Modern Medical Devices General Terms & Conditions
1. INTRODUCTION
Welcome to Modern Medical Devices website. The website is owned by Modern Medical Devices LTD (“we”, “us”, “our”).
Please read these conditions carefully before using our website.
These Website Terms And Conditions (these “Terms” or these “Website Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
We reserve the right to change the content of this Website at any time. We also reserve the right to suspend access to this Website or close it indefinitely at any time without previous notice. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. INTELLECTUAL PROPERTY RIGHTS
Under these Terms, Modern Medical Devices and/or its licensors own all rights to the intellectual property and material contained in this Website unless otherwise stated, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. RESTRICTIONS
You are expressly restricted from all of the following unless authorised by us:
• publishing any Website material in any media;
• selling, sub-licensing and/or otherwise commercialising any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is, or may be, damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
• using this Website to engage in any advertising or marketing;
Certain areas of this Website may be restricted from access by you and Modern Medical Devices LTD may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. YOUR PERSONAL ACCOUNT
You are responsible for ensuring that the information provided to create your account is true, accurate and up to date. You shall update your details in case your personal information changes. This can be done through ‘My Account’ page.
Under these Terms, you agree to take any measures necessary to prevent unauthorised use of your account and agree to accept responsibility for all activity carried out under your account or password. We are not responsible for any loss that might occur due to your password being compromised.
We reserve the right to suspend or terminate accounts, without prior notice, if you violate these Terms or any other policy, or if we think it is in our best interest to do so.
5. NO WARRANTIES
This Website is provided “as is,” with all faults, and Modern Medical Devices LTD makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. THIRD PARTY LINKS
This Website may contain links to websites owned and operated by third parties. Links appearing on this Website are provided for your convenience and are not an endorsement by Modern Medical Devices LTD. We are not responsible for the content and availability of these external websites. If you decide to access any of these third party links, you do it at your own risk and you should read these sites’ terms.
7. LIMITATION OF LIABILITY
In no event shall Modern Medical Devices LTD, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Modern Medical Devices LTD, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
8. INDEMNIFICATION
You hereby indemnify to the fullest extent Modern Medical Devices LTD from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
9. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. PRIVACY
You agree to read and be bound by the terms of our Privacy Policy. It can be found here.
11. VARIATIONS OF TERMS
Modern Medical Devices LTD is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
12. ASSIGNMENT
Modern Medical Devices LTD shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
13. ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Modern Medical Devices LTD and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
14. GOVERNING LAW & JURISDICTION
These Terms will be governed by and construed in accordance with the laws of England and Wales, and you submit to the non-exclusive jurisdiction of the courts located in England and Wales for the resolution of any disputes.
Terms of Sale
THE CONTRACT BETWEEN US
The following Terms of Sale explain the rights and obligations of both parties when you make an order from us.
In order to accept your order, we must receive payment of the whole of the price for the goods that you order. Then, we will confirm that your order has been accepted by sending an email to you at the email address you provide when you create an account with us or the email address provided in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
The products provided as a result of this contract, including samples or any other additional gifts, are for personal use only. You may not sell or resell any of the products provided by us or use them for any commercial or business purposes.
This contract shall only be valid if you can lawfully enter into a binding contract and you are over 18.
1. PRICE PAYABL
2.1 The products you ordered will be delivered to the address you provide when you make the order. We might not be able to deliver to certain areas or countries.
2.2 Delivery will be made as soon as possible after your order is accepted by us, but this will depend on the delivery option you choose when you make the order. In any event, we will deliver the products within 30 days after the day on which you make the order.
2.3 Once the goods are delivered to you, you will become their owner and they will be held at your own risk. From this point, we will not be liable for their loss and/or destruction.
3. YOUR RIGHT TO CANCEL THE CONTRACT
3.1 As a consumer, you have the right to cancel your contract with us at any time within 14 days from the date you receive the goods. You can cancel the contract without giving us any reason for doing so and without incurring any liability.
3.2 To cancel your contract, you must notify us of your decision. To do so, you can write us an email with your order details to the email address info@mmd1.co.uk. You will be sent an email to confirm the cancellation.
