Definitions
The following terminology applies to these Terms and Conditions, Privacy Policy and any or all Agreements: "Client", “You” and “Your” refers to you, the person, firm or company accessing this website and accepting the Company’s terms and conditions. We only accept orders from business customers, therefore by placing an order you confirm that you are a business customer. "The Company", “Ourselves”, “We” and "Us", refers to Burgess Dental Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy and Security
We are committed to protecting your privacy. Payments are securely processed with SSL technology which encrypts all your personal information and prevents it from being accessed or read by any third party. We constantly review our systems and data to ensure the best possible service to our customers. Furthermore, we are registered with the Information Commissioner Office, and as such, any information concerning the Client is subject to the Data Protection Act 1998.
Orders
By completing and submitting the electronic order form (or proceeding through the 'checkout process') you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order. Therefore while your payment may have been received or card may have been debited before the contract is formed, if the order is ultimately rejected, a full refund will be made immediately.
Payments
We currently accept card payments and electronic banking transfers (BACS and CHAPS). Card payments are processed using Stripe. If a Client chooses to pay by electronic banking transfer, the payment should arrive at The Companies bank account before any good are released to the Client. We reserve the right to cancel orders we do not receive the payment for. An order number should be included as a payment reference for all electronic banking payments. Please note that the goods will be released when we receive the full payment.
Prices
All prices indicated for products available via this website are in pound sterling and exclude value added tax (VAT) of 20%. Prices are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery information of this website. Despite our efforts, occasional pricing errors may occur. We reserve the right to revise pricing errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation or your card has been debited.
Discounts
The Company may at its absolute discretion offer the Customer a discount on the price of the Goods. For the avoidance of doubt all discounts are exclusive of VAT and the Company reserves the right at any time to withdraw all discounts offered with immediate effect.
Shipping
Orders are collected by the Client at training centres and must be counter signed to confirm they are as the Client ordered. We currently do not offer a delivery service to the Client
Availability
Unless otherwise stated, the products featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. The Company does not warrant that the service from this site will be uninterrupted, timely or error-free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Returns and Cancellations
Orders can be cancelled at any time before they are received and signed for by the Client
Refunds will be returned via purchase method or as a refund to the card used to make the purchase. With card refunds, we reserve the right to deduct the fee charged by our card processing company. Currently it is 1.4% for European cards, and 2.9% for non-European cards.
In the event of a Client not being entirely satisfied with any goods received, the notification in writing (email) must be made within five working days of the delivery. These cancelations are processed on a discretionary basis, which means that we may not approve such cancellation.
If cancellation is approved, the goods must be returned within 14 days of delivery at clients cost and must be in a condition suitable for re-sale, unused, and inclusive of all original packaging, instructions, and accessories. It is the Client's responsibility to ensure that goods are adequately packaged and labelled. Goods that are damaged or lost in transit to us will not be credited. Returns must be sent to the address we will provide after authorising the return.
If a Client receives a discount or extra "free" items with the order and wants to return part of the order, then the refund amount will be proportionally adjusted if the return is accepted. For example, if a Client got extra products with a value of 10% of his order or a discount of 10%, then the refund amount will be reduced by 10%.
If a Client receives a free item as part of a promotional campaign that requires a purchase of a product which he then wants to return, then the free item should also be returned in a sellable condition if the return is accepted. Otherwise, the price of the free item may be deducted from the amount of the refund.
Upon receipt of returned goods and provided that the relevant conditions have been complied with, a refund will be provided at a sum equal to that which the Client paid for the goods excluding the original delivery charges and excluding the costs of returning the goods to us. The Client should contact us in the event of not receiving an acknowledgment or refund from us within 14 days.
We aim to process refunds for cancelled or returned orders immediately. However, please allow 7 working days before contacting us with a refund query.
Late payment interest and charges
We reserve the right to invoice and/or charge statutory late payment interest and fees in line with "The Late Payment of Commercial debts (Interest) Act 1998 (as supplemented and amended)". We usually send at least one reminder letter if the payment is overdue by over 1 month. At our discretion, we may refund the statutory fees in the form of account credit if the late payment is settled in full within the time specified in the letter.
The Company reserves the right to pass on any costs and charges resulted in a disputed claim made by a cardholder if he/she chooses to dispute the transaction with a bank before trying to resolve it with us.
Warranty
Subject as expressly provided in these Terms and Conditions, conditions, or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
Where goods are supplied to the Company with the benefit of a warranty from their manufacturer that warranty will continue to apply to the Goods following sale to the Client, whether Goods are sold individually or as a package and the Client should return any faulty Goods to Ourselves.
Heaters are warranted against manufacturing errors and defects in materials. The manufacturers normally reserve the right to analyse and determine the cause of any problem. Warranty is voided should the product be not used correctly or for the intended purpose or has been tampered with by unqualified personnel or has had non original parts installed.
We reserve the right not to honour warranty and returns for the goods which were not paid in full before the due by date shown on the invoice. Products with payments overdue by more than two months would be subject to minimum £30 admin and late payment fee, if the warranty/refund is accepted. This is provided that the invoice has been paid.
For majority of the products presented on this website or via training, trade shows and conferences, The Company acts as an agent. However, in case of any warranty claims, products can be returned to The Company, which will then arrange for the products to be inspected and/or repaired/replaced if required.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
§ excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
§ excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), loss of goodwill, loss of data, loss of anticipated savings, loss of income or revenue, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
External Links
External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
Copyright notice
Burgess Dental logo and contents of this website (including text, design and graphics) are trademarked and copyrighted materials of either Burgess Dental Ltd or its partners or manufacturers or the trademark holders. All rights are reserved. Burgess Dental has taken all reasonable steps to ensure that the intellectual property of third parties is not infringed. If, however, you genuinely believe that the material on this site infringes any intellectual property rights, please email us.
If you email us any materials, including but not limited to graphics, texts or other images, you confirm that you have the copyrights to those materials and give us the authority to use it on our website, promotional materials and to promote it on other website, social media, etc.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place.
Miscellaneous
The Client shall be responsible for ensuring that all statutory governmental regulations, local authority regulations, operating instructions and safety precautions are complied with in relation to goods and products supplied to it by the Company.
It is illegal to send contaminated goods through the post.
If you have any concerns about material which appears on our site, please email us
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a purchase or Agreement indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
