In these Terms and Conditions of business the following meanings shall apply:- “the Company” shall mean Kent Express Limited trading as MyDentalUniform of Medcare House, Centurion Close, Gillingham Business Park, Gillingham, ME8 0SB. “The Customer” shall mean any person or persons, firm or company who buys or agrees to buy Goods from the Company. “Goods” shall mean the products supplied by the Company in accordance with the terms and conditions.
2 Conditions Applicable
2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of Goods entered into by the Company where Goods are dispatched by the Company to the Customer by mail order. All conditions of the Customer or other terms and conditions or warranties whatsoever whether communicated before or after these Terms and Conditions are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and the Customer’s own conditions shall not be regarded as a counter offer.
2.2 The Company reserves the right to contact external credit reference agencies.
2.3 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
2.4 Please note that the Terms and Conditions shall also apply to any elements of any contracts which are maintained and finalised via electronic means.
2.5 The Company reserves the right to monitor or record telephone calls for quality assurance purposes.
3.1 Delivery dates and times specified by the Company are approximate only. Unless expressly agreed by the Company in writing, time for delivery is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery.
3.2 If Goods are sold and delivered to the Customer in instalments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
4 Cancelling Orders/Returned Goods
4.1 Goods returned in line with terms and conditions are eligible for exchange or credit at the discretion of Kent Express. Goods which are not shown in the Company’s catalogue in force at the time of order or online at the time of the order or which are custom in printed products will only be accepted for return by the Company when the Company has given prior authorisation. Orders for such Goods can only be cancelled prior to delivery to the customer if the Company has yet to receive the Goods from the manufacturer. The Company reserves the right to raise a reasonable cancellation charge and to invoice the customer for any cancellation charge levied by the manufacturer. We will be unable to accept the return of custom imprinted items or non-catalogue items ordered specifically for the customer unless faulty.
4.3 Goods which are shown in the Company’s catalogue in force at the time of order, or online at the time of the order, will be accepted for credit or exchange only upon the following conditions:
(a) The Customer must complete the returns note enclosed with their Goods (or call our Customer Services team on 0800 0151572 to request a returns note). Returned goods must be accompanied by a returns note showing the customer’s name, address and account details, invoice number upon which the goods were supplied, quantity, description, strength, pack size and price of goods and full details of the reason for return. Goods will not be accepted for credit or exchange without a correctly completed returns note and evidence of the original invoice; and
(b) Goods returned must be in a condition suitable for re-sale, unused and inclusive of all original packaging, instructions, guarantee card and accessories; and
(c) If Goods are unwanted, the Customer must notify the Company of their intention to return the Goods, together with a completed returns note, within 14 days from the day the Goods are received. The Goods must be returned within 14 days of this notification, in line with the Consumer Contracts Regulations 2013, and the Company will then provide a refund within 14 days of receiving the Goods in an unused, resellable condition;
(d) where items are received by the Customer in a faulty (unusable) condition, the Customer must notify the Company within 30 days of receipt by calling us on 0800 0151572 in line with the Consumer Rights Act 2015. We will arrange for return and replacement of the goods, or credit at a sum equal to that which you paid for the goods. If goods develop a fault within the first 5 days of use, please call 0800 0151572 and we will endeavour to resolve the issue.
4.4 If a Customer is not satisfied with the performance of any Goods supplied by the Company and which bear the Kent Dental product name or trade mark they will be accepted for return only upon the following conditions:
(a) Goods must be returned within 120 days of delivery to the Customer; and
(b) Goods have only been used for the intended purpose; and
(c) condition 4.3(a) is complied with.
4.5 If the Customer believes that some or all of their Goods are damaged when received, they must inform our Customer Service team within 3 days of receipt by calling 0800 0151572. Goods returned because the product or package is alleged to be faulty, damaged or tampered with prior to delivery will be accepted for return only upon the following conditions:
(a) condition 4.3(a) is complied with; and
(b) Goods returned must be packaged separately and collection requested. Upon authorisation and at such time as specified by the relevant manufacturer, a credit will be provided at a sum equal to that which the Customer paid for the Goods.
4.6 Goods returned to correct an error in delivery or order by the Company will be accepted for return only upon the following conditions:
(a) condition 4.3(a) is complied with; and
(b) Goods requiring temperature controlled storage must be returned the working day after delivery to the Customer and must have been stored correctly on the Customer’s premises and returned in appropriate temperature controlled transportation, and
(c) Goods not requiring temperature controlled storage must be returned within 30 days of delivery to the Customer.
