Legal and Privacy
TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS ON WHICH SIRIK LIMITED (“WE”; “US”) SUPPLIES ANY OF THE PRODUCTS (“PRODUCT”; PRODUCTS”) LISTED ON WWW.MEDICALPORTFOLIOS.CO.UK (“WEBSITE”) TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER FOR ANY OF THE PRODUCTS. YOU ACKNOWLEDGE THAT BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO PLACE AN ORDER FOR ANY OF THE PRODUCTS VIA THE WEBSITE.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
1. INFORMATION ABOUT SIRIK LIMITED AND THE WEBSITE
1.1. The Website is owned and managed, operated and maintained by Sirik Limited.
1.2. Sirik Limited shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.3. Sirik Limited reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website without notice.
1.4. Sirik Limited may be contacted at Spectrum House, Redbourn, St Albans, Hertfordshire AL3 7PR or by email at email@example.com.
2. PRELIMINARY INFORMATION
2.1. By placing an order with Sirik Limited for the purchase of the Products, you warrant that:
2.1.1. you are legally capable of entering into any binding contracts;
2.1.2. you are at least 18 years old; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms and Conditions for the purchase of the Products.
2.1.4. you understand that purchase and use of products from Sirik Ltd does not assure success at interview or part of any interview process by any candidate
3. PLACING AN ORDER
3.1. In order to purchase any of the Products from the Website, you shall be required to complete the online form (“Order Form”) made available to you on the Website.
3.2. Upon completion of the Order Form you will be directed to PayPal in order to make payment for the Products. Such payment will result in you having placed an order (“Order”) for the Products.
3.3. By placing an Order, you consent to Sirik Limited conducting verification and security procedures in respect of the information provided in the Order Form.
3.4. You hereby warrant that the information provided to Sirik Limited is true, accurate and correct. You further warrant that you shall promptly notify Sirik Limited in the event of any changes to such information.
4. FORMATION OF CONTRACT
4.1. After placing an Order, you will receive an e-mail from Us acknowledging that We have received your Order (“Order Confirmation Email”). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between Us will only be formed when We send you the Dispatch Confirmation (“Contract”).
4.2. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. PRICE AND PAYMENTS
5.1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error (“Price”).
5.2. Unless otherwise expressly set out to the contrary, the Price quoted on the Website shall be inclusive of applicable value added taxes.
5.3. Due to the nature of the business, you acknowledge and agree that the Price may be subject to change and variation from time to time subject always that any changes in the Price shall not be applicable to you once you have submitted your Order with Sirik Limited.
5.4. Sirik Limited shall use its reasonable endeavours to ensure that the Price for the Products on the Website are accurate and correct at all times. However, you acknowledge and accept that such Products may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, Sirik Limited shall inform you of the actual Price of the Product. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or cancelling your Order with Sirik Limited.
5.5. You may pay for your Order using the method of payment as specified on the Website. Sirik Limited reserves the right not to process your Order if Sirik Limited has not received payment of the Price and any other additional charges, including without limitation any applicable taxes and delivery charges.
5.6. In the event that delivery of the Product is to an address outside the United Kingdom, Sirik Limited shall not be responsible for any additional taxes due including but not limited to importation taxes, sales taxes and any other taxes and charges that may be levied at the delivery destination.
5.7. For your information, We use third party payment handlers to process your payment and you agree that you have given Us permission to do so by complying with the terms herein.
6.1. Sirik Limited aims to deliver your Order to you, subject to the provisions set out herein, within fourteen (14) days of receipt of payment.
6.2. Delivery will be made by Royal Mail Recorded Delivery to the address you set out on the Order Form. Your Dispatch Confirmation will set out, amongst other things, the Royal Mail tracking number for your Order. Royal Mail Recorded Delivery requires a signature upon delivery, and accordingly you acknowledge and agree that if you are not available to sign for the delivery then it is your sole responsibility to collect your Order from the relevant Royal Mail sorting office. If you do not collect your Order within seven days it will automatically be returned to Sirik Limited.
6.3 You further acknowledge and agree that Sirik Limited has no responsibility for redelivery of your Order if you fail to accept delivery at the address details you set out in the Order Form or to collect your order from the Royal Mail sorting office. In the event that Sirik Limited agrees to redeliver your Order, Sirik Limited reserves the right to charge you the postage and packing fee (as set out on the Website) for redelivery.
6.4 You shall become the owner of the Products on dispatch of such Products by Sirik Limited, provided always that Sirik Limited has received payment of the Price and all other related charges in full. Once the Products have been dispatched to you, they will be your responsibility and, except insofar as the Products fall within either Clause 7 or Clause 8.1 below, Sirik Limited shall not be liable for any damage, loss or destruction of the Products after they have been dispatched to you.
