PureGenex, Gemini House, 136-140 Old Shoreham Road, Brighton, BN3 7BD sales@puregenex.co.uk

Terms and Conditions

Contractual Terms and Conditions of Sale

Revision Date 1st March 2012

These Terms and Conditions

1.0. These Terms and Conditions apply to all transactions on this site. Please read them carefully. When you order you agree that you have read, understood and are happy to be wholly and completely bound by these terms & conditions.
1.1. We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on to the site (see date above). You will be asked to read, understand and accept the Terms and Conditions each time you place an order to ensure that you are familiar with the most current ones.

Our Contract

2.0. You will have an opportunity to check and correct any input errors in your order up until you click the Checkout button, or complete payment of an invoice.
2.1. After you submit an order we will give you an Order Reference Number and details of the products you have ordered. We will send the same details to you in an email acknowledging receipt of your order (Order Acknowledgement). We will then send a further email when we start to process your order (Order Processing) and at any time that we update your order.
2.2 Subject to the paragraph headed “IMPORTANT” underneath the “Prices and Payment” section below, acceptance of your order and the creation of a legally binding contract between us will only occur when you click the “Purchase” button at the final stage of the checkout process.
2.3. Once you have ordered it is incumbent upon you to complete the rental or any additional finance application process straight away. In any event if you fail to complete the application , or give cause for the application not to go ahead for any reason other than failing credit scoring you will become liable to pay the full cash price of the products that you have ordered immediately and without delay. You will be invoiced for the goods and you agree to pay this invoice by return.
2.4. Some finance, rental or advances may require further security such as personal guarantees or other such security in order to qualify for those advances. You fully and unreservedly agree to provide such security where required and if you fail to do so will become liable to pay the full cash balance of the equipment ordered.
2.5. Some lenders may offer the advance in a different form as a measure of security or one that reflects your credit status. You agree to accept alternative financial provisions so long as they are no more expensive than the combined rental price quoted on the product page Alternative products can take the form of a secured loan or a loan with personal guarantees.
2.6. Where you order and use the Yes-Cash Advance as a method of payment, you agree to use the funds from this advance solely for the purpose of paying for your order. Any surplus cash on top of the order value is to be used subject to your own discretion.
2.7. All sales are made on a business to business basis, we do not make retails sales and we do not sell to the general public or private consumers and therefore all transactions are covered by commercial law.
2.8 Ancillary components may change or be upgraded from time to time, you accept that these changes can occur and agree to accept the change. Ancillary components include brackets, facia, stands, holders, external switches.
2.9 Product photos may be example photos of similar products in the same range and as such ancillary components may vary.

Prices and Payment

3.0. All prices and charges on this site are by default in UK Pounds (GBP). They do not include any local taxes, but include delivery charges. For details see ‘Delivery and Installation’ below. You can select other currencies for the areas that we trade to.
3.1, The total cost of your order will be the price of the products you order, plus any additional services you choose e.g. installation. All of these will be set out clearly in your Shopping Basket before you submit your order. The rental price you see will be the total weekly rental cost but you will be paying monthly by direct debit. Weekly rentals are calculated based on 52 weeks per year. The monthly rental will be based on 12 equal payments of the annual cost.
3.2. Prices, offers and products are subject to availability and may change before, but not after, we accept your order. If something becomes unavailable we may offer you an alternative.
3.3. IMPORTANT: We try very hard to ensure that all information on this site is accurate. However, just occasionally an error can occur. If we discover an error in the price or description of a product you have ordered we may cancel your order at any time up to the point we send you the product(s) (even if you have received your order confirmation email). We will contact you where we become aware of an error and ask whether you wish to continue with your order at the correct price or cancel it.
3.4. We only accept BACS or TT as direct payment. All credit card payments will be processed via 3rd Party merchant services (e.g. Paypal, Streamline).
3.5 Deposits are not refundable under any circumstances.
3.6. The buyer is responsible for local taxes and sales tax.