4.7 Goods subject to a recall by the manufacturer will be accepted for return if:
(a) the specific instructions relating to each recall are complied with; and
(b) condition 4.3(a) is complied with and the type of recall and batch number (if appropriate) are detailed; and
(c) Goods returned must be packaged separately and clearly labelled as returning relating to product or batch recall.
4.8 Goods which are damaged or lost in transit will not be credited by the Company as it is the Customer’s responsibility to ensure that Goods are adequately packaged and labelled.
4.9 Upon receipt of returned Goods and provided that the relevant conditions of this clause 4 have been complied with, replacement product(s) or credit note will be provided at a sum equal to that which the Customer paid for the Goods. No handling charge or delivery charge of the original order will be refunded in whole or in part.
4.10 Returns of non-faulty items may incur a restocking charge to the value of 25% of the net price (as per invoice) and any transportation costs.
5 The Price and Payment
5.1 The price to be paid by the Customer shall be the sum(s) shown by the Company’s invoice(s). Subject to 5.2, this price shall be based on the sum quoted to the Customer in the Company’s price list, but the Company reserves the right to amend those prices at any time in its absolute discretion and to correct clerical errors or omissions. The Company shall not make any retrospective price adjustments.
5.2 Any special price agreements between the Company and a Customer shall be valid only in writing.
5.3 The prices quoted in the Company’s price list are in pounds sterling. Due to fluctuations in currency exchange rates the Company reserves the right to alter prices charged to customers outside the UK. Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax, which shall be due at the rate in force on the date of the Company’s invoice to the Customer.
5.4 In addition to the price for the Goods the Company may invoice for all packing, carriage charges, tax and duties on any order which is to be delivered outside the UK.
5.5 Orders placed with the Company and sent directly from manufacturers may incur a carriage charge invoiced by the Company. In advance of all customised orders, a signed order acceptance must be completed.
5.6 Payment of the price and VAT shall be due on the 20th of the month following the order being made. Time for payment shall be of the essence and payment must be made without set-off or credit. Where the Customer wishes to make payment by debit or credit card, full payment must be made at the time of the order.
5.7 The standard terms apply to purchases of consumables, supply of any spare or replacement parts and charges relating to site visits by service engineers. Payment terms for any items of equipment will be confirmed in the terms & conditions applicable to the order and supplied at the time of quotation. Any such payment terms stipulated will supersede any standard payment terms quoted on our invoices.
5.8 Where Goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.
5.9 If the Customer is in default in paying any sum as and when it becomes due, the Company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any Goods remain to be delivered there under. Additionally, payment for all Goods supplied to the Customer shall become immediately due and owing, whether previously invoiced or not.
5.10 In the event that the Customer fails to pay any monies by the due date, the Company shall be entitled to charge interest on the outstanding monies both before and after Judgment from the due date to the date of actual payment at the rate of 2% per month or part month. The Customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonoured cheques will be payable by the Customer.
5.11 Orders less than £50, exclusive of VAT, may have a £3.50 small order handling charge applied at the time of order at the sole discretion of the Company.
5.12 Orders less than £150 exclusive of VAT and which are shipped to the Republic of Ireland, may have a small order handling charge applied at the time of order at the sole discretion of the Company.
5.13 The Company reserves the right to issue invoices electronically and the Customer shall accept such electronic version as soon as this is sent electronically by the Company and the Customer shall take all steps required by applicable law in connection with such invoices including without limitation maintaining appropriate records.
6.1 All discounts are applied to catalogue prices exclusive of VAT.
6.2 Web only prices are strictly available only for orders placed at www.kentexpress.co.uk and are excluded from all discount programmes and are available to end-users only.
7 Title and Risk
7.1 The risk in Goods sold to the Customer shall pass to the Customer from the time when the Goods leave the premises of the Company (or the premises where the same were stored for or by the Company or to the Customer’s order). Where the Goods are delivered by carrier any claims for loss or damage in transit must be made by the Customer against the carrier in accordance with any terms and conditions of business of the carrier.
7.2 Title in the Goods or any part thereof shall only pass to the Customer when payment in full for all Goods whatsoever supplied and all services rendered at any time by the Company has been received by the Company.
7.3 The Customer shall permit so far as it is able and shall use its best endeavours to assist any officer, employee, representative or agent of the Company to enter onto any premises where the Goods may from time to time be situated and to repossess the Goods at any time prior to title passing to the Customer and until such time as title passes the Customer shall hold the Goods as the Company’s fiduciary agent and bailee.
