No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that PAM Ergonomics Limited advertises and / or makes available for sale through this Website;
“PAM Ergonomics Limited” Means PAM Ergonomics Limited of Holly House 73-75 Sankey Street, Warrington, Cheshire WA1 1SL
“Service” means collectively any online facilities, tools, services or information that PAM Ergonomics Limited makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchaser” means any person or business that buys Goods from PAM Ergonomics Limited from this Website;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business located at Holly House 73-75 Sankey Street, Warrington, Cheshire WA1 1SL
“System” means any online communications infrastructure that PAM Ergonomics Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” means any third party that accesses the Website and is not employed by PAM Ergonomics Limited and acting in the course of their employment; and
“Website” means the website that you are currently using www.pamergonomics-dlg.co.uk unless expressly excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers only. You can view our consumer terms and conditions here.
3. International Customers
If Goods are being ordered from outside PAM Ergonomics Limited’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. PAM Ergonomics Limited is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and PAM Ergonomics Limited gives no guarantee that the packaging of the Goods will be free of signs of tampering.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of PAM Ergonomics Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by PAM Ergonomics Limited.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Pam Ergonomics Limited or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.pamergonomics-dlg.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of PAM Ergonomics Limited. To find out more please contact us by email at info@pamhealth.co.uk
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
9.1.1 obscene or vulgar language must not be used;
9.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 Content that is intended to promote or incite violence must not be submitted;
9.1.4 it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
9.1.6 Users must not impersonate other people, particularly employees and representatives of PAM Ergonomics Limited or our affiliates; and
9.1.7 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that PAM Ergonomics Limited reserves the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that PAM Ergonomics Limited may retain copies of any and all communications made to us or using our System.
9.4 You acknowledge that any information you send to us through our System or post on the forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10. Accounts
10.1 In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 10.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
10.1.3 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. PAM Ergonomics Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact PAM Ergonomics Limited immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, PAM Ergonomics Limited accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
10.4 When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
Either PAM Ergonomics Limited or a User may terminate an Account. If PAM Ergonomics Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If PAM Ergonomics Limited terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
11.3 PAM Ergonomics Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
11.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
11.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
12. Payment
12.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and PAM Ergonomics Limited.
12.2 Interest will be charged on a daily basis, at the daily interest rate set by HSBC PLC plus 2%
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from PAM Ergonomics Limited correspond to the actual Goods, PAM Ergonomics Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods
13.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.3 PAM Ergonomics Limited does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
13.4 All pricing information on the Website is correct at the time of going online. PAM Ergonomics Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 30 days.
13.5 In the event that prices are changed during the period between an order being placed for Goods and PAM Ergonomics Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All prices on the Website do not include VAT. PAM Ergonomics Limited’s VAT number is GB 462 2514 67. Unless otherwise indicated.
14. Property, Risk and Account of Profits
14.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by PAM Ergonomics Limited. Title remains with PAM Ergonomics Limited until payment is complete.
14.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from PAM Ergonomics Limited or forming a component part of a larger Good, and any amount of the purchase price payable to PAM Ergonomics Limited remains outstanding, the Purchaser must account to PAM Ergonomics Limited for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for PAM Ergonomics Limited until payment has been received in full by PAM Ergonomics Limited.
14.3 PAM Ergonomics Limited reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, PAM Ergonomics Limited has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of PAM Ergonomics Limited.