
We can only conclude the contract with you in English and not in any
other language. The contract between us will consist of (1) these terms and
conditions together with our terms of use and privacy policy, (2) your order
and (3) our acceptance. We will not file the concluded contract between us
online and you should therefore print out and retain copies of each element of
the contract.
a. Price [Unless we agree otherwise in writing with you prior to your order
being submitted to us] the prices payable for goods that you order as well as
any applicable VAT, packaging (as detailed at paragraph d below) and delivery
charges are as set out in our website.
b. Your right to cancel your contract and our returns policy [To cancel your
contract you must notify us in writing by hand delivered notice, post, fax or
email.]
[If you have received the goods before you cancel your contract then you must
return the goods in their original condition to us at the address above at your
own cost and risk. If you cancel your contract but we have already processed
the goods for delivery you must not unpack the goods when they are received by
you and you must send the goods back to us in their original condition to the
address above at your own cost and risk as soon as possible.]
[Once you have notified us that you are cancelling your contract, any sum
debited to us from your credit or debit card will be re-credited to your
account as soon as possible and in any event within thirty (30) days of
cancellation provided that the goods 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 goods delivered to you or do not pay the costs of delivery, we
shall be entitled to deduct the direct costs of recovering the goods from the
amount to be re-credited to you. ]
c. Our rights to cancel the contract We may cancel the contract between us
if:
• the goods you have ordered are unavailable for any reason; we do not deliver
to your area; or the delivery address you give us is not within the UK or; • we
know or suspect that the goods may be diverted to an embargoed destination or
sanctioned end user, or may be used in a weapons of mass destruction (WMD)
programme or in a WMD delivery system or; • one or more of the goods you
ordered was listed at an incorrect price due to a typographical error or an
error in the pricing information received by us from our suppliers or; • your
credit account with Dräger is in an overdue status. Ie. you have outstanding
overdue invoices yet to be paid.
If we do cancel your contract we will notify you by e-mail and will re-credit
to your account any sum deducted by us from your credit or debit card as soon
as possible but in any event within thirty (30) days of your order. We will not
be obliged to offer any additional compensation for disappointment
suffered.
d. Packing Unless otherwise expressly stated in writing between the parties
packing is included in the contract price and will not incur an extra charge by
Draeger Safety UK Limited. Draeger Safety UK Limited does not give any warranty
as to fitness of any packing for storage purposes.
e. Delivery of goods to you We will deliver the goods ordered by you to the
address you give us for delivery at the time you make your order. Unless the
delivery address you give us is not within the UK, in which case we will cancel
the order.
We will use all reasonable efforts to deliver the goods by the delivery dates
or within the delivery timescales stated in the ordering web pages, or our
standard delivery timescales stated on our web site, if a specific timescale
has not been stated in the ordering web pages. However, delays are occasionally
inevitable due to unforeseen factors beyond our control and therefore delivery
times are not guaranteed. Subject to the provisions of conditions 7 and 10a
(ii) below, if we do not deliver goods on the delivery date stated and we fail
to deliver within a further thirty (30) days, then you may cancel the contract
and obtain a refund of any amounts you have paid under the contract. This shall
be our sole liability and your sole remedy for late or non-delivery. For the
avoidance of doubt, time for delivery shall not be of the essence
You will become the owner of the goods you have ordered when we are in receipt
of full payment of the price in cleared funds. Once goods have been delivered
to you they will be held at your own risk and we will not be liable for their
loss or destruction.
4. Warranty
a. We hereby warrant that we shall replace or repair any product or part
of a product of Draeger Safety UK Limited manufacture which is proved to have
been defective at the time of delivery in material or workmanship, provided
such part or product is returned to Draeger Safety UK Limited Ullswater Close,
Blyth Riverside Business Park, Blyth, Northumberland, NE24 4RG within twelve
(12) Months from the date of delivery. This obligation will not apply where the
defect should be apparent on reasonable inspection and you have failed (in
accordance with condition 8a) to notify us within 10 working days of
delivery.
b. In the case of any product not manufactured by us but supplied by us, in
place of the warranty in (a) above we will pass on to you, the customer any
benefit received by them under any guarantee or warranty from the makers.
c. Except as set out in (a) and (b) above Draeger Safety UK Limited will not be
liable in contract or in tort or otherwise for any loss injury or damage either
direct or indirect or consequential sustained by reason of any defect in any
goods supplied or services performed by us or of anything done or omitted by
reason of the negligence of any person or otherwise and the warranties set out
in (a) and (b) above will be accepted in place of any condition or warranty
expressed or implied by law or otherwise.
5. Return of Goods
a. In all circumstances (save for those set out at conditions 4a and 8a)
Draeger Safety UK Limited reserve the right to refuse the return of goods which
were originally shipped to any Customer against a bespoke specification
provided by the Customer OR against a Standard Sales Orders
b. Goods which were originally shipped against a bespoke Customer specification
or via a Standard Sales Order will incur a handling charge to the Customer if
the reason for return is deemed to be outside the control of Draeger Safety UK
Limited (i.e. wrong product ordered by the Customer). The goods must be returned
within thirty (30) days of invoice date. The handling charge incurred will be
the greater of £40 or 25% of the original purchase price of the goods returned
("the Handling Charge"). [Under all circumstances a minimum charge of
£40 will be imposed].
c. Any goods returned to Draeger Safety UK Limited after thirty (30) days but
before ninety (90) days will incur the Handling Charge and an exchange of goods
– not a credit.
d. Draeger Safety UK Limited will not accept any goods returned after ninety
(90) days
e. All returned goods originally purchased from us must be returned to
Draeger’s UK address (Draeger Safety UK Ltd, Ullswater Close, Blyth Riverside
Business Park, Blyth, Northumberland, NE24 4RG), and be in a re-saleable
condition.
