Terms & Conditions
EMS Shop is an online, service providing educational and support information, and links to enable online purchase transactions. EMS Shop is a website operated by Blurbox.
When you buy a product listed on EMS Shop, you will be redirected to a carefully chosen partner site to complete your purchase. We advise that you read the site terms and conditions before purchasing your products. Where the partner site is PayPal abides by the terms and conditions set out by PayPal.
If you have any queries or would like to get more information, please contact us on 0800 061 2994, Monday to Friday, 9am to 5.00pm.
In some areas you will have different rights under these terms and conditions depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to businesses only are underlined.
1 THE WEBSITE
The website is made available free of charge.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We reserve the right to change data, references, product specifications, pricing or otherwise amend the content, in full or in part, at any time without notice.
2 ORDERING ONLINE
You can browse products and educational support information on EMS Shop.
If you decide to purchase a product, click on ‘BUY NOW’ and you will be redirected to an online retailer site PayPal where you will then be able to place the product in your basket and follow the checkout procedure. From time to time, products are sold through other online retailer partners, who will be clearly identified prior to redirecting you to their site. In some cases, such as Amazon.co.uk, the partner site acts as our agent and your contract of purchase is with us. In other cases, the partner site is our distributor and your contract of purchase is with the partner.
We reserve the right to change product specifications, including pricing, at any time before your purchase of a product and without notice. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the actual colours of the products. Your product may vary slightly from those images.
The prices displayed on the website are only the prices at which Owen Mumford Limited offers the products for sale, through agents such as Amazon.co.uk. Where products are sold through independent retailers, we have no control over the prices charged.
If you would like to download the educational support information available free of charge on medicalshop.co.uk, you will be required to create an account. This will enable multiple PDF downloads of support and information documents, which have been prepared to support people living with the common conditions associated with the products listed.
Payment for product orders will be taken by the online seller. Our default platform for sales transactions is Amazon.co.uk. To purchase the product/s you have selected, and if you do not already have an existing Amazon account, you will need to follow the Amazon.co.uk account set up and payment requirements.
Whilst online retailers offer secure shopping on their websites – we recommend that you always check security information and security guarantees for your own peace of mind.
Support and educational documents are provided free of charge – and can be accessed by creating a Medical Shop account.
4 VAT PAYMENT
All prices listed on our website are given in GBP and include VAT. The final price of the products will be the price listed on the online seller’s website at the time you purchase the product.
5 DELIVERY COST
The delivery cost of your order is determined by the online retailer. In most cases you will have an option of various delivery rates which may including Free Delivery, Standard or Expedited delivery. Medical Shop is a UK-only service.
6 DELIVERY POLICY
Once you have placed the order for your items you will be given an estimated date on which your order will be dispatched. Time of delivery is not of the essence. The general aim for despatch of all items is between 3 to 5 days of receiving your order unless you have selected a faster delivery option, where available. We will not be liable for any delay in delivery where the product(s) are purchased from a partner site other than Amazon.co.uk. Any queries regarding delivery should be directed to the online retailer in the first instance.
If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
A product will be your responsibility from the time we deliver the product to the address you gave us, and you own a product once we have received payment in full for such product.
If you are a business, then, until ownership of the products has passed to you, you will:
- a) hold the products on a fiduciary basis as our bailee.
- b) store the products (at your cost) separately from all other goods of yours or any third party and in such a way that they remain readily identifiable as our property.
- c) not destroy, deface, or obscure any identifying mark or packaging on or relating to the products.
- d) maintain the products in satisfactory condition and keep them insured on our behalf for their full price against all reasonable risks; and
- e) hold the proceeds of such insurance on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
We shall be entitled to recover payment for the products notwithstanding that ownership of any of the products has not passed from us.
7 CANCELLATION POLICY
We cannot accept an amendment to an order that you have placed with a third-party online retailer. If you want to cancel an order, we strongly recommend that you refer to the retailer cancellation policy.
In the case of an order placed on PayPal you may be able to cancel an order whilst it is still ‘open’, meaning it has not entered the dispatch process yet.