8.1 Subject as expressly provided in these Conditions and except where Goods are sold or services provided to a person dealing as consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
8.2 Where Goods are supplied to the Company with the benefit of a warranty from their manufacturer that warranty will continue to apply to the Goods following sale to the Customer, whether Goods are sold individually or as a package and the Customer should return any faulty Goods to the manufacturer. If alleged defects in Goods prove to have been caused by incorrect operation, cleaning or handling or other improper use or outside of the manufacturer’s warranty period, the Company will arrange a quotation for repair. [In all other respects the Company will warrant replacement parts for the length of the manufacturer’s warranty thereon, and labour for a period of 3 months.]
8.3 The Customer shall be responsible for ensuring that all statutory governmental regulations, local authority regulations, operating instructions and safety precautions are complied with in relation to Goods supplied to it by the Company.
9 Restriction of Liability
9.1 Nothing in these terms and conditions shall limit or exclude the Company’s liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or sub-contractors, fraud or fraudulent misrepresentation, breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 or any other liability that may not be excluded by law.
9.2 Subject to condition 9.1, the Company shall not in any event be liable to the Customer whether arising from breach of contract, tort (including negligence), breach of statutory duty or for any other liability howsoever arising, for consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply or goods or materials, including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply or failure of supply of goods or services by the Company.
9.3 Subject to condition 9.1, the Company’s total liability to the Customer in all other cases (being cases of direct and natural losses or damage) arising under or in connection with Goods supplied, whether in contract, tort (including negligence), breach of statutory duty or for any other liability howsoever arising, shall in no circumstances exceed the price of the Goods forming the subject of the claim or claims.
9.4 The Company shall have no liability to the Customer unless details of such losses are notified to the Company in writing within 14 days of the date of delivery of the Goods, or the date of the event giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged shortages, damages or breakages, claims must be notified to the Company within 3 days of receipt of the Goods by the Customer. Alleged non-delivery of Goods must be notified in writing to the Company within 5 days of receipt of either the invoice for the Goods or a statement of account, whichever is the sooner.
9.5 For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement.
10 Force Majeure
The Company shall not be liable to the Customer as a result of any delay or failure to perform any of the Company’s obligations in relation to the Goods as a result of an event beyond the reasonable control of the Company including but not limited to strikes, lock-out, industrial disputes (whether involving the work force of the Company or any other party), failure of a utility service or transport network, act of God, riot, war, civil commotion, malicious damage, compliance with law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, flood, fire, storm or default of suppliers or manufacturers.
11 Applicable Law
These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
12 Practice Points scheme
The Practice Points scheme is available to UK residents only. Corporate accounts, Institutions and dental suppliers are excluded from the scheme. Customers are required to register and provide a valid email address in order to be awarded points. Points will start to be awarded 7 working days after the date of registration. Points related to a specific Customer order may not be awarded for up to 30 days after the order is accepted by the Company. Enrolment in the Practice Point Scheme will be confirmed in writing via email. Retrospective point adjustments will not be made without a copy of a valid enrolment agreement. Practice Point members may be required to re-register to the Practice Point scheme when asked to do so via an email from the Company. Customers who have not re-registered and do not have a valid enrolment agreement for the currently operating Scheme will be removed from the Scheme.
Points are awarded per order as follows: for orders net value £0-£449.99, 1 point per pound. For orders £450-£749.99, 2 points per pound. For orders £750 and above, 3 points per pound. All figures quoted are less any credit notes issued and exclusive of VAT. The Company may also award points based on specific published promotions. In compliance with the Medicines (Advertising) Regulations 1994, Licensed Medicines are excluded from Kent Express Practice Points Scheme, so points cannot be earned on these items. Small equipment and handpieces are also excluded from the Practice Points Scheme.
In the event that the Customer earns Practice Points by ordering specific items, claims for a reward under the scheme, then refunds some or all of those items, we will deduct the relevant number of Practice Points from the Customer’s account. In the event that a Customer’s account has a negative points balance, we reserve the right to invoice the Customer for the value balance of the item(s) claimed using those Practice Points at any time. We may freeze the Practice Point account until full payment of this invoice is received.
