Terms of Sale
Customer Terms & Conditions
1. Definitions & Interpretation
- In the Agreement, the following definitions apply:
|“Affiliate”||means any holding company of Rocialle Healthcare Ltd and any subsidiary of Rocialle Healthcare Ltd or of such holding company (“holding company” and “subsidiary” having the same meanings as in the Companies Act 2006);|
|“Account Customers”||means the Customer who has been setup with a credit account by Rocialle Healthcare;|
|“Contract”||means the contract between Rocialle Healthcare and the Customer for the sale and purchase of Products which shall be subject to these Conditions;|
|“Customer”||means the person, firm, company or other legal entity (including without limitation any hospital, prison or government agency) placing an order with Rocialle Healthcare;|
|“Conditions”||means these terms and conditions;|
|“Intellectual Property Rights”||means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;|
|“Products”||means all those Products and materials which are to be supplied to the Customer by Rocialle Healthcare under the Contract;|
|“Rocialle”||means Rocialle Healthcare Ltd (Company Number 11965323) and whose registered office is situated at Unit D, Cwm Cynon Industrial Park, Rhondda Cynon Taff, Mountain Ash, CF45 4ER. VAT no: GB 324327425;|
|“Rocialle OEM Products”||means all Products and materials where Rocialle Healthcare Ltd is the legal manufacturer of the Product;|
- In the Contract, the following rules apply:
- clause, schedule and paragraph headings are for ease of reference only and shall not affect the interpretation of the Contract;
- any reference to a clause is to the clause of the Contract and any reference to a paragraph is to the relevant paragraph of the clause in which it appears;
- references to “include” or “including” and words of similar effect shall not limit the general effect of the words which precede them;
- a reference to a party includes its personal representatives, successors or permitted assigns;
- a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- a reference to writing or written includes faxes and emails;
- use of the singular includes the plural and vice versa.
2. Basis of the Contract
- These Conditions shall apply to all orders received by Rocialle from a Customer for supply of Products (the Products) in the United Kingdom. These Conditions will prevail over any terms and conditions on the Customer’s order form, form of contract or any other communication sent by the Customer to Rocialle and the placing of an order for, or the acceptance of, the Products by the Customer shall indicate unqualified acceptance of these Conditions. No other conditions whether or not inconsistent with these Conditions shall apply.
- No employee, representative, agent or sales person has Rocialle’s authority to vary, amend or waive any of these Conditions on behalf of Rocialle and no amendment or additions to any of these Conditions shall be deemed to have been accepted unless accepted in writing by a director of Rocialle or set out as a special condition in the order confirmation.
- Rocialle hereby notifies the Buyer that telephone calls received by Rocialle’s order processing and customer support departments may be monitored for quality control, staff training and service improvement purposes.
- Each Order shall be deemed to be a separate offer by the Customer to purchase Products upon these Conditions (the Order). A contract shall not be formed until either the Order is acknowledged via email by Rocialle or the Products are despatched whichever is earlier (the Contract). Rocialle shall be free to accept or decline any order at its absolute discretion.
- Products are subject to availability, in the event that Rocialle is unable to supply the Products, the Customer will be informed as soon as possible. An alternative will be offered or a full refund will be given where Rocialle has already received payment for those Products.
4. Customer’s Authority
- Customers entering into transactions with Rocialle expressly warrant that they are authorised to accept and are accepting these Conditions.
5. Details and Specifications
- Details and specifications of Products will be as set out in Rocialle’s current marketing materials or on the website. Rocialle reserves the right to alter specifications of any given product and to withdraw any item or promotion without explanation or notification. Current specifications can be confirmed on the website, with Rocialle by telephone or email.
- The price for the Products will be the price set out on Rocialle’s websites or any specific sales promotional material (unless advised by Rocialle differently at point of purchase).
- In the unlikely event that the price of an item has been incorrectly advertised Rocialle will contact the Customer to ask whether the Customer wishes to proceed at the correct price. If not, or Rocialle is unable to obtain the Customers instructions, Rocialle will cancel the Order and a full refund will be given where Rocialle has already received payment for those Products.
- Rocialle reserves the right to change any price without notice.
- Rocialle shall be entitled to increase the price for the Products at any time prior to delivery to take account of increases in costs including (but not limited to) labour, overheads and transport.