3.3 Once you notify us, you must send the goods back to us and we will refund you the price paid for the goods as soon as possible and in any event within 14 days from the date we receive the goods. Alternatively, we will refund you within 14 days from the date you provide us with evidence that you have sent the product(s) back to us. The reimbursement will be made using the same means of payment used when you purchased the products. If vouchers were used to pay for the products we may refund you in vouchers. Please note we are allowed by law to deduct from your refund any reduction in the value of the goods as a result of handling of the goods by you beyond what is necessary to establish the nature, characteristics and functioning of the goods. According to The Consumer Contracts Regulation 2013, the sort of handling that goes beyond what might reasonably be allowed in the store.
3.4 Alternatively, you can choose to hand the products over to a person authorised by us to receive them.
3.5 If you do not send the products back to us or provide us with evidence of having done that within 14 days after notifying us you want to cancel the contract, we shall be entitled to withhold payment of any refund.
3.6 Please note your right to cancel the contract does not apply when the products you want to return are personalised and made to your specifications.
3.7 If you receive the products before you cancel the contract, then you must send them back to our contact address at your own cost and risk. The goods must be returned no later than 14 days after the day on which you notify us that you want to cancel the contract and in their original packaging if possible.
If you purchase our products from any of our partners, these Terms will not apply. Please refer to their respective return policies.
Under the Consumer Rights Act 2015, we have the legal obligation to provide goods that are as described, fit for their particular purpose and of satisfactory quality. If any of the products you receive from us is faulty, we will be happy to offer you a refund of the amount you paid for the goods, or alternatively, a replacement for the faulty products.
4. CANCELLATION OF THE CONTRACT BY US
4.1 We reserve the right to cancel the contract between us in any of the following circumstances:
• You do not have the legal capacity to enter into a binding contract for the sale and purchase of the goods as specified in clause 1.3
• We do not have enough stock to deliver the goods you order.
• We are not able to deliver to your area or country.
• An engraved message on a personalised product is found to be offensive by us.
• If for any reason, any of the products you ordered was listed at an incorrect price.
4.2 If we decide to cancel your contract, we will notify you by email and will refund any sum you paid for the products. We will try to refund you as soon as possible but in any event within 30 days of your order. Please note we will not be obliged to offer you any further compensation for disappointment or inconvenience suffered.
5. LIABILITY
5.1 In case the goods we deliver are damaged, faulty, of an incorrect quantity or not what you ordered, we shall have no liability to you unless you notify us of the problem within 7 working days of the delivery of the products in question. To notify us login to your account and report an issue with your order. Alternatively contact our customer service.
5.2 If you do not receive the products you ordered within 30 days of the date on which you made the order, we shall have no liability to you unless you notify us of the problem within 40 days of the date on which you made the order.
5.3 When you notify us a problem under clauses 5.1 and 5.2, you will be able to choose any of the following: a refund of the amount you paid for the products, a replace for any product that is faulty, or a reorder.
5.4 SAVE AS PRECLUDED BY ANY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, BUSINESS OR GOODWILL OR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES HOWSOEVER ARISING OUT OF ANY PROBLEM YOU NOTIFY TO US UNDER THIS CONDITION AND WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID BY YOU FOR THE GOODS IN QUESTION UNDER CLAUSE 5.3 ABOVE.
5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. WE MAKE NO REPRESENTATION AND ACCEPT NO LIABILITY IN RESPECT OF THE EXPORT OR IMPORT OF THE GOODS YOU PURCHASE.
6. COMPLAINTS
6.1 If you want to complain about your online order, you may contact us at: info@mmd1.co.uk or write to us at: Unit 2.1, Building A Wembley Commercial Centre, East Lane, Wembley, United Kingdom, HA9 7UR.
7. EVENTS BEYOND OUR REASONABLE CONTROL
7.1 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, LOCK-OUTS AND OTHER INDUSTRIAL DISPUTES, BREAKDOWN OF SYSTEMS OR NETWORK ACCESS, FLOOD, FIRE, EXPLOSION OR ACCIDENT.
8. INVALIDITY
8.1 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.
9. PRIVACY
9.1 You agree to read and be bound by the terms of our privacy policy. It can be found here
10. GOVERNING LAW
10.1 The contract between us shall be governed by and interpreted in all respects in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
11. ENTIRE AGREEMENT
11.1 These Terms of Sale, along with our website Terms of Use, prices and delivery details, contact details and privacy policy, set out 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 the aforementioned terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.
Prices & Payment
Shipping policy
The following terms and conditions along with Clause 2 of our Terms of Sales constitute our shipping policy.
