Business to Business T&Cs

Application and entire agreement

1.       These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you or Customer) from  HY Medical Limited a company registered in England and Wales under number 12720560 whose registered office is at 5 Watford Way, London, NW4 3JL  (we or us or Supplier).

2.       These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.

3.       These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

4.       A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

5.       The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

6.       Words imparting the singular number include the plural and vice-versa.

Goods

7.       The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

8.       We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

Price

9.       The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.

10.   If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

11.   Any increase in the Price under the clause above will only take place after we have told you about it.

12.   You may be entitled to discounts. Any and all discounts will be at our discretion.

13.   The Price is  exclusive  of fees for packaging and transportation / delivery.

14.   The Price is  exclusive  of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and alteration

15.   Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

16.   The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of  7  days  only from the date shown in it unless expressly withdrawn by us at an earlier time.

17.   Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

Payment

18.   We will invoice you for the Price either:

a.     on or at any time after delivery of the Goods; or

b.     where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.

19.   You must pay the Price within  7  days  of the date of our invoice or otherwise according to any credit terms agreed between us.

20.   You must make payment even if delivery has not taken place and / or that the title in the Goods has not passed to you.

21.   If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.

22.   Time for payment will be of the essence of the Contract between us and you.

23.   All payments must be made in  British Pounds unless otherwise agreed in writing between us.

24.   Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Delivery

25.   We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.

26.   If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.

27.   Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.

28.   If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

a.     store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or

b.     make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or

c.     after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

29.   If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

30.   Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

31.   We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.

Inspection and acceptance of Goods

32.   You must inspect the Goods on delivery or collection.

33.   If you identify any damages or shortages, you must inform us in writing within 3 days of delivery, providing details.

34.   Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

35.   Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

36.   We will be under no liability or further obligation in relation to the Goods if:

a.     if you fail to provide notice as set above; and/or

b.     you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

c.     the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or

d.     the defect arises from normal wear and tear of the Goods; and/or

e.     the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

37.   You bear the risk and cost of returning the Goods.

38.   Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 3 days after delivery.

  Notes: During viral outbreaks or pandemics, orders placed for items relating to the pandemic (face masks, respirators, PPE) will be non returnable.

Risk and title

39.   The risk in the Goods will pass to you on completion of delivery.

40.   Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

41.   Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

42.   As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

Termination

43.   We can terminate the sale of Goods under the Contract where:

a.     you commit a material breach of your obligations under these Terms and Conditions;

b.     you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

c.     you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or

d.     you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of liability

44.   Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.

45.   Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

46.   If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

47.   Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

48.   We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

a.     any indirect, special or consequential loss, damage, costs, or expenses; and/or

b.     any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or

c.     any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

d.     any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

e.     any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

49.   The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications

50.   All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

51.   Notices will be deemed to have been duly given:

a.     when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b.     when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

c.     on the fifth business day following mailing, if mailed by national ordinary mail; or

d.     on the tenth business day following mailing, if mailed by airmail.

52.   All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Data protection

53.   When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.

54.   The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

55.   For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

56.   The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

57.   The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

58.   The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection are specified in its Data Protection Policy, which can be found The policy can be found https://handanhy.co.uk/termsofuse. For any enquiries or complaints regarding data privacy, you can e-mail: privacy@handanhy.co.uk.

Circumstances beyond the control of either party

59.   Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

60.   No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

61.   If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

62.   This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Version:  September 2020 

Business to Consumer T&Cs

The Consumer Contract Regulations ONLY apply to purchases made by people for personal use- the Consumer Contract Regulations do not apply to purchases made for commercial use.

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on +44 20 8203 68888.   

Application

1.       These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are HY Medical Limited a company registered in England and Wales under number 12720560 whose registered office is at 5 Watford Way,  London, NW4 3JL with  email address info@handanhy.co.uk;  telephone number +44 20 8203 68888; (the Supplier or us or we).

2.       These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3.       Consumer   means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4.       Contract   means the legally-binding agreement between you and us for the supply of the Goods;

5.       Delivery Location   means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6.       Durable Medium   means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7.       Goods   means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8.       Order   means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9.       Privacy Policy   means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10.   Website  means our website https://handanhy.co.uk on which the Goods are advertised.