- Costs of packaging, carriage and any applicable sales tax, duty, customs duties and all other taxes, duties and expenses in respect of the Products, will be added to the price where relevant. All prices quoted are subject to VAT at the prevailing standard rate. Any organisations that are exempt from VAT, must provide a validated certificate at the time of ordering.
- Rocialle may at its sole discretion agree to set up a Customer on a credit account. Standard method of payment for credit accounts is by direct debit and Customers should set up a direct debit payment arrangement with their Bank or Building Society.
- Time for payment shall be of the essence of the Contract. The Customer shall pay each invoice submitted by Rocialle:
- within 30 days of the date of the invoice;
- in pounds sterling by electronic transfer of funds for value on the day in question to a bank account nominated in writing by Rocialle.
- Rocialle may accept alternative methods of payments, at its sole discretion.
- All other accounts including prepayment accounts and all other purchases require payment at time of order placement. Rocialle may, at its sole discretion, accept payments by credit, debit card or BACS.
- Without limiting any other right or remedy of Rocialle, if the Customer fails to make any payment due to Rocialle under the Contract by the due date for payment, Rocialle shall have the right to charge interest on the overdue amount from the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
- The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against Rocialle in order to justify withholding payment of any such amount in whole or in part. Rocialle may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Rocialle to the Customer.
- Where, after acceptance of an order, Rocialle has grounds for believing that Customer may not be able to fulfil its payment obligations, Rocialle shall be entitled to require from the Customer suitable security for such payment obligations prior to delivery of the Products.
- The Customer shall not purport to set off or withhold any payment claimed or due from Rocialle under any Contract.
8. Intellectual Property Rights
- The Customer shall not under the Contract or otherwise acquire any title, right or interest in any Intellectual Property Rights of Rocialle or its suppliers or licensors or relating to the Products.
9. Risk and Ownership for Account Customers
- Except as otherwise provided in these Conditions, the risk of damage to or loss of the Products shall pass to the Account Customer upon delivery of the Products in accordance with clause 13.2.
- Rocialle shall retain title to and ownership of the Products and the Account Customer will hold them as Company’s bailee and fiduciary agent until Rocialle has received payment in full of all sums due under the Contract. If payments received from the Account Customer are not stated to refer to a particular invoice Rocialle may appropriate such payments to any outstanding invoice at Rocialle’s discretion.
- Until payment of the purchase price the Account Customer shall be the bailee of the Products and except where otherwise permitted by Rocialle in writing the Products shall be stored separately from any Products which belong to the Account Customer or any third party, and shall be clearly marked and identifiable as being Rocialle’s property.
- If the Account Customer fails to make any payment to Rocialle when due, compounds with its creditors, executes an assignment for the benefit of its creditors, has a bankruptcy order made against it or being a company, enters into voluntary or compulsory liquidation or has an administrator or administrative receiver or receiver appointed over all or part of its assets or takes or suffers any similar action in consequence of debt or becomes insolvent or if Rocialle has reasonable cause to believe that any of these events is likely to occur:
- the Account Customer grants Rocialle the right to enter without prior notice any premises where Products owned by it may be, and to repossess and dispose of any Products owned by it so as to discharge any sums owed to it by the Account Customer under this or any other contract; and
- the Account Customer’s right to sell or otherwise dispose of the Products shall terminate immediately; and
- Rocialle shall have the right to withhold delivery of any undelivered Products and stop any Products in transit; and
- any and all sums unpaid in respect of the Products supplied under the Contract shall become immediately due and payable. Unless Rocialle expressly elects otherwise, any contract between Rocialle and the Account Customer for the supply of Products shall remain in existence notwithstanding any exercise by Rocialle of its rights under this clause 9.
- The Products shall, once the risk has passed to the Account Customer in accordance with this clause 9 or otherwise, be and remain at the Account Customer’s risk at all times unless and until Rocialle has retaken possession of them and the Account Customer shall comprehensively insure the Products against loss or damage by accident, fire, theft or other risks usually covered by insurance in the type of business carried out by the Account Customer.
10. Sales by the Customer
- The Customer shall not sell or supply any of the Products to customers in any country outside of the European Economic Area or to any third party in the knowledge that the Products will be sold on to customers outside of the European Economic Area.
- Products are sold on the condition that if such Products may only be supplied to the public by persons who are authorised then they are supplied to the public only by such authorised persons.