DELIVERY AND INSTALLATION

4.0. We can deliver all large appliances to any address in the world. All deliveries must be signed for except for items sent by post and which are small enough to be put through your letterbox. Please make sure you keep the receipt enclosed with your goods.
4.1. Our prices include delivery charges and may include installation where stated.  If the price includes installation you will be informed on the product page. In cases where services are required, you are responsible for providing those services to the equipment and we will connect to those services. Services means water, power, drainage, air and any other ancillary connection required to make the equipment function.
4.2. Smaller products are generally delivered either by courier or by post. Larger items are delivered by freight movers, couriers or installation engineers.
4.3. Your delivery date will be agreed with you once your order has been processed and payment received. We only deliver on cleared funds
4.4. Standard postal and courier deliveries should arrive within 5-10 working days of receipt of cleared funds.  Some large items may take up to 8 weeks, depending upon build time, which will be advised once the order is confirmed.  To avoid disappointment, please allow a little extra time during busy sales periods. For extended bank-holiday periods like Christmas and Easter please allow 7-10 working days. In any event, we will keep you informed. Sometimes goods may be held by customs for inspection, this is totally out of our control and if it happens we will inform you. You agree not to hold us responsible for such delays if they do happen.

4.5. Please check your items when delivered, if possible before signing any delivery receipt.  Any defects or problems must be reported within 7 calendar days of the delivery taking place.  PureGenex will accept no responsibility for issues not covered by warranty that are not reported within this period.

4.6. IMPORTANT: We do everything we can to meet the delivery times specified in this section. However, these cannot be guaranteed as occasionally delivery times may be affected by factors beyond our control e.g. problems obtaining authorisation for your payment or delays in the rental application. We will inform you if we become aware of an unexpected delay. Where free products have been offered as part of a deal we will supply subject to availability and if the original offer is not available, we will supply a product of the same product type, though not necessarily the same model type.

Installation

5.0. Where installation is included in the rental or cash price, we offer a high quality and efficient installation service for all large appliances and equipment. It is subject to additional terms and conditions which you must read and agree to before you order (see below) and includes:
– We do not offer setup or instruction. Training is available at extra cost from one of our approved training partners. Any provision and agreements made by 3rd party partners is between the customer and the 3rd party partner and you agree not to hold us liable for any loss or performance issues that arise from using 3rd party partners services.
Our installation charges, where applicable, are included in the delivery charge for the product unless specified otherwise on the page.
5.1. We do not open, install and set up small appliances or other products unless expressly specified on the product page.
5.2. We are not liable or responsible for any software incompatibility issues and you accept full responsibility for ensuring that your software is compatible with any product that we or our partners supply.

Missing, Damaged or Incorrect Orders

6.0. We try very hard to ensure that you receive your order in pristine condition. If you do not receive all your products, please email support here in any event, any breakages or damage must be reported within 72 hours of delivery or the equipment will be deemed accepted in good working order and condition.

Faulty goods

7.0. Please see our warranty terms and conditions HERE.

TERMS & CONDITIONS OF SALE

(PureGenex herein after referred to as the Company)

1. INCORPORATION OF TERMS

1.1The following Terms and Conditions of Sale shall be deemed incorporated in and shall form part of all contracts involving products and services (herein after referred to as “goods” ) supplied by Puregenex. These terms and conditions apply to all goods bought/Rented on or offline.
1.2 Using the “Add To Cart” or “Purchase Orders” buttons or ordering by any other means of any order will be deemed to be acceptance by the buyer of these terms, notwithstanding anything that may be stated to the contrary in the buyer’s orders.
1.3 The following Terms and Conditions of Sale shall prevail despite any indication to the contrary by any person action or purporting to act on the Company’s behalf. Accordingly you must attain written confirmation of all variations (including all representations or understandings which may conflict with one or more conditions contained within these Terms and Condition of Sale).
1.4 All orders are fully binding.