8 REFUND POLICY
We cannot accept a returned product or issue a refund for an order that you have placed with a third-party online retailer.
EMS has a standard 30-day returns policy. To find out how you can return a product and receive a refund click here
9 YOUR STATUTORY RIGHTS
If you are a consumer, as defined in section 12(1) of The Unfair Contract Terms Act 1977 (as amended), these terms and conditions are subject to your statutory rights. We shall in no way be entitled to exclude or limit such statutory rights.
To view more details on your statutory rights click here
This warranty is offered to you as a purchaser (“you”) by EMS whose details are set out on the relevant product packaging (“we” or “us”). You cannot transfer this warranty to anyone else. This warranty is in addition to, and does not affect, your rights as a consumer or purchaser under the laws of your country.
This warranty applies for twelve months from the date of delivery (the “warranty period”).
If the product is or becomes materially defective during the warranty period, you must notify us within five working days of discovering the defect and provide details of the defect. We have the option to provide you with a replacement product or repair the product. Subject to the laws of your country, we shall have no further liability to you after we have provided you with a replacement or repaired product.
When you contact us, we may ask you for details of the batch number or other form of identification of the product in order for us to further investigate the defect. We may also ask you to return the product and any provision of a replacement device is subject to us receiving the defective product from you.
This warranty will not apply to defects which are attributable to:
– fair wear and tear.
– handling, storage or use of the product other than in accordance with our instructions.
– improper handling, storage or use of the product.
– your use of the product after we have been notified of a defect.
– any alterations or repairs you have made without our written consent; or
– damage or breakage caused by accident or by external causes beyond our control.
11 LIMITATION OF LIABILITY
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time order for products was placed, both we and you knew it might happen.
However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so.
If you use the products for any commercial, business or re-sale purpose we will have no liability (whether in contract, tort (including negligence) or otherwise) to you for:
- any wasted or lost management time or time of other employees, loss of profit, contracts or business, loss of goodwill or loss of anticipated savings.
- Any increased costs or expenses; or
- Any indirect, special, or consequential losses of any nature.
Our total aggregate liability (whether in contract, tort (including negligence), misrepresentation or otherwise) under or in connection with these terms and conditions, will not exceed the total price of the products supplied to you under the order under which the liability arose.
However, we do not exclude or limit in any way our liability to you for death or personal injury arising out of our negligence, or for our fraud, fraudulent misrepresentation, or fraudulent misstatement
If you are a business, you hereby indemnify us and shall keep us indemnified (including our employees, officers and agents) against any losses, damages, expenses (including legal fees) arising out of any claim by a third party in relation to:
- a) any failure by you to obtain the relevant licences and/or consents required for use of any products.
- b) any failure by you to comply with any regulatory requirements.
- c) any products or materials supplied by you to third parties for incorporation into or use with the products; and
- d) any negligence by you.
12 CHANGES TO THESE TERMS AND CONDITIONS
Any changes made to these terms and conditions in the future will be posted on this page. You should ensure that you review this page from time to time.
13 OTHER IMPORTANT TERMS
If you are a business, you agree that you have in place and will maintain in place adequate procedures to prevent bribery and corruption (as defined under all applicable laws including the Bribery Act 2010). You agree that in entering into a contract with us you have not relied or accepted any bribes or inducements from us (including our employees and agents) or any third party to enter into a contract or to purchase products from us. You also agree that you have in place appropriate monitoring and review mechanisms to manage compliance with applicable anti-bribery and anti-corruption laws. We confirm that we will comply with all applicable laws relating to anti-bribery and anti-corruption including as relevant, the Bribery Act 2010. We warrant that, in our view, we have in place adequate measures as required by the Bribery Act 2010 and we will comply with such measures in performing our obligations to you. There shall be no obligation for us to comply with your anti-bribery, ethics or anti-corruption procedures, even if provided to us. You agree to report to us any offer of or request for any undue financial or other advantage of any kind by any employee or agent of ours.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim