General Terms & Conditions of Sale & Supply

Any agreement between you and BioScapes Limited (company number 12730657) of The Airfield, Seaton Ross, York, YO42 4NF is made on these Conditions to the exclusion of all other Conditions. By placing your order, you confirm that you agree to these Conditions.

1.  DEFINITIONS

1.1 “Cancellation and Return Policy” means the Policy set out in clause 7.

1.2 “Carrier” means the third party engaged by BioScapes to deliver the Goods.

1.3 “Goods” means the items you order from us as detailed on the Order Form, or any alternative items supplied to you pursuant to clause 6.1.2.

1.4 “Order” means your offer to purchase Goods from BioScapes.

1.5 “Order Form” means the form completed by you online when you Order the Goods (referred to on the Website as “Basket”).

1.6 “Website” means www.BioScapes.co.uk

2.  PLACING AN ORDER

2.1 Browse the Website and select your chosen Goods.

2.2 Complete the Order Form in full and follow the instructions detailed on the Website to place your Order. You will need to complete the details in the “Checkout” section of the Website. You will have the opportunity to review your order in the “Checkout” section.

2.3 You may select a delivery date while placing your order. Alternatively BioScapes will agree a delivery date with you by telephone. Please see our delivery information for more detail about delivery options and charges.

2.4 If you make any errors in your selections up to this point, you can leave the ordering process.

2.5 After completing and submitting the Order Form, you will receive an e-mail confirming the details of the Goods ordered. No agreement exists between you and BioScapes until you receive this e-mail. At any stage before placing the Order you may click back through the screens and amend any details you have inputted and/or choose not to continue with the Order.

2.6 BioScapes will record your agreement to these Conditions, but will not file a copy of the concluded contract. You can use the “Print” facility of your browser to print a copy of these Terms for your own reference.

2.7 Any specifications, formulations, data, literature and statements as to content, weight suitability, performance or otherwise, issued and descriptions and samples given by us in connection with Goods are offered in good faith but are intended to be approximate only and shall not constitute representations nor shall they become warranties or conditions of the contract.

In relation to the Goods, BioScapes reserve the right to change the design and product specifications and accessories which are required to conform with any applicable safety or legal requirements, improvements or for other reasons which do not materially change the quality or performance of the Goods.

2.8 Where you choose not to place your order using the Website you may place your Order by telephone. Where this applies, references to the Order Form shall refer to the details agreed between you and BioScapes at the time of placing your order.

3.  PRICE

3.1 The Website sets out the price of the Goods, in pounds sterling, next to the illustration/description of the Goods. The price will be confirmed on the Order Form before you place your Order and in the event of a discrepancy between the two prices, the price displayed on the Order Form shall prevail.

3.2 Unless otherwise stated, the price is exclusive of any delivery charge and this delivery charge shall be as set out on the Website.

3.3 BioScapes reserves the right to increase prices of any item displayed for sale on the Website and/or delivery charges from time to time. However, where the price of Goods and/or delivery charges changes between Order and delivery, the price and/or charge will be as displayed on the Order Form.

3.4 Unless otherwise stated, the price is exclusive of any VAT payable in the United Kingdom.

4.  PAYMENT

4.1 The amount payable by you shall be the total price of the Goods and the applicable delivery charges as set out at clause 3.2. The “Acknowledgement of Order” email sent out as described in clause 2.5 will confirm the price paid by you.

4.2 Payment can be made by credit or debit card. Payment will be deducted from your credit/debit card on the date when BioScapes accepts the order and delivers confirmation to you as described in clause 2.5.

5.  AVAILABILITY AND DELIVERY

Where an Order is accepted and a confirmation is sent to you as described in clause 2.5, your Order will be processed and clauses 5.1, 5.2 and 5.3 shall apply:

5.1 If the Goods are in stock, they will be despatched and delivered by the Carrier to the address provided in the Order Form with Goods to be signed for on delivery.

Goods cannot be delivered to any address outside of the UK mainland.

Bioscapes will aim to deliver Goods within the following timescales:

BioScapes cannot be held responsible if the delivery address provided by you is incorrect.

5.2 BioScapes will use reasonable endeavours to ensure that delivery takes place within the time specified in clause 5.1 and that the items displayed on the Website are in stock. However, you acknowledge that the time for delivery specified in clause 5.1 is an estimate and that, in particular, BioScapes cannot control delays taking place once the Goods have been despatched by BioScapes. Your rights under these Conditions if the Goods are not delivered within the timescales set out in clause 5.1 are set out in clause 6.