11. Recall of Products
- In the event that Rocialle should deem a recall of any Products to be appropriate, the Customer shall, upon notification from Rocialle (which may be made verbally and subsequently confirmed in writing), render all reasonable assistance as may be requested by Rocialle and, in particular, shall:
- return to Rocialle all of the Products covered by the recall (the “Affected Products”), and
- advise Rocialle (as far as practicable) in writing of the Customers of all Affected Products already sold by the Customer.
- Rocialle shall be responsible for the reasonable cost of collection of Affected Products from the Customer and shall make the necessary arrangements for the collection of the Affected Products.
- In the event that Rocialle is unable to return or replace the Affected Products within a reasonable period after such recall, Rocialle shall supply to the Customer a credit note to the value of all Affected Products so retained by Rocialle.
12. Cancellation or Amendment of Orders
- Rocialle will use all reasonable endeavours to meet Customers’ individual requirements but Rocialle shall be under no obligation to accept cancellation or other amendment to any Order or any part of an Order once accepted by Rocialle. Where Rocialle agrees such cancellation or amendment to an Order, it is on the understanding that a reasonable cancellation or amendment charge, as detailed in Clause 17, may be levied at Rocialle’s sole discretion.
- If you are purchasing Products from us for personal use The Consumer Contract Regulations will apply. In accordance with the Consumer Contract Regulations, as a customer, you have the right to cancel. Our cancellation period begins the moment you place the order and ends 14 days from the day you receive the Products.
- Certain products are exempt from this and are listed below:
- Made to order or bespoke products.
- Any products that have been personalised for example engraved stethoscopes or embroidered apparel.
- Any items of a sanitary nature (e.g., needles, syringes, continence products and nebulisers etc.).
- Infection control products unless they are faulty. This includes products such as gloves, hand sanitiser or face masks.
- A product may be returned to Rocialle for any reason within the statutory cancellation period.
13. Deliveries and Carriage
- All Orders will be despatched by the most appropriate route. Where a Customer suggests an alternative route or places an Order outside the normal schedule, Rocialle shall have the right to charge the entire cost of delivery, irrespective of the value of the Order. See website for details.
- The Products shall be delivered to the address stated in the Contract and the signature of an employee or agent of the Buyer at such address on the Seller’s delivery note shall be conclusive proof of the delivery of the Products. Any special delivery requirements or difficulties in delivering (e.g., narrow doorways, stairs, and restricted access) should be made known to Rocialle at the time of placing the Order and may be subject to additional costs. Rocialle cannot accept responsibility for any difficulties in delivery as a consequence of information or lack of information supplied by the customer.
- Rocialle will use reasonable endeavours to deliver each of the Customer’s Orders for the Products within the time agreed when Rocialle accepts an Order and, if no time is agreed, then within a reasonable time, but the time of delivery is not of the essence. If, despite those endeavours, Rocialle is unable for any reason to fulfil any delivery on the specified date, Rocialle will not be deemed in breach of the Contract, nor (for the avoidance of doubt) will Rocialle have any liability to the customer for direct, indirect or consequential loss or damage howsoever caused (including as a result of negligence) by any delay or failure in delivery. Any delay in delivery will not entitle the customer to cancel the Order or to receive a refund of any monies paid unless and until the customer has given 14 days’ notice to Rocialle requiring the delivery to be made and Rocialle has not fulfilled delivery within that period. The customer shall have no other remedy in respect of late delivery. All Products are sold subject to reasonable availability and where appropriate, Rocialle reserves the right to substitute materials of equivalent or superior specification without notice.
- Rocialle reserves the right to make an administration fee towards the carriage of orders under £100.00 ex VAT. See website for details.
- Unless otherwise stated in the Contract, the price of the Products shall not include the cost of delivery where the agreed delivery location is within the United Kingdom, the Isle of Man or the Channel Islands. In the case of ‘special deliveries’ (i.e., deliveries that are not normal scheduled deliveries) a separate charge will be specified in the Contract. Any orders that are not to mainland UK may incur additional costs. These will be advised to the Customer prior to the Order being despatched. See website for details.
- Products shipped direct from suppliers may be subject to additional carriage charges. Any additional charges will be advised prior to the Order being despatched to the Customer.