6.5 All applicable delivery charges are included in the Price quoted on the Website and accordingly there shall be no additional costs associated with delivery that shall be charged to you, save insofar as redelivery of the Products is required as set out in this clause 6.
7. CANCELLATION RIGHTS AND RETURNS
7.1. Subject to Clauses 7.2 and 7.3 below, you reserve the right to cancel the contract at any time within seven (7) days (“Cooling Off Period”), beginning on the day after the day you receive your Order. In this case, you will receive a full refund of the monies paid to Sirik Limited for the Products, no later than thirty (30) days from the date of receipt by Sirik Limited of your notification to cancel in accordance with the provisions of this Clause 7.
7.2. Clause 7.1 above shall not apply to Products which have been expressly set out on the Website as falling within the exemption of this Clause 7.2 by reason that such Products are personalised and may not be returned.
7.3. To cancel an Order, you must inform Sirik Limited in writing at the address set out on the Contact page of the Website at any time within the Cooling Off Period.
7.4. If you cancel an Order in accordance with this Clause 7,
7.4.1. prior to receipt of the Product, Sirik Limited shall refund you the Price you have paid for your Order within thirty (30) days of your notification to cancel in accordance with this Clause 7; or
7.4.2. upon receipt of the Product, Sirik Limited shall, subject to such cancellation falling within the Cooling Off Period, advise you in respect of your return of the Product and refund you the Price you paid for your Order. You shall, upon such advice, promptly at your own cost and risk, return the Product to the designated address advised to you by Sirik Limited.
7.5. You understand and agree that if you fail to comply with Clause
7.3. Sirik Limited shall be entitled to refuse your request to cancel during the Cooling Off Period or to refund you the Price you paid to Sirik Limited for the cancelled Order.
8. DEFECTIVE OR DAMAGED PRODUCTS
8.1. In the event that the Products delivered to you are inherently defective or damaged in transit, Sirik Limited shall provide you with replacement of your Order, or if such Product is unavailable, then an alternative which is of the same or similar quality or value. Sirik Limited shall bear the delivery costs incurred by you in returning the defective or damaged Product to Us, subject always that you provide Us with documentary evidence supporting such delivery costs.
8.2. Notwithstanding Clause 8.1, you understand that the life of the Product is dependent on your use of the same and is therefore subject to wear and tear. Sirik Limited shall not be liable to refund and/or compensate you where the Product is damaged by you through normal wear and tear.
9. ORDERS FOR DELIVERY OUTSIDE THE UNITED KINGDOM
9.1. If you opt to access the Website and make purchases of the Products from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws.
9.2. You acknowledge and agree that due to the various systems of delivery services outside the United Kingdom, Sirik Limited will only in some cases be able to confirm that your Order has been delivered to the designated country of the address set out in the Order Confirmation Email. Sirik Limited shall have no control whatsoever in respect of your local delivery services and therefore does not represent or warrant that your Order shall be delivered within a particular timescale, in the form in which it was originally packaged and delivered by Sirik Limited or at all.
9.3. Sirik Limited does not represent or warrant that the Website or the Products made available for purchase on the Website is appropriate or lawful in locations outside the United Kingdom, or that the Products and/or the delivery thereof comply with any legal or regulatory requirements of any applicable local law of the location in which you are currently situated.
9.4. If you order Products for delivery outside the United Kingdom, you may be subject to import duties and taxes which are levied upon the delivery of such Products to the specified address. You shall be solely responsible for payment of any such import duties and taxes. Sirik Limited has no control whatsoever in respect of such additional import duties, taxes and charges and Sirik Limited cannot advise you what these may be. Consequently, Sirik Limited recommends that you contact your local customs office for further information prior to placing any Order with Sirik Limited.
9.5. For all deliveries to locations outside the United Kingdom, you shall be deemed the importer of the Products and it shall be your sole responsibility to comply with all applicable local laws and regulations of the country to which the Products are delivered. Sirik Limited shall in no way be liable to you or any third parties for any breach by you of any such laws arising from or in connection with the purchase of the Products and/or Sirik Limited’s delivery of the Products to you.
10. ADDITIONAL OBLIGATIONS
10.1. You agree that you are solely responsible and liable for all activities on the Website carried out by your use of the Website.