5.3 BioScapes reserves the right to refund your payment in the event that the Goods ordered by you are unavailable.

Where an Order is accepted and a confirmation is sent to you as described in clause 2.5 your Order will be processed and clauses 5.4 to 5.8 shall apply:

5.4 BioScapes will aim to deliver the order on the delivery date agreed in accordance with clause 2.3 to the agreed delivery address, and will deliver by a third party carrier.

5.5 Deliveries are made on pallets. Pallets will be unloaded as described in our delivery information. The Carrier will use all reasonable endeavours to place the goods as close to your property as is deemed safe by them.

5.6 You must provide sufficient and safe access to the point of unloading as described in our delivery information. BioScapes is able to deliver if you are not present, but in these circumstances we can accept no liability for any deterioration in or theft of any of the items delivered. Neither can we accept responsibility for the consequences of the positioning of the pallets by the Carrier. It is preferable that you are available at the delivery address to accept delivery.

5.7 BioScapes reserves the right to refund your payment in the event that the product ordered by you is unavailable.

6. NON-DELIVERY

6.1 If the Goods have not been delivered to you 5 days after the latest date for delivery to your address as set out in clause 5.1 you should contact BioScapes using the details available at www.BioScapes.co.uk/contact-us. You will then be given the option of:

6.1.1 cancelling your Order. BioScapes will then refund the price you paid in accordance with the Cancellation and Return Policy provided that should the Goods subsequently arrive you agree to notify BioScapes and to return the Goods to BioScapes (at your expense) or if you wish to keep the Goods you agree to make payment for the Goods if you have not already done so; or

6.1.2 choosing alternative items displayed on the Website up to the same value as the Goods or allowing BioScapes to send you further Goods or a suitable alternative item of the same value of the Goods, provided that should the original Goods subsequently arrive you agree to notify BioScapes and to return to BioScapes (at your expense) one set of the Goods or if you wish to keep both the original and replacement Goods to make payment for the replacement Goods; or

6.1.3 waiting for an agreed time period after which if the Goods are not available to you then options 6.1.1 and 6.1.2 will be available to you.

6.2 If BioScapes does not deliver your order within 24 hours of the agreed delivery date, unless non-delivery is due to your failure to comply with the provisions of clause 5.6, you should contact BioScapes using the details available at www.BioScapes.co.uk/contact-us. You will then be given the option of:

6.2.1 cancelling your Order. BioScapes will then refund the price you paid in accordance with the Cancellation and Return Policy; or

6.2.2 arranging a revised delivery date, in which case clauses 5.4 to 5.8 shall apply to the revised delivery date.

6.3 BioScapes shall not be liable for any non-delivery of Goods unless notice is given to BioScapes within 10 working days starting from the day after the last date for delivery had delivery taken place in accordance with the timetable set out at clause 5.1 or such other time as agreed in accordance with clause 6.1.3. Such notice should be to the postal or e-mail addresses or telephone number set out at www.BioScapes.co.uk/contact-us.

6.4 If for any reason (other than exercising your rights set out in the Cancellation and Return Policy to return the Goods) you will not accept delivery of the Goods or BioScapes is unable to deliver the Goods on time because you have not provided appropriate instructions, including but not limited to inputting the correct delivery address on the Order Form or because you have failed to comply with clause 5.6 or any instructions set out in our delivery information), BioScapes may store the Goods until delivery whereupon you will be liable for all related costs and expenses.

6.5 Where Goods cannot be delivered because of the circumstances detailed in clause 6.4 or 6.5 and you ask for the Goods to be re-delivered BioScapes reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2.

7.  CANCELLATION AND RETURN POLICY

This clause 7 sets out BioScapes’ Cancellation and Return Policy. It sets out your rights to cancel your Order and return the Goods.

7.1 You may cancel your Order at any point after you place your Order until the end of fourteen days beginning with the day after the date on which you receive the Goods.

7.2 In circumstances where Goods are intended for purposes related to your trade, business or profession and you are not acting as a consumer, clause 7.1 shall not apply. You may only cancel your Order in accordance with 7.5.

7.3 In circumstances where you cancel your order after the Goods have already been despatched, you are responsible for the cost of returning the goods to BioScapes.

7.4 If you cancel your Order and wish to return the Goods under this clause, the following provisions will apply:

7.4.1 to cancel your order you should contact BioScapes in writing, by email or post, using the details available at www.BioScapes.co.uk/contact-us;

7.4.2 in order to improve our customer service we will ask why you wish to return the Goods;

7.4.3 Goods must be returned complete, in an unused and undamaged condition;

7.4.4 Once you have notified us that you are cancelling your Order, we will repay any sums paid by you for the Goods as soon as possible and in any event within fourteen days of receiving your notice of cancellation provided that the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be repaid to you.