- If the Customer fails to accept or take delivery of the Products then without prejudice to the Customers obligation to pay for such Products and except where such failure or delay is caused by Rocialle’s failure to comply with its obligations under the Contract in respect of the Products, Rocialle may at its option:
- store the Products until delivery takes place, and charge the Customer for all related costs and expenses (including insurance), or
- resell or otherwise dispose of the Products and after deducting reasonable storage and selling costs, account to the Customer for any excess over the Price of the Products paid by the Customer or charge the Customer for any shortfall below the price of the Products paid by the Customer.
- Rocialle reserves the right to deliver in instalments at its discretion. Where delivery is by instalment, each instalment shall be treated as a separate contract and the failure by Rocialle to deliver any one or more instalments in accordance with these Conditions, 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.
- The Customer shall indemnify and hold Rocialle harmless from and against any costs or losses incurred by the Seller as a result of the Customer’s failure to take delivery of the Products on the delivery date (in which case such indemnity shall include any additional storage charges) or cancellation of any order.
- In the event of non-arrival of Products, the Customer must inform Rocialle within 14 days of the date of the invoice or e-mail advice of despatch, otherwise no claim can be considered.
- If Rocialle fails to deliver the Products, its liability shall be limited to the reasonable costs and expenses incurred by the Customer in obtaining replacement Products of similar description and quality.
14. Use of Information
- Information that you provide or which we obtain about you, your business or the Directors/Members of your business will be held in our computer and manual systems and used for credit scoring; administration of your account; customer and product analysis; market research and to improve the products and services we offer. We may monitor calls as described in Clause 3.1.
- Rocialle may carry out credit checks with licensed credit agencies or guarantors. Rocialle may keep a record of the search.
- Rocialle may, with your consent, send you information by email, phone or post about other products and services (including those from other organisations) in which you may be interested.
15. Force Majeure
- For the purposes of the Contract, Force Majeure Event means any event beyond the reasonable control of Rocialle including strikes, lock-outs or other industrial disputes, act of God, or war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors and any event or events which (whether or not they directly affect Rocialle) have the effect of reducing the supply of or increasing the price of any components or raw materials required by Rocialle to supply the Products.
- Rocialle shall not be liable to the Customer as a result of any delay or failure to perform its obligations under the Agreement as a result of a Force Majeure Event.
16. Warranty and Liability
- The following provisions of this Clause 16 set out Rocialle’s entire liability (including liability for the acts and omissions of its employees, agents and sub-contractors) in respect of:
- any breach of the Contract; and
- any representation (other than fraudulent misrepresentation) statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
- Products are supplied according to the descriptions and specifications given in the marketing materials of Rocialle or on the website. Unless otherwise advised to the Customer on acceptance of the Order, Rocialle gives no warranty other than that offered by the manufacturers of the Products. Rocialle makes no representation as to the suitability of fitness of any Products for any particular purpose unless expressly given or made in Company brochures or websites. For details of manufacturer’s warranties, refer to Rocialle’s website or to the manufacturers own description and specification.
- Rocialle warrants that for Rocialle OEM Products on delivery and until the expiry of a Product’s expiry date (or, if there is no expiry date, for the period of 12 months from the date of delivery) (the “Warranty Period”), the Products shall:
- conform in all material respects with their description
- be free from material defects in design, material and workmanship
- be of satisfactory quality
- be fit for the purpose for which they are generally intended
- In the event that an item is defective within the meaning of the Sale of Products Act 1979 (as amended from time to time) Rocialle reserves the right, at its absolute discretion, to replace or repair the Products as an alternative to refunding the purchase price.
- In the event that the Customer has a valid claim for any defect, loss, damage or non-compliance with the Contract Rocialle’s only obligations in respect of such defect, loss, damage or non-compliance shall be to:
- make good any shortage or non-delivery; and/or
- at its option replace the items concerned or refund the cost of such Products to the Customer and any transport costs incurred by the Customer in connection with the delivery of the Products in question and/or their return to Rocialle. In the event that Rocialle agrees to a replacement, the original items of concern must be returned within the following timeframes:
- Products requiring temperature-controlled storage will be accepted to correct a delivery error or faulty product only. In this case, the Products must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer’s premises.
- Pharmaceutical Products (other than those requiring temperature-controlled storage) must be returned within 5 days of delivery.
- Products will not be accepted by the Seller for return other than in accordance with the Medicines Control Agency’s document on Good Distribution Practice (Guidelines on Good Distribution Practice of Medicinal Products for Human Use).