DOMESTIC SHIPPING TO THE UK
At the moment we offer different 1st Class and 2nd Class delivery options. 1st Class will usually be delivered next working day, although this can depend on the time the order is dispatched. 2nd Class will typically take 2-3 working days and it would be free of charge for orders valued £40 or above:
| Delivery Type | Cost |
|---|---|
| 1st Class (Next Working Day) up to 1kg | £3.45 |
| 1st Class (Next Working Day) up to 2kg | £5.45 |
| 1st Class Tracked (Next Working Day) up to 1kg | £5.46 |
| 1st Class Tracked (Next Working Day) up to 2kg | £7.8 |
| 2nd Class (2-3 Working Days) | £2.95 |
| 2nd Class Tracked (2-3 Working Days) | £4.74 |
| 2nd Class (2-3 Working Days) £40 or above | FREE |
INTERNATIONAL SHIPPING TO EUROPE
We now offer delivery to European countries. Delivery cost is calculated based on the weight of your order. The following tables show the delivery rates:
EU Countries
| Weight in Kg (up to) | Standard Delivery | Tracked Delivery |
|---|---|---|
| 0 – 0.1 | £4.3 | £10.86 |
| 0.101 – 0.200 | £4.6 | £10.98 |
| 0.201 – 0.5 | £6.45 | £12.9 |
| 0.501 – 0.750 | £7.75 | £14.22 |
| 0.751 – 1 | £8.75 | £15.18 |
| 1.01 – 1.25 | £9.55 | £15.96 |
| 1.251 – 1.5 | £10.7 | £16.98 |
| 1.501 – 1.75 | £11.5 | £17.4 |
| 1.751 – 2 | £11.9 | £17.64 |
Non EU countries
| Weight in Kg (up to) | Standard Delivery | Tracked Delivery |
|---|---|---|
| 0 – 0.1 | £4.3 | £9.05 |
| 0.101 – 0.200 | £4.6 | £9.15 |
| 0.201 – 0.5 | £6.45 | £10.75 |
| 0.501 – 0.750 | £7.75 | £11.85 |
| 0.751 – 1 | £8.75 | £12.65 |
| 1.01 – 1.25 | £9.55 | £13.3 |
| 1.251 – 1.5 | £10.7 | £14.15 |
| 1.501 – 1.75 | £11.5 | £14.5 |
| 1.751 – 2 | £11.9 | £14.7 |
Please note we currently do not offer delivery for large orders weighting more than 2 kgs.
INTERNATIONAL SHIPPING OUTSIDE EUROPE
At the moment we offer international standard and tracked shipping outside Europe to Canada and the United States for orders up to 2kg. These deliveries will usually take 6-7 working days and the delivery fee will depend on the weight of the order. The following tables show the applicable fees:
International Standard & Tracked
| Weight in Kg (up to) | Standard Delivery | Tracked Delivery |
|---|---|---|
| 0 – 0.1 | £5.05 | £9.8 |
| 0.101 – 0.200 | £5.8 | £10.35 |
| 0.201 – 0.500 | £8.9 | £13.3 |
| 0.501 – 0.750 | £11.45 | £15.6 |
| 0.751 – 1 | £13.6 | £17.6 |
| 1.01 – 1.25 | £14.6 | £18.25 |
| 1.251 – 1.5 | £16.1 | £19.15 |
| 1.501 – 1.750 | £17.3 | £19.9 |
| 1.751 – 2 | £18.1 | £20.15 |
Please note we currently do not offer delivery for large orders weighting more than 2 kgs.
ORDER PROCESSING
You will receive a confirmation email once your order has shipped. From this point you will not be able to make any change to your order or delivery address.
Orders are processed daily from Monday to Friday and no orders are processed or delivered during weekends or holidays.
Please make sure the delivery address is correct. It is the customer’s responsibility to check all delivery address details are correct before completing the purchase. Orders that go missing or are delivered to an incorrect address cannot be retrieved or replaced by us, if the delivery details were incorrect.
If your item is returned to us undelivered for any reason, you will need to pay the full postage cost to have your order resent to you.
Please note we might experience delays depending on the volume of sales. In this case, we ask you kindly to allow a few more days for delivery.
RETURNS
Please find more information about our returns policy in the Clause 3 here.
Privacy policy
Modern Medical Devices LTD (“we”, “us”, “our”) respects your privacy and share your concerns about how your data is used.
This Privacy Policy describes what personal data we collect and how we use it, for how long we keep your personal data and with whom we share it, and your rights regarding that personal data and how you can exercise them.
We are committed to protecting your privacy taking the necessary measures to do so and we comply with the applicable law regarding data protection, in particular, the General Data Protection Regulations 2018 (GDPR). The GDPR is the EU regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, enforceable from 25 May 2018. The security measures we implement are designed to prevent unauthorised and unlawful access, processing, modification and disclosure of any data, as well as, against its accidental destruction, loss and damage.
This policy might be updated from time to time. Please make sure you check it regularly and that you are familiar with it.
LEGAL BASIS TO USE PERSONAL DATA
We will process your data in the following cases:
• We need your data to meet our contractual obligations, e.g. when you purchase any product.
• We have your consent to process your data for a specific purpose, e.g. when you subscribe to our newsletter.
• We have a legitimate interest in processing your data, e.g. marketing and research activities.
DATA WE COLLECT
We gather information about website visitors in order to offer a better online experience and offer them specific products and services. It also enables some website functionalities to work appropriately. Additionally, collecting data allows us to analyse and understand how the website is used so we can improve our service and offer visitors relevant information.
Data is collected automatically or provided by visitors. When a visitor enters our website, mobile apps or social media platforms, its IP address is gathered. The IP address only identifies the device used to access our website, mobile apps or social media platforms, and it does not identify the visitor as an individual.
Data is also gathered when visitors choose to create an account, fill out online forms, participate in offers and promotions or make a purchase. We will always ask for permission to contact you about products, offers, promotions, and/or other services we think might be relevant to you. This is typically done by ticking the appropriate box in online forms. You can opt-out of marketing communications at any time. Data provided by visitors might include:
• Name and surname
• Personal address
• Contact information, including phone number and email address
• Payment information
• Any other information created by visitors, i.e. survey responses, comments or purchase history
HOW DATA IS USED
Collected data is used in a variety of ways.
• To create and manage visitors’ online accounts
• To carry out the purchasing process
• To understand how the website is used
• To manage loyalty programs
• To personalised the website and offer relevant information
• To communicate with you about promotions, offers, contests and surveys
• To solve enquiries, returns and refunds
• For internal records, market research and product development
Collected data is only shared with our corporate affiliates and other parties that are necessarily involved in the fulfilment of orders. Otherwise, we will only share your data if there is a legal requirement to do so.
Online payments are made using a secure online payment gateway that encrypts your card details and cannot be accessed by us. All transactions are processed by a reliable payments service provider. Your data will be processed for the duration of our contractual relationships and it will be stored for a reasonable period after which it will be completely erased.
COOKIE POLICY
CA cookie is a small text file placed on your computer’s hard drive by the websites you visit. It allows us to work more efficiently and show you tailor-made content according to your preferences. We will always ask for permission to use cookies.
Your browser allows you to disable cookies although some functionalities of the website might not work in case you do it.
THIRD PARTY LINKS
We may provide links to websites owned and operated by third parties for your convenience. These websites have their own privacy policies that might differ from ours and we are not responsible for any information you might provide them.
Please refer to the privacy policy of these websites before disclosing any personal information.
YOUR RIGHTS
As a consumer you have the following rights:
• Right of access: you can request a copy of the personal data we process about you.
• Right of rectification: you can request to have inaccurate and/or incomplete personal data rectified and/or completed.
• Right to erasure: also known as the ‘right to be forgotten’. You can request to have your personal data erased in certain circumstances.
• Right to restrict processing: you have the right to restrict the processing of your personal data in certain circumstances. This is an alternative to you requesting the erasure of your personal data.
• Right to data portability: you have the right to receive your personal data you have provided us in a structured, commonly used and machine readable format. You have also the right to request us to transmit this data directly to another controller.
• Right to object: you have the right to object to the processing of your personal data if it is for direct marketing purposes.
• Rights in relation to automated decision making and profiling: you have the right to object to automated processing.
You may exercise these rights contacting us as indicated below. Please note that for security reasons we might ask for proof of identity when you request access to your personal data. We will accept a copy of any of the following documents provided it is not expired: ID card, passport or driving licence.
You also have the right to lodge a complaint with a supervisory authority, such as the Information Commissioner’s Office (ICO).
CONTACT US
If you have any comments, questions or want to exercise your rights, please contact us:
Email: info@mmd1.co.uk