7.5 If you wish to return the Goods because they do not comply with these Conditions, any of your statutory rights, or where BioScapes has not supplied the correct Goods, you should contact BioScapes using the details set out in clause 7.4.1 within a reasonable period of discovering the fault or error. If you agree to return the Goods at BioScapes’ expense, you may ask BioScapes to send you replacement Goods, or to repay any sums paid by you for the Goods within fourteen days.

7.6 Your rights under clause 7.5 do not arise where packaging has been damaged in transit but the Goods themselves are undamaged.

7.7 If you exercise your right to cancel your Order in accordance with clause 7.4.1, BioScapes will repay any sums paid by you for the Goods within fourteen days of you telling BioScapes that you have cancelled your order.

8.  RISK AND PROPERTY

8.1 Risk of damage to, or loss of, the Goods shall pass to you upon delivery of the Goods.

8.2 Ownership of the Goods shall not pass to you until BioScapes has received in full (in cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to BioScapes from you on any Order.

8.3 If you intend to return or exchange the Goods in accordance with the Cancellation and Return Policy, you must take reasonable care of the Goods pending their return to BioScapes.

9.  LIABILITY

9.1 BioScapes warrants that it has title to sell the items that it displays on the Website.

9.2 BioScapes will not be responsible for any losses suffered by you which were:

9.2.1 not foreseeable to BioScapes and you when you placed your Order; or

9.2.2 not caused by any breach on the part of BioScapes.

9.3 Nothing in these Conditions excludes or limits the liability of BioScapes for fraudulent misrepresentation or death or personal injury caused by the negligence of BioScapes or its employees.

9.4 In circumstances where Goods have been used (or were intended for use) for purposes related to your trade, business or profession and you are not acting as a consumer, the following limitations of liability shall apply:-

9.4.1 BioScapes will not be responsible for any consequential loss or damage including (without limitation) loss of profit, loss of business, loss of contracts, loss of opportunity, loss or depletion of goodwill, costs or expenses (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) that might arise.

9.4.2 Subject to clauses 9.4.1, 9.2 and 9.3, BioScapes’ maximum total liability to you in respect of all losses (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed the total sums paid by you to BioScapes under this Agreement in respect of the relevant Goods.

9.5 BioScapes cannot be held responsible for any failure to deliver the Goods due to anything that is beyond its reasonable control including but not limited to fires, explosions, severe weather, industrial disputes (of its own or other employees), insurrection, riots, embargoes, raw material shortages, delays in transportation, requirements or regulations of any civil or military authority, war (whether declared or not), civil unrest and terrorist action. BioScapes shall have no liability towards you for any loss or damage that you may suffer as a result of circumstances beyond BioScapes’ reasonable control.

10.  GENERAL

10.1 Failure or delay by BioScapes in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under them.

10.2 Any waiver by BioScapes of, or any default under, any provision of these Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.

10.3 BioScapes reserves the right to defer the date of performance or cancel any agreement under these Conditions without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond BioScapes’ reasonable control provided that if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give written notice to BioScapes to cancel such agreement and obtain a refund of any sums paid.

10.4 Any notice required to be given to BioScapes shall be in writing and sent by post or by e-mail to the contact details available at www.BioScapes.co.uk/contact-us unless otherwise notified. Any notice required to be given to you by BioScapes shall be in writing and sent by post or email to the addresses that you provided when ordering the Goods, unless otherwise notified.

10.5 You agree with BioScapes that any agreement made under these Conditions is between you and BioScapes only and it is not intended to be enforceable by any other person who is not a party to it.

10.6 These Conditions shall be governed by English law. You submit and BioScapes submits to the non-exclusive jurisdiction of the English Courts.

10.7 Any agreement between you and BioScapes is made under these Conditions, and includes, the descriptions of the Goods as provided by us on our Website, the Order Form, the Cancellation and Return Policy and the Privacy Policy. Together these constitute the entire agreement and understanding of you and BioScapes and supersede any previous agreement between you and BioScapes relating to the subject matter of such agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.

10.8 You may contact us by telephone, post or e-mail via the contact details available at www.BioScapes.co.uk/contact-us.

10.9 Any personal data collected about you will be used in accordance with BioScapes’ Privacy Policy which can be found at www.BioScapes.co.uk/privacy-policy.

10.10 You acknowledge that BioScapes may change these Conditions from time to time. The terms which apply to your purchase of the Goods will be the Conditions which were in force on the date you placed your order.