- Rocialle shall not be liable for a breach of this warranty where:
- the Products have been improperly altered in any way whatsoever, or been subject to misuse or unauthorised repair by the Customer;
- the Products have been improperly installed or connected by the Customer;
- the Products have been opened, partly used or the seals or labels have been removed or tampered with;
- the Products have been damaged by fire, water, smoke or chemicals;
- any maintenance requirements relating to the Products have not been complied with by the Customer;
- any instructions as to the storage of the Products have not been complied with by the Customer in all respects;
- the Customer has failed to notify Rocialle of any visible or suspected defects or damage within 3 days of delivery where the defect or damage should be apparent on reasonable inspection, or within 5 days of the same coming to the knowledge of the Customer where the defect or damage is not one which should be apparent on reasonable inspection. It shall be the responsibility of the Customer promptly to check the Products for quantity and patent defects following delivery by Rocialle.
- If the Customer fails to give notice in accordance with condition 16.6.7 above the items delivered shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Customer it shall be bound to accept and pay for the same accordingly and all claims in respect of non-delivery, loss, damage, defect or non-compliance shall thereafter be wholly barred.
- Any Products returned under clause 16 or clause 17 must be accompanied by a returns note, which Rocialle will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by Rocialle’s distribution centre. Rocialle reserves the right to request photographic evidence. Rocialle accepts no responsibility for Products whilst in transit back to Rocialle.
- Where a breakage has occurred or it is suspected that the Products have been tampered with or misappropriated in any way the Customer should retain the complete packaging and Rocialle and the carriers should be notified immediately. Claims cannot be considered unless these conditions are observed and the Products returned in the time frames stipulated in clause 15 (b).
- No replacements are available whilst Products are exchanged, replaced or repaired.
- Subject to condition 13 Rocialle shall not be liable for any costs, claims, damages or expenses, whether arising out of any tortious act or omission, any breach of contract or statutory duty, of an indirect or consequential nature or that are calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.
- Subject to condition 13 the aggregate liability of Rocialle to the Customer for any loss or damage (whether asserted by the Customer or third parties) of whatever nature and caused as set out in Condition 16.1 shall be limited to and in no circumstances shall exceed the total invoice price of the Products in respect of which the claim relates and any transport costs, less any discount given and excluding VAT.
- Nothing in these Conditions shall operate so as to exclude or in any way limit either party’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability that may not be excluded for limited as a matter of English law.
- Nothing herein shall impose any liability upon Rocialle in respect of any defect in the Products arising out of the acts, omissions, negligence or default of the Customer, its servants or agents including in particular (but without prejudice to the generality of the foregoing) any failure by the Customer to comply with any recommendations of Rocialle as to storage and handling of the Products.
- Rocialle makes no representation or warranty that use of the Products does not infringe the rights of any third party and Rocialle accepts no liability in this respect.
- Except as provided for in these Conditions, any conditions and/or warranties, (whether express or implied by statute or common law or howsoever) including but without limitation those of satisfactory quality or of fitness for a particular purpose (even if that purpose is made known expressly or by implication to Rocialle) are hereby excluded.
17. Non-Faulty Return of Products
- Products are not supplied on a sale or return basis. Returns of non-faulty Products will only be accepted at the sole discretion of and with the prior written permission of Rocialle. Permission must be obtained within 24 hours from time of delivery. In the event that permission is given then the Customer will be refunded in full. Where Rocialle agrees to the return of non-faulty Products, such items must be returned in the following time frame:
- Products requiring temperature-controlled storage must be returned in accordance with MHRA guidelines within 24 hours of delivery and must have been stored correctly whilst on the Customer’s premises.
- Pharmaceutical and non-pharmaceuticals Products (other than those requiring temperature-controlled storage) must be returned within 5 days of delivery.
- If any non-faulty Products are returned, they must be unused, in original packaging, they must not be relabelled, tamper evident seals must be intact and the Products must be fit for sale.
- The cost of carriage of non-faulty returned Products accepted by Rocialle is the responsibility of the Customer. Rocialle shall be entitled to impose a handling charge at a rate of 25% on net invoice value or a minimum handling charge of £15.00 for all cancellations, amendments and non-faulty returned Products.