2. PRICE

2.1 Unless otherwise stated all prices quoted are exclusive of VAT or other local taxes, which are in addition to the quoted prices. The Company reserves the right to revise its prices at any time prior to accepting on order. Receipt of order by the Company from the customer does not constitute acceptance by the Company.
2.2 The prices quoted may be revised by the Company subsequent to accepting an order in the event of any occurrence affecting delivery caused by War, Government action, variation in Customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event the Customer shall have the right to withdraw its order.

3. PAYMENT

3.1 Unless otherwise agreed in writing by the Company. Payment for goods supplied is to be made in accordance with the terms of trade agreed with the Customer at the time of ordering in accordance with any subsequent arrangements entered into and confirmed in writing by PureGenex.
3.2 Payment for goods supplied on a “cash” basis is to be made before or at the time the goods are uplifted or dispatched unless by pre-arranged lease rental or Yes-Business Loan.
3.3 Payment is due at time of order or by pre-arranged lease or rental or Yes-Business Loan
3.4. If the customer causes or gives rise to any lease, finance or rental application to be cancelled, held up, stopped or made void for any reason other than failure to meet credit criteria then the customer becomes liable for the whole outstanding cash value balance which is payable immediately upon demand.
3.5 The Customer shall not be entitled to withhold payment or to make any deduction from the contract price without the prior written consent of the Company.
3.6 Receipt of cheque, bill of exchange or other negotiable instrument by the Company shall not constitute payment and the Customer will remain liable for the full contract price until such cheque, bill of exchange or negotiable instrument is paid in full.
3.7 Goods ordered with Yes-Business loan are to be paid for within 24 hours of receipt of the loan.

4. DEFAULT

4.1 All overdue amounts shall bear interest at the rate of 2.5% per month, calculated on a daily basis from the due date for payment until the time of actual payment but without prejudice to the Company’s other rights and remedies in respect of Customers default in failing to make full payment on the due date.
4.2 The Customer will upon demand pay to the Company all moneys (including but not limited to solicitor costs, Court cost and disbursements) incurred by the Company in recovering payment of any overdue amount.
4.3 Payments by the Customer shall be applied first in the reduction of interest, liquidated damages and costs due pursuant to 4.1 and 4.2, the balance then being in reduction of any amounts due under 3.1

5. DELIVERY

5.1 Goods are offered subject to availability and the company shall not be responsible or liable in any way to the buyer for delays or defaults or consequential loss or damage arising therefrom.
5.2 Delivery of goods shall be made to the place indicated in the order or if no place is indicated then delivery shall be made to the Customers place of business as per current details of this location held by the Company. The Company will take all reasonable steps to make delivery at the time requested by the customer but shall not be responsible for delays or defaults or consequential loss or damage arising therefrom.
5.2 You agree that with the exception of the EU, all orders are deemed fulfilled once they have been shipped to the destination country and PureGenex is not liable for any actions taken by Customs services in any country.

6. CANCELLATION OF ORDERS & REFUNDS

6.1. All orders are binding and cannot be cancelled unless authorised in writing from a Director of PureGenex. Where a return is authorised by PureGenex there will be a restocking charge of 50% of the original total invoice value. The customer also agrees to cover the shipping costs associated with returns.

