Terms of sale

1. About these terms

These terms apply to every order you place with us through this website, by phone, by email or on a purchase order. We are Daphney Healthcare Ltd, a company registered in [England and Wales] with company number [NUMBER], whose registered office is at [REGISTERED ADDRESS]. Our VAT number is [VAT NUMBER].

Sections 1 to 10 and section 15 apply to everyone. Part B (section 11) applies only if you buy as a consumer, meaning for your own personal use or for someone you care for, and not for a business. Part C (sections 12 to 14) applies only if you buy for a business, a care provider, an NHS body or another public sector organisation.

Please read these terms before you order. If we have agreed separate written terms with your organisation, such as a framework agreement or supply contract, those terms take priority where they differ.

2. Placing an order

When you place an order we send an email acknowledging it. This does not mean we have accepted it. Our acceptance takes place when we email to confirm dispatch, or when we confirm a booking date for a service. A contract is formed at that point.

We may decline an order, for example if a product is unavailable, if there is an error in the price or description, or if we cannot deliver to your address. If we decline after taking payment, we refund you in full.

Product images and descriptions are for guidance. Packaging may change between batches. Specifications and instructions for use are provided by the manufacturer.

3. Prices and VAT

Prices are shown in pounds sterling. [State whether prices on the site include or exclude VAT.] Delivery charges are shown at checkout before you pay.

If a product is eligible for VAT relief and you are entitled to it, you may buy it without VAT by completing an eligibility declaration. You are responsible for the accuracy of the declaration. VAT relief does not apply to purchases paid for by the NHS or to supplies to non-charitable care homes. See our guide to VAT relief.

If we discover a pricing error before accepting your order, we will contact you to ask whether you want to continue at the correct price or cancel.

4. Payment

You can pay online by [payment methods] at checkout. Payment is taken when you place your order. Card payments are processed securely by our payment provider; we do not see or store your full card details.

Approved trade account customers may pay on invoice. See Part C.

5. Delivery, ownership and risk

Delivery areas, times and charges are set out on our delivery page. Any delivery date we give is an estimate unless we agree a fixed date in writing.

The products are your responsibility from the time they are delivered to the address you gave us. Ownership passes to you when we have received payment in full.

6. Inspections, surveys and installation

These terms also apply to LOLER thorough examinations, furniture site surveys and installation work we carry out.

• You must give our engineers safe access to the equipment or rooms at the agreed time, and tell us about any known hazards.
• If you need to rearrange a visit, please give us at least [48 hours] notice. We may charge a reasonable fee for a missed visit where no notice was given.
• LOLER reports record the condition of equipment on the day of examination. Where we identify a defect, you are responsible for taking the equipment out of use until it is repaired.
• Our engineers are [qualifications or accreditation]. Reports are issued within [timeframe] of the visit.

7. Bespoke and made-to-measure furniture

Some furniture is made to your specification, such as items in a chosen size, fabric or finish. We confirm the specification with you in writing before production. A deposit of [X%] may be payable when you confirm.

Once production has started, a bespoke item cannot be cancelled for a change of mind. This does not affect your rights if the item is faulty or not as described.

8. Using medical devices and products

Always use products in line with the manufacturer’s instructions, your organisation’s policies and any clinical advice you have been given. Information on this website, including our guides and product finders, is general information and is not medical advice.

If you have a concern about a product’s safety, stop using it and contact us. See safety notices and recalls.

9. Our liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable. If you are a business, see section 14.

10. Events outside our control

We are not responsible for delays or failures caused by events outside our reasonable control, such as severe weather, supplier or manufacturer shortages, transport disruption or industrial action. We will tell you as soon as possible and take reasonable steps to limit the effect. If the delay is likely to be substantial, you may cancel and receive a refund for products you have paid for but not received.

Part B. 11. Your rights as a consumer

You have legal rights under the Consumer Rights Act 2015. Products must be as described, fit for purpose and of satisfactory quality. Services must be carried out with reasonable care and skill.

• Up to 30 days after delivery: if a product is faulty, you can get an immediate refund.
• Up to six months: if a product cannot be repaired or replaced, you are entitled to a full refund in most cases.
• Up to six years: if a product does not last a reasonable length of time, you may be entitled to some money back.

Under the Consumer Contracts Regulations 2013 you also have the right to cancel most orders within 14 days, without giving a reason. Some products, such as sealed hygiene products once unsealed and bespoke items, cannot be returned for a change of mind. Full details are on our returns and cancellations page.

If you book a service and ask us to start within the 14-day cancellation period, you must pay for the work done up to the time you cancel.

Part C. 12. Trade accounts and purchase orders

Care providers, NHS bodies and public sector organisations can apply for a trade account. We may carry out credit checks and set a credit limit. We can change or withdraw credit terms with notice.

• Invoices are payable within [PAYMENT TERMS] of the invoice date, unless we agree otherwise in writing.
• Please quote your purchase order number with each order. The invoice will show it.
• If payment is late, we may suspend deliveries and charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
• Ownership of products stays with us until we have received payment in full. Risk passes to you on delivery.

13. Checking deliveries (business customers)

Please check deliveries on arrival and tell us about any shortage or visible damage within [2 working days]. Tell us about any other defect within a reasonable time of discovering it. Returns for reasons other than a defect are at our discretion and may be subject to a restocking charge. See our returns page.

14. Liability (business customers)

Subject to section 9, we are not liable for loss of profit, loss of business, loss of data or any indirect or consequential loss. Our total liability under each order is limited to the price paid for that order. These limits reflect our prices and the availability of insurance to you.

15. General

We use your personal data as described in our privacy notice. We may update these terms from time to time; the version on this page when you place your order applies to that order.

If you have a complaint, please contact us first and we will try to resolve it. These terms are governed by the law of England and Wales. If you are a consumer living in Scotland or Northern Ireland, you can also bring proceedings in your local courts.