6. Intellectual Property
The Intellectual Property in all goods supplied by us is owned by
Draeger Safety UK Limited or our licensors. If any goods to be supplied by us
are to be made in accordance with the Customer’s specifications or instructions
the Customer will indemnify Draeger Safety UK Limited against all damages,
penalties, costs and expenses to which we may become liable or which we may
incur through complying with any such specifications or instructions, involving
a threatened or actual infringement of Copyright, Patent, Registered or
Unregistered Design, or Trade Mark.
7. Damage to Goods in Transit
Goods shall be checked, inspected and accepted by the Customer promptly
on delivery and the delivery note signed. Claims for damage in transit of the
goods will only be considered if the carriers and Draeger Safety UK Limited
receive written notification of such damage within two (2) working days of
delivery. Where the Customer has been told of the date of consignment of the
Goods you must notify us if you have not received such delivery within twenty
one (21) days of the date of consignment.
8. Our liability to you
a. Your remedy for defective or erroneous goods Save as otherwise expressly provided by these terms and conditions, if the goods we deliver are not what you ordered or contain a defect (which should be apparent on reasonable inspection) or the delivery is of an incorrect quantity, you must notify us in writing at our contact address of the problem within ten (10) working days of the delivery of the goods in question. Otherwise you will have no right to any of the remedies set out below.
If you notify a problem to us, we will, at our option: • make good any shortage
or non-delivery; or • replace or repair, at our option, any goods that are
defective; or • refund to you the whole or part of the amount paid by you for
the goods in question in whatever way we choose.
b. Limitations on our liability to you; (i) Except as set out at conditions 3e,
4, 8a and 8b (ii) and (iv) to the extent that the law permits us to do so, we
exclude all our liability to you for any direct, indirect or consequential
loss, damage or expenses (including loss of profits, business or goodwill)
howsoever arising out of any problem relating to the goods you buy from
us.
(ii) Except as set out at conditions 3e, 4, 8a and 8b(i) and 8b(iv) to the
fullest extent permissible in law, we exclude all conditions, warranties and
stipulations express (other than set out in these terms and conditions) or
implied, statutory, customary or otherwise which, but for such exclusion would
or might subsist in favour of the Customer.
(iii) If a court does decide we are liable to pay you compensation, unless
otherwise directed by the court, that compensation will be limited to the
amount paid by you for the goods in question.
(iv) Please note that nothing in this section of these terms and conditions (or
in any other section) is intended to limit any rights you might have as a
consumer or other statutory rights that may not be excluded by law, nor in any
way to exclude or limit our liability to you for any death or personal injury
resulting from our negligence of for fraudulent misrepresentation.
9. Termination
We may suspend further supply or delivery, stop any goods in transit or
terminate our contract by notice in writing to you if you are in breach of any
terms of this contract or you become unable to pay your debts when they fall
due or proceedings are commenced by or against you alleging bankruptcy or
insolvency. Upon termination, your indebtedness to us becomes immediately due
and payable and we shall be under no further obligation to supply goods to
you
10. Things you should know
a. Events beyond our control (i) If this contract or any part of it
shall become impossible to perform or otherwise frustrated we shall be entitled
to a fair and reasonable proportion of the price in respect of the work done up
to to the date of such impossibility or frustration and for this purpose any
moneys previously paid by the Customer shall be retained by us as against the
sum due to us under this provision, any balance to be repaid to the Customer or
as the case may be any deficiency to be paid to us by the Customer, we may
dispose of the goods as they may think fit, due allowance being made to the
Customer for the net proceeds thereof.
(ii) We shall have no liability to you for any failure to deliver goods you
have ordered or any delay in doing so or for any damage or defect to goods
delivered that is caused by any event or circumstance beyond our reasonable
control including, without limitation, strikes, lockouts and other industrial
disputes, breakdown of systems or network access, flood, fire, explosion, acts
of God, acts of terrorism or accident.
b. Invalidity 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.
c. Privacy You acknowledge and agree to be bound by the terms of our privacy
policy.
d. Third party rights A person who is not a party to this contract has no right
under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term
of this contract but this does not affect any right or remedy of a third party
that exists or is available apart from that Act.
e. Conditions precedent Condition 4 above is deemed to be incorporated in all
contracts made between Draeger Safety UK Limited and you, the Customer, and all
other conditions or clauses which may be inconsistent therewith shall be
treated as void to the extend of such inconsistency.
f. Governing law The contract between us shall be governed by and interpreted
in accordance with English law and the English courts shall have jurisdiction
to resolve any disputes between us.
g. Entire agreement These terms and conditions together with our terms of use
and privacy policy, your order and our acceptance set out the whole of our
agreement relating to the supply of the goods 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 goods offered for sale by us. Except for fraud or fraudulent
misrepresentation, we shall have no liability for any such representation being
untrue or misleading.
Version: 4_0 Date: June 2015 © Draeger Safety UK Ltd