These Terms and Conditions apply to the use of this website. By accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Helpline by e-mail or call us on 0845 602 0776 between 9am and 5pm UK time.
This website is operated by Baywater Healthcare UK Limited (referred to as "Baywater Healthcare/we/our/us"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website, including any transactions you make ("use/using"), is subject to our terms and conditions below.
"Conditions" means these Terms and Conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Baywater Healthcare UK Ltd.; "Website" means the website located at https://www.baywater.co.uk/product-category/defibrillators, its https equivalent or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.
We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must always be treated as strictly confidential. Baywater Healthcare have no access to passwords that have been entered, although they can be retrieved by you on request. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see ‘Get In Touch’ for more information and full contact details).
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
All products are supplied with an eight-year warranty as standard. In the event of a defect arising within the warranty period, Baywater Healthcare will arrange a repair or replacement for the defective product, provided that:
The product is returned carriage paid to Baywater Healthcare; and
It is proved to Baywater Healthcare’s satisfaction that the defect is due to inferior workmanship or material.
The warranty excludes defects caused by misuse, neglect or wear and tear. The warranty only applies to goods purchased directly from Baywater Healthcare.
Baywater Healthcare shall not be under any liability to the Buyer for any defects in the Goods, or for any loss or damage to or caused by the Goods, whenever they arise, except to the extent that we have expressly accepted liability under these conditions. All other conditions, warranties or other terms whatsoever concerning the Goods, whether expressed or implied, by statute, at common law, or otherwise, are hereby excluded to the fullest extent permitted by law. In no circumstances (other than death or personal injury caused by our negligence) shall we be liable for any purely economic loss or for any special, indirect or consequential damages of any nature whatsoever.
Baywater Healthcare does not undertake to pay for the cost of repairs to defective material or goods incurred by us without previous specific agreement in Writing.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.
The purchasing of products from this site is only available via credit, debit or purchasing card. Payment is taken from your card upon receipt of your order. All goods are subject to availability. Prices are inclusive of VAT and free UK delivery.
We reserve the right to alter pricing at any time. Payment will be based on the price advertised at the time of the order being placed.
Baywater Healthcare operate a standard delivery process.
Baywater Healthcare cannot be held responsible for factors outside its control regarding possible late delivery.
Delivery is free of charge.
Delivery is within the UK only.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether expressed or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Baywater Healthcare UK Ltd. and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
No claim is made by Baywater Healthcare UK Ltd. nor any claim in relation to any of the products available for purchase via its websites to diagnose, cure or prevent any specific disease or condition. It is the responsibility of the purchaser to decide if the product would be of benefit to them or not. If in doubt, please consult your doctor or other health adviser.
Baywater Healthcare UK Limited
2 Millennium Gate