E-commerce Terms of Service

AGREED TERMS

1. ABOUT US

1.1 Company details. Aura Infection

Control Limited (company number 08814266) (we and us) is a company registered in England and Wales and our registered office is at Hanover Buildings, 11-13 Hanover Street, Liverpool, Merseyside, L1 3DN. Our VAT number is 181 4500 29. We operate the website https://www.aiconline.co.uk/.

1.2 Contacting us. To contact us telephone our customer service team at 01833 630393 or email orders@aiconline.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 17.2.

2. OUR CONTRACT WITH YOU

2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3 Language. These Terms and the Contract are made only in the English language.

3. YOUR ACCOUNT

3.1 You may register an account to make a purchase. To register an account (Account), you must choose a username and secure password and provide the information about yourself which is required or requested through the online registration form on our Website, including your name, physical address, mobile number, business name, trading name (if applicable) and company number (if applicable) (Account Information). You will then be sent an email to the address which you used to register your Account and your Account will then become active when you click on the link within that email (provided that you do so within the period of time required by the relevant email). If you do not want to register for an account, you can still make your purchase using our “guest checkout” feature instead.

3.2 Account eligibility. We do not supply goods to consumers (a Consumer being an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession). We only supply goods to customers acting in the course of a trade or business. If you are a Consumer you should not register for an Account or try to place an order with us. By registering for an Account, you agree to these Terms and conditions in the course of a business and warrant that you are not a Consumer. In doing so, you bind both yourself and the person, company or other legal entity that operates that business or organisational project to these Terms, and in these circumstances references to “you” in these Terms are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

3.3 Confidentiality of your Account Information. It is your responsibility to ensure the confidentiality of your username and password. If you believe that your username and password or a device which you use to access your Account has been lost or stolen, or that someone has gained unauthorised access to your Account, or that an unauthorised transaction has been made on our Website, you must notify us immediately by emailing us at orders@aiconline.co.uk.

3.4 Deactivating your Account. You can de-activate your Account at any time by following the instructions on our Website. However, de-activating your Account does not mean that you no longer owe us any money which may be due to us in accordance with these Terms.

3.5 Updating your details and keeping your Account credentials secure. If your details change after registration, you must update them on our Website. You must keep details of your Account secure and not share them with anyone else.

3.6 Storage of your information. By providing us with your Account Information, you licence us free of charge to use and store that information for the purpose of providing the Goods to you.
3.7 Closing your Account. You can close your Account and end the contract with us any time by notifying us using one of the contact methods set out in clause 1.2.

4. PLACING AN ORDER AND ITS ACCEPTANCE

4.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

4.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

4.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.

4.4 Accepting your order. We will confirm our acceptance to you by sending you an email that confirms your order (Order Confirmation). The Contract between you and us will only be formed when we send you the Order Confirmation.

4.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

5. OUR GOODS

5.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

5.2 The packaging of your Goods may vary from that shown on images on our site.

5.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

6. RETURN AND REFUND

6.1 You may cancel the Contract and receive a refund if you notify us as set out in clause 6.3 within seven (7) days of your receipt of our email accepting your order.

6.2 However, this cancellation right does not apply in the case of:
(a) goods made to your specifications or that have been personalised;
(b) goods which are liable to deteriorate or expire rapidly;
(c) goods which are sealed for health or hygiene reasons that have been unsealed after delivery;
(d) goods which are, after delivery, according to their nature, inseparably mixed with other items; or
(e) goods consisting of audio or video recordings or computer software (including games) in sealed packaging where the seal has been broken after delivery.

6.3 To cancel the Contract, you must email us at orders@aiconline.co.uk or contact our Customer Services team by telephone on 01833 630393. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on that day.

6.4 If you have returned the Goods to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Goods and will refund you on the credit card or debit card used by you to pay.

6.5 If Goods have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than fourteen (14) days after the day on which you let us know that you wish to cancel the Contract. You can either send them back, return them to us in-store or hand them to our authorised carrier. If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection.

7. DELIVERY, TRANSFER OF RISK AND TITLE

7.1 We will contact you with an estimated delivery date, which will be within (30) days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 (Events outside our control) for our responsibilities when this happens.

7.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

7.3 You own the Goods once we have received payment in full, including of all applicable delivery charges.

7.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

7.5 If you fail to take delivery within ten (10) days after the day on which we notified you that the Goods were ready for delivery, we may resell part or all of the Goods and, after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.

8. PRICE OF GOODS AND DELIVERY CHARGES

8.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.

8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

8.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page at https://www.aiconline.co.uk/terms-and-conditions/.

8.5 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

9. HOW TO PAY

9.1 You can only pay for Goods by using a debit card or credit card (we accept Mastercard, VISA and Maestro cards) or via direct debit through our online payments provider’s (Opayo) portal.

9.2 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your Goods.

10. MANUFACTURER’S GUARANTEE

Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.

11. OUR WARRANTY FOR THE GOODS

11.1 The Goods are intended for use only in the United Kingdom. We do not warrant that the Goods comply with any laws, regulations or standards outside the United Kingdom.

11.2 We provide a warranty that on delivery and for a period equal to the relevant Goods’ manufacturer’s warranty period from delivery, the Goods shall:
(a) subject to clause 5, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.

11.3 Subject to clause 11.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) we ask you to do so, you return the Goods to us at our cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

11.4 We will not be liable for breach of the warranty set out in clause 11.2 if:
(a) you make any further use of the Goods after giving notice to us under clause 11.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

11.5 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.

11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.

12. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 We only supply the Goods for internal use by your business and you agree not to use the Goods for any resale purposes.

12.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.

12.4 Subject to clause 12.3, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.

12.5 Subject to clause 12.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the sum of the amount paid by you to us for the Goods which form the subject matter of the relevant claim.

12.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

13. TERMINATION

13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven (7) days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods;
(d) you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us;
(e) you do not, within a reasonable time, allow us access to your premises to supply the Goods;
(f) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(g) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

13.2 Without limiting any of our other rights, we may also suspend the supply of the Goods with immediate effect by giving written notice to you to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Goods to reflect changes in relevant laws and regulatory requirements.

13.3 We may write to you to let you know that we are going to stop providing the Goods. If we do so, we will let you know that we are going to stop providing the Goods and will refund any sums you have paid in advance for goods which will not be provided.

13.4 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

13.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

15. OUR INTELLECTUAL PROPERTY RIGHTS

15.1 Our copyright. Copyright © 2022 Aura Infection Control Limited.

15.2 Our trade marks. Aura Infection Control, our logos and our other trade marks are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

16. YOUR PRIVACY

Our Privacy Notice. Under data protection legislation, we are the data controller of your personal data processed through our Website, and are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice at https://www.aiconline.co.uk/terms-and-conditions/. It is important that you read that information.

17. COMMUNICATIONS BETWEEN US

17.1 When we refer to “in writing” in these Terms, this includes email.

17.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.

17.3 A notice or other communication is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.

17.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

17.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

18. GENERAL

18.1 ASSIGNMENT AND TRANSFER.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

18.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

18.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

18.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

18.6 Governing law and jurisdiction. This Contract is governed by the law of England and Wales and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the courts in England