7. RISK AND TITLE TO GOODS

7.1 The goods shall remain the property of the Company so long as the Company is owed any money by the customer.
7.2 Risk in any goods supplied shall pass to the Customer at the point of delivery.
7.3 Until payment in full is made in terms of clauses 3.1 and 3.2;
7.3.1 All goods supplied shall remain the sole and absolute property of the Company.
7.3.2 The Customer acknowledges that he retains possession of the goods in trust for the Company as the beneficial owner.
7.3.3 The buyer shall store the goods on his premises in such a manner as to make them readily identifiable as belonging to the Company and shall display such identification as may from time to time be requested by the Company.
7.3.4 The buyer will upon demand being made by notice in writing signed by the Company of some person appointed by it for such purpose and served or posted too the buyer at its place of business registered office or residential address, assign all proceeds of the sale to the Company.
7.3.5 Where the Company has reasonable cause to believe the buyer has not strictly complied with the Terms and Conditions or that the buyer has or will commit an act of Bankruptcy or (being a Company) has had a receiver appointed or is about to be appointed or is declared or becomes insolvent, the company may repossess any or all of the goods supplied and may at any time of the day or night enter by force if necessary upon any premises where such goods are reasonably thought to be stored. The Customer shall indemnify the Company against any claims, costs and liabilities arising from the exercise of this right of entry.
7.3.6 The Customer shall reimburse the Company for all liabilities and expenses ( including legal expenses) incurred by it in enforcing or attempting to enforce any right it has pursuant to these Terms and Conditions.
7.3.7 The customer is responsible for ensuring that all equipment or services bought form this marketplace comply with local laws and legislation and agrees not to hold PureGenex liable for any breaches of such laws,
7.3.8 The customer is responsible local duties, sales tax and any other duty or requirements imposed by local Customs services and agrees that PureGenex is not responsible for any act or imposition from local Customs Services in their country. Please check that any product meets local legal requirements before ordering.

8. EXCLUSION OF LIABILITY

8.1 The Company shall not be responsible for any damages whatsoever caused either to the products supplied or as a result of the malfunction of such products in the event that such products are fitted by unqualified tradesman or if such products be fitted in any unprofessional manner and or/if such products are in any way adapted to a use to which they are not specifically intended and/or if such products be added to or repaired using components not recommended or approved by the manufacturer of such products.
8.2. The company will not accept responsibility for damage resulting from customer misuse, improper use, tampering, unauthorised modification, improper transportation or storage, or accident. The Company shall not be liable for incidental or consequential damages arising from the sale or use of goods supplied by the Company. Such damages include, but are not limited to, costs of removal and reinstallation of goods costs of testing, loss of goodwill, loss of profits, or loss of use.
8.3. You agree not to hold liable any 3rd party service provider in relation to warranty issues and you further agree to accept condition 1.2 of our warranty which can be found here . You also agree that any service provision offered by 3rd party partners is a contract between the customer and the service provider and not PureGenex.
8.4 Weights & measures may vary from time to time as those published. Please use published or advised weights and measures as an indication and not an absolute and you agree not to hold us liable for reasonable variables of up to 20%
8.5 You agree not to hold PureGenex or it’s agents or partners responsible for the effectiveness of any treatments given by you, and accept full responsibility for the effectiveness of any treatment given by you on any equipment supplied by us, except where the equipment is deemed faulty, but you do not hold PureGenex or its agents responsible for any consequential losses that may arise out of such a fault occurring.

9. Miscellaneous

9.1 Items offered in special offers may be subject to change without further notification. If the item is changed due to being unavailable you will be offered a similar product of similar specification. You accept that items offered as free incentives do not form part of the supply contract.
9.2 PureGenex will provide advice relating to the provision of treatments using the devices sold by PureGenex only. However, in doing so, the assumption is that you are qualified to use the equipment you have bought, have undergone proper training by a certified trainer and have been certified for use of the equipment. Any requests for advice or guidance relating to treatments or marketing thereof should be requested either via email, or the contact form on the website.
9.3 Governing Law – All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed and construed according to the English Law and the buyer submits to the jurisdiction of the English Courts. Each party to this order agrees that any dispute arising between them which may result in either party instituting court proceedings shall be litigated in the circuit Courts of England. These terms of trade will prevail over any condition that shall be issued by the buyer. Buyers should not rely on any representations.
9.4 Disputes will only be addressed in writing, this is to protect you and ensures transparency at all times.
9.5 Inclusion within the PureGenex Clinic Locator is not guaranteed and is at the sole discretion of PureGenex. Clinics must be deemed to be representing the PureGenex brand and providing treatments in accordance with PureGenex published guidelines at all times. Failure to comply with these requirements may result in exclusion from the Clinic Locator database.