Practice Points are awarded to the ‘bill to’ account only. Items claimed through the Practice Point scheme will be delivered to the address held under the “bill to” account. It is the individual account holder’s responsibility to ensure that any rewards claimed under the scheme are received by the right person at the bill to address. Practice Points cannot be transferred between accounts. When an account is closed it is the customer’s responsibility to redeem any earned points prior to the scheme expiry date. Retrospective point adjustments/corrections to points will only be made for points acquired during the current scheme.
Kent Express is unable to take responsibility for tax due on Practice Point awards and/or gifts. Financial Advisors/Accountants should be contacted on any specific tax liability that may arise. Points will normally be allocated retrospectively on a monthly basis. Kent Express Practice Points 2017 are valid until 31st December 2017, unless otherwise instructed by the Company. It is the Customers responsibility to ensure all valid Points are redeemed prior to this date. Kent Express standard terms and conditions apply. Kent Express reserves the right to refuse membership of the scheme, refuse redemption of points, change or suspend the scheme at any time, and for any reason, at its sole discretion. Practice Points carry no retail value. Terms & Conditions are subject to change without prior notice.
Under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations you have the right to cancel your order for any item claimed through the Practice Points scheme for a full refund. This doesn’t apply to 1) Items collected in store 2) Goods and services where the price is dependent on fluctuations in the financial market and cannot be controlled by the trader 3) Goods made to the customers specification or are clearly personalised 4) Goods which are liable to deteriorate or expire rapidly 5) Newspapers, periodicals, magazines 6) Sealed goods which are not suitable for return due to health protection or hygiene reasons if unsealed after delivery 7) Sealed audio or video recordings or computer software 8) Goods that become mixed inseparably (according to their nature) with other items after delivery.
To cancel, please use the cancellation form provided and we will arrange for you items to be collected, or call 0345 605 4376.
You can cancel anytime from placing your order up to the end of a period 14 days after you take possession of the goods (or in the case of a multiple order, the last part of the order).
Please take reasonable care of the goods. We are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied if the loss is the result of unnecessary handling of the goods by you. Please make it clear when you cancel that you are cancelling under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations. You can cancel an order for services in the same way within 14 days of the date of purchase, unless the service begins sooner. The Consumer Contracts (Information, Cancellation & Additional Charges) Regulations do not apply to Financial Services.
13 Standard Promotional Terms and Conditions
Offers/discounts cannot be used in conjunction with any other offer or gift campaign, discount scheme, price guarantee/commitment, web only price, cash back or finance agreement. Gifts or discount only available when you place an order from the Kent Express Product Guide or online at www.kentexpress.co.uk. Web only prices are only available at www.kentexpress.co.uk, are excluded from any other offer/discount, and may differ from prices quoted in print material. Products subject to change without prior notice. In compliance with the Medicines (Advertising) Regulations 1994, Licensed Medicines are excluded from Kent Express Practice Points Scheme & gift promotions. All prices exclude VAT. Returns will be excluded from the order value, in the event of the order amount falling below the required gift/free stock order value, you will be required to return the gift/free stock or pay for the free gift/free stock in full. Please allow 14 days for delivery of gifts or free products. Kent Express is unable to take responsibility for tax due on gift awards. Gifts available to residents within the UK. Jersey and Guernsey customers will receive stock as an alternative; please ask the telesales representative for full details. Medicinal products/offers contained within this flyer are not available to veterinarians, or to be administered to animals. E and OE. Kent Express reserve the right to correct clerical errors and omissions in published material either in print or online. To assist us in improving our service to you, we may record or monitor calls to Kent Express Ltd. Maximum quantities may apply, ask for details. A £4.65 handling charge may be applied to all orders under £150 shipped to Southern Ireland. Orders less than £50, exclusive of VAT, may have a £3.50 small order handling charge applied at the time of order. Small order handling charges do not apply online. All online orders receive a 1.5% discount based on the regular full price of each item. The 1.5% discounted price is already shown online, and is typically excluded from any other offers/discount promotions.
14 Standard Competition Terms and Conditions
Unless otherwise indicated, we only accept one competition entry per account number or per email address (depending on the entry method). Closing dates will be published and the decision of Kent Express to award prizes in final. We do not offer cash alternatives for prizes. Entry conditions may be changed at any time, and we reserve the right to close a competition at any time and for any reason. No purchase is necessary to enter our competitions; you may enter by emailing email@example.com with the subject line “No purchase necessary entry” with an email containing the competition name, your full name, your full address and if applicable your Kent Express account number. We will only accept one email per person and we must receive the email before the competition closing date.
Last Updated: 20th April 2017