- Items made to Customer’s own specification or have been specifically ordered will not be accepted for return unless faulty in accordance with condition 16.
- Temperature controlled and pharmaceutical items will not be accepted for return unless faulty in accordance with condition 16.
- Any Products returned under this condition 17 must be accompanied by a returns note, which Rocialle will supply to the Customer upon request. Failure to do so will render any claim for credit null and void. Any credit will only be raised after satisfactorily passing inspection by Rocialle’s distribution centre. Rocialle reserves the right to request photographic evidence. Rocialle accepts no responsibility for Products whilst in transit back to Rocialle.
- In accordance with the Consumer Contract Regulations, as a customer, you have the rights to cancel your order. Our cancellation period begins the moment you place the order and ends 14 days from the day you receive the Products. Please see clause 13 for exclusions.
- If you wish to cancel please call our Customer Care Team on <enter number>
- Once you have notified us that you would like to return the order (which must be within 14 days of receipt of the order), you have 14 days to return the order to us.
How To Return Your Order
You’ll need to return them unused and in a suitable outer box.
When returning orders, Products must be returned in the original packaging, must be unused and in a resalable condition.
On inspection and receipt of the Products, a refund will be processed via your original payment method or in the case of a credit account holder a credit memo will be applied to your account.
Failure to meet the above criteria may result in the return being rejected.
Your parcel will then need to be returned to the following address:
Rocialle Healthcare Ltd
Unit D, Cwm Cynon Industrial Park
Rhondda Cynon Taff
Please note you must organise the return of the items at your expense.
If the return is as a result of a fault or an order error made by us then we will either organise the return to be collected free of charge or we will refund any postage incurred.
- A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- No right, power or remedy conferred on, or reserved to, either party or any Affiliate is exclusive of any other right, power or remedy available to it, and each of those rights, powers and remedies is cumulative.
- If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
- If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20. Contracts (Rights of Third Parties) Act 1999
- An assignee of Rocialle or an Affiliate shall each have the right to enforce any term of the Contract but the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to give any other person who is not a party to the Contract any right under that Act to enforce any term of the Contract. No consent of a third party is required for any variation to the Contract.
21. Governing Law & Jurisdiction
- The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
- Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
23. Company Details
Trading as: Rocialle Healthcare Ltd, Unit D, Cwm Cynon Industrial Park, Rhondda Cynon Taff, Mountain Ash, CF45 4ER. VAT Number: GB 324327425 Company Registration Number: 11965323
24. Additional Terms for our Price Beat Promise
Rocialle Healthcare is committed to providing great value on the entire range of products we sell. Our Price Beat Promise means that if you find an equivalent product for sale elsewhere for a lower price (subject to the conditions below), then we will beat that price.
- The product must be new and the same make, model and specification.
- The product must be for sale within the UK.
- Products advertised on auction websites or classified advertisements are excluded from the Promise.
- The product must be available for delivery in the same timescale as from Rocaille Healthcare.
- We require evidence of the lower price (this may be a website address, flyer, catalogue or advertisement).
- We reserve the right to vary or withdraw the Price Beat Promise at any time.
25. Additional Terms for Competition Entries
Rocialle organises frequent competitions. The following terms are general to all competitions, although some additional terms may apply to specific competitions. If you enter any of our competitions, it is assumed that you have read and agree to these.
- To enter a competition you must be at least 18 years of age and a resident of the United Kingdom.
- Competitions are not open to employees of Rocialle, its subsidiary companies or members of their immediate family.
- No purchase is necessary.
- Only one entry per person is allowed.
- The prize is not transferrable to another person.
- No part of any prize is exchangeable for cash or any other prize.
- Incorrectly completed or incomplete entries will be disqualified.
- If any given prize is not available, we reserve the right to offer an alternative.
- Any entries received after a competition’s closing date will not be entered.
- A full list of winners for a competition can be requested by sending a stamped addressed envelope to:Rocialle Healthcare Ltd,
Unit D, Cwm Cynon Industrial Park
Rhondda Cynon Taff
CF45 4ERPlease ensure the name of the competition is written on the envelope.
- The decision of the judges is final. Rocialle will not enter into any correspondence.
- Winners will be personally notified by post, email or telephone.
- We reserve the right to alter the rules of competition entry at any time. Specific rules that apply to a single competition will be displayed at the point of entry.
26. Other Applicable Terms