Goods

11.   The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

12.   In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13.   All Goods which appear on the Website are subject to availability.

14.   We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

15.   We retain and use all information strictly under the Privacy Policy.

16.   We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

17.   The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

18.   The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

19.   A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

20.   Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.

21.   No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

22.   We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

23.   The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

24.   Prices and charges include VAT at the rate applicable at the time of the Order.

25.   You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

26.   We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

27.   In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a.     we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

b.     after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

28.   If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

29.   If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

30.   If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

31.   We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

32.   You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

33.   If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

34.   The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

35.   Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

36.   You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation
Please note- during the current Coronavirus Pandemic, we regret that we cannot accept returns for non-faulty products.

37.   You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

38.   This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

a.     goods that are made to your specifications or are clearly personalised;

b.     goods which are liable to deteriorate or expire rapidly.

39.   Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

a.    in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;                         

b.     in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

40.   Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

41.   The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

42.   To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

43.   You can also email us info@handanhy.co.uk without delay to cancel an order.

44.   To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.                         

Effects of cancellation in the cancellation period

45.   Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

46.   We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

47.   If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

a.     14 days after the day we receive back from you any Goods supplied, or

b.     (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

48.   If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

49.   We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

50.   If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 5 Fiddlebridge Industrial Centre,  Lemsford Road, Hatfield,  Hertfordshire, AL10 0DE without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

51.   For the purposes of these Cancellation Rights, these words have the following meanings:

a.     distance contract   means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b.     sales contract   means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

52.   We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

53.   Upon delivery, the Goods will:

a.     be of satisfactory quality;

b.     be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

c.     conform to their description.

54.   It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

55.   Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

56.   In the event of any failure by a party because of something beyond its reasonable control:

a.     the party will advise the other party as soon as reasonably practicable; and

b.     the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Privacy

57.   Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

58.   These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https:/handanhy.co.uk/termsofuse) and cookies policy ().

59.   For the purposes of these Terms and Conditions:

a.     'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

b.     'GDPR' means the General Data Protection Regulation (EU) 2016/679.

c.     'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

60.   We are a Data Controller of the Personal Data we Process in providing Goods to you.

61.   Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a.     before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b.     we will only Process Personal Data for the purposes identified;

c.     we will respect your rights in relation to your Personal Data; and

d.     we will implement technical and organisational measures to ensure your Personal Data is secure.

62.   For any enquiries or complaints regarding data privacy, you can e-mail: privacy@handanhy.co.uk.

Excluding liability

63.   The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

64.   The Contract (including any non-contractual matters) is governed by the law of England and Wales.

65.   Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

66.   We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 14 days.

Version:  September 2020 

Privacy & Cookie Policy

This privacy policy applies between you, the User of this Website and HY Medical Limited, the owner and provider of this Website. HY Medical Limited takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: https://handanhy.co.uk/termsofuse.

Please read this privacy policy carefully .

Definitions and interpretation

1.     In this privacy policy, the following definitions are used:

Data	collectively all information that you submit to HY Medical Limited via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies	a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below ( Cookies);
Data Protection Laws	any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR	the General Data Protection Regulation (EU) 2016/679;
HY Medical Limited,    we   or us	HY Medical Limited, a company incorporated in England and Wales with registered number 12720560 whose registered office is at 5 Watford Way,   London,  NW4 3JL;
UK and EU Cookie Law	the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User  or you	any third party that accesses the Website and is not either (i) employed by HY Medical Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to HY Medical Limited and accessing the Website in connection with the provision of such services; and
Website	the website that you are currently using, https://handanhy.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2.     In this privacy policy, unless the context requires a different interpretation:

a.   the singular includes the plural and vice versa;

b.   references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

c.   a reference to a person includes firms, companies, government entities, trusts and partnerships;

d.   "including" is understood to mean "including without limitation";

e.   reference to any statutory provision includes any modification or amendment of it;

f.    the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3.     This privacy policy applies only to the actions of HY Medical Limited and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

4.     For purposes of the applicable Data Protection Laws, HY Medical Limited is the "data controller". This means that HY Medical Limited determines the purposes for which, and the manner in which, your Data is processed.

Data collected

5.     We may collect the following Data, which includes personal Data, from you:

a.   name;

b.   job title;

c.   profession;

d.   contact Information such as email addresses and telephone numbers;

e.   demographic information such as postcode, preferences and interests;

f.    IP address (automatically collected);

g.   web browser type and version (automatically collected);

h.   operating system (automatically collected);

i.    a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);

in each case, in accordance with this privacy policy.

How we collect Data

6.     We collect Data in the following ways:

a.   data is given to us by you  ; and

b.   data is collected automatically.

Data that is given to us by you

7.     HY Medical Limited  will collect your Data in a number of ways, for example:

a.   when you contact us through the Website, by telephone, post, e-mail or through any other means;

b.   when you register with us and set up an account to receive our products/services;

c.   when you make payments to us, through this Website or otherwise;

d.   when you elect to receive marketing communications from us;

e.   when you use our services;

in each case, in accordance with this privacy policy.

Data that is collected automatically

8.     To the extent that you access the Website, we will collect your Data automatically, for example:

a.   we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.

b.   we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

9.     Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

a.   internal record keeping;

b.   improvement of our products / services;

c.   transmission by email of marketing materials that may be of interest to you;

in each case, in accordance with this privacy policy.

10.           We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

11.           For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:

a.   soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.

b.   for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.

c.   if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.

12.           When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Who we share Data with

13.           We may share your Data with the following groups of people for the following reasons:

a.   any of our group companies or affiliates - ;

b.   third party service providers who provide services to us which require the processing of personal data - to help third party service providers in receipt of any shared data to perform functions on our behalf to help ensure the website runs smoothly;

c.   third party payment providers who process payments made over the Website - to enable third party payment providers to process user payments and refunds;

in each case, in accordance with this privacy policy.

Keeping Data secure

14.           We will use technical and organisational measures to safeguard your Data, for example:

a.   access to your account is controlled by a password and a user name that is unique to you.

b.   we store your Data on secure servers.

15.           Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: privacy@handanhy.co.uk.

16.           If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

17.           Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

18.           Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

19.           You have the following rights in relation to your Data:

a.   Right to access  - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.

b.   Right to correct  - the right to have your Data rectified if it is inaccurate or incomplete.

c.   Right to erase  - the right to request that we delete or remove your Data from our systems.

d.   Right to restrict our use of your Data  - the right to "block" us from using your Data or limit the way in which we can use it.

e.   Right to data portability  - the right to request that we move, copy or transfer your Data.

f.    Right to object  - the right to object to our use of your Data including where we use it for our legitimate interests.

20.           To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: privacy@handanhy.co.uk.

21.           If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.

22.           It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites

23.           This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

24.           HY Medical Limited  may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of HY Medical Limited. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

25.           We may also disclose Data to a prospective purchaser of our business or any part of it.

26.           In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

27.           This Website may place and access certain Cookies on your computer.   HY Medical Limited uses Cookies to improve your experience of using the Website and to improve our range of products.    HY Medical Limited has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

28.           All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

29.           Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling HY Medical Limited to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

30.           This Website may place the following Cookies:

Type of Cookie	Purpose
Strictly necessary cookies	These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies	They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

31.           You can find a list of Cookies that we use in the Cookies Schedule. 

32.           You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

33.           You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

34.           It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

35.           For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

36.           You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

37.           If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

38.           Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

39.           This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

40.           HY Medical Limited  reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.  
   
  You may contact HY Medical Limited by email at privacy@handanhy.co.uk.

 

Cookies

Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.

Strictly necessary

We use the following strictly necessary cookies:

Description of Cookie	Purpose
rc::a, rc::c - google.com	This cookie is used to distinguish between humans and bots.
SESS, visitor_uuid - handanhy.co.uk	Preserves users states across page requests.

 

 
    
   
 

Analytical/performance

We use the following analytical/performance cookies:

Description of Cookie	Purpose
Google Analytics - _ga :Google _gid :Google _gat: Google	Tracks conversions and site interaction for analytic process
collect - google-analytics.com	Used to send data to Google Analytics about the visitor's device and behavior. Tracks the visitor across devices and marketing channels.

 

 
    
   
  
   
  

    Version: September 2020