10.2. You further agree that at all times, you shall not:
10.2.1. use the information presented on the Website or provided to you by Sirik Limited for any commercial purposes; or
10.2.2. infringe any rights of any third parties.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
11.1. Subject to Clause 11.3, if We fail to comply with these Terms and Conditions, We shall only be liable to you for the purchase price of the Products and, subject to Clause 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.2. Subject to Clause 11.3, We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
11.2.1. loss of income or revenue;
11.2.2. loss of business;
11.2.3. loss of profits;
11.2.4. loss of anticipated savings;
11.2.5. loss of data; or
11.2.6. waste of management or office time.
However, this Clause 11.2 will not prevent claims for loss of or damage to your tangible property that is foreseeable or any other claims for direct loss that are not excluded under Clause 11.2.1 to 11.2.6 inclusive of this Clause 11.2.
11.3. Nothing in these Terms and Conditions excludes or limits our liability for:
11.3.1. death or personal injury caused by our negligence;
11.3.2. fraud or fraudulent misrepresentation;
11.3.3. any breach of the obligations imposed by section 12 of the Sale of Goods Act 1979;
11.3.4. defective products under the Consumer Protection Act 1987; or
11.3.5. any other matter for which it would be illegal for Us to exclude or attempt to exclude our liability.
12. RELIANCE ON INFORMATION POSTED
12.1. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. Sirik Limited and its licensors own all the intellectual property rights (“Intellectual Property Rights”) relating to the Website and the Products.
13.2. You are expressly prohibited from:
13.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
13.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Sirik Limited or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Sirik Limited.
15.1. If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please e-mail Us at: firstname.lastname@example.org or write to Us at Sirik Limited, Spectrum House, Redbourn, St Albans, Hertfordshire AL3 7PR. All notification and communication to Sirik Limited should be sent to the contact details provided herein.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
16.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1. strikes, lock-outs or other industrial action
16.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5. impossibility of the use of public or private telecommunications networks; and
16.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
16.3. Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
17.1. If Sirik Limited fails at any time to insist upon strict performance of its obligations under these Terms and Conditions, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms and Conditions, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
17.2. A waiver by Sirik Limited of any default shall not constitute a waiver of any subsequent default.
17.3. No waiver by Sirik Limited of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17.4. If any of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
17.5. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and Sirik Limited in respect of your use of the Website and your use of the Product, and shall supersede any prior agreement, understanding or arrangement between you and Sirik Limited, whether oral or in writing.
17.6. You acknowledge that in entering into these Terms and Conditions, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Sirik Limited except as expressly set out in these Terms and Conditions.
17.7. These Terms and Conditions are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms and Conditions.
For the purpose of the Data Protection Act 1998 (the “Act”), the Data Controller is Sirik Limited (Company Registration 06995286) having it’s address at Spectrum House, Redbourn, St Albans, Hertfordshire AL3 7PR.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- information that you provide when you use the Website. This includes information provided at the time you purchase our Products. We may also ask you for information when you report a problem with our Website;
- if you contact Us by telephone or in writing, We may keep a copy of that correspondence or communication;
- details of transactions you carry out through the Website and of the fulfilment of your orders; and
- details of your visits to the Website and the resources that you access.
If you have provided Us with the personal data of another person, you confirm that he/she consents to the processing of his/her personal data and that you have informed him/her of our identity as a Data Controller and provided him/her with a copy of these Terms and Conditions.
IP ADDRESSES AND COOKIES
We may collect information about your mobile phone, computer or other device from which you access the Website including where available your IP address, operating system and browser type, for systems administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
RETENTION OF YOUR INFORMATION
We take appropriate measures to ensure that any information collected from you is kept secure and kept only for so long as is necessary for the purpose for which such information is used.
If any of your personal data changes, or if you have any questions about how We use data collected which relates to you, please contact Us using the details below.
We normally update your personal data within seven (7) working days of any new or updated personal data being provided to Us, to ensure that the personal data We hold about you is as accurate and up to date as possible.
USES MADE OF YOUR INFORMATION
We use information held about you in the following ways:
- to ensure that content from our Website is presented in the most effective manner for you and your device;
- to provide you with information, products and/or services that you request from Us or which We feel may interest you; where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contracts entered into between you and Us; and
- to notify you about changes to our products.
We will not share your data with third parties for marketing purposes unless We have procured your express consent to do so.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties
- in the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets; or
- if We or substantially all of our assets are acquired by a third party, in which case personal data held by it about our customers will be one of the transferred assets; or
- if We are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our Terms and Conditions (right) and other agreements; or
- to protect the rights, property or safety of Sirik Limited, our customers or others.
You have the right to ask Us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms We use to collect your data. You can also exercise this right at any time by contacting Us using the contact details below.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information We hold about you.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies.