BY PLACING AN ORDER ON THIS SITE OR PURCHASING GOODS OR SERVICES OVER THE TELEPHONE OR BY ANY OTHER METHOD YOU ACCEPT OUR TERMS AND CONDITIONS.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
NOTE THAT THE TERMS AND CONDITIONS WILL VARY DEPENDENT ON WHETHER YOU ARE A PRIVATE OR BUSINESS BUYER.
OXYGEN CONCENTRATOR SALES DISCLAIMER
Oxygen is a General Sales List prescription drug, and we will require you to confirm your prescription and that you are under medical supervision regarding the use of oxygen. We will not require to see evidence of your prescription. We assume that you have sought appropriate medical advice from a GP or Healthcare Professional prior to purchasing any oxygen concentrator products. By agreeing to the appending terms and conditions of sale, you also agree to this “sale of oxygen concentrators” disclaimer and you agree to take full responsibility for the use of any oxygen equipment we provide, and fully indemnify Bar O2 Limited T/A The Oxygenstore against any liability under section 11 of our terms and conditions should you use the product(s) contrary to the advice of the Healthcare professional and/or your prescription.
1. Format and Acceptance of the Contract
1.1 These terms of sale apply to all goods supplied by Bar O2 Limited, trading as The Oxygen Store, whose registered UK office is Old Bank Chambers, 4 Glebe Street, Stoke on Trent, ST4 1HG registered in England and Wales No. 4192727 VAT No 770471724 (hereafter called the "Supplier", or "we", or "our").
1.2 All orders placed by you and purchases of goods or Equipment Rental from us (whether by Telephone, Purchase Order, Email, via our Website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us and become legally binding to both Parties when either;
1.2.1 For Private Buyers, in conjunction with The Consumer Contract Regulations (as applicable for UK Customers): (i) For ex stock UK delivered orders, by delivery of the goods to you; or (ii) by providing the goods you have purchased to you at either your home or by your collection from any of our Locations e.g. our Warehouse or Offices. (iii) For export orders at the time of dispatch from our UK premises. (iv) For special order items or Medical Equipment covered under Part 3 Regulation 27 Sections A and B of The Consumer Contracts Regulations items at receipt of payment for the order.
1.2.2 For Private Buyers the processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute our legal acceptance of your order.
1.3 For Business Buyers, when we accept your order and Invoice you for the Goods.
1.3.1 For Business Buyers Sending you an invoice for the goods or the processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) constitutes our legal acceptance of your order.
at which point a legally binding contract is constituted between you and us.
1.5 If we cannot accept your order for example (but without limitation) because the goods are found to be unavailable we will notify you by telephone or email.
1.6 In the event that, after you place your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with condition 2.4 below.
1.7 For Private UK Buyers the contract may be subject to your right of cancelation under The Consumer Contract Regulations (see condition 7 below) Your right to cancel excludes Medical Equipment covered under Part 3 Regulation 27 Sections A and B of The Consumer Contracts Regulations .
1.8 The Supplier reserves our right to cancel any order or may refuse to sell to any Private or Business Customer without giving a reason.
1.9 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description, Lead Time, and Price of the Goods
2.1 The description, lead time and price of the goods you order will be as shown on the Supplier´s website or on our Invoice at the time you place your order.
2.2 If after the placing of your order we discover that the goods are permanently unavailable, we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3 If following our acknowledgement of your order we discover that some but not all of the goods are permanently unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 (Delivery) below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If prior to concluding the contract a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
2.4.1 Placing a new order at the correct price for those goods;
2.4.2 Cancelling the whole of your order; or
2.4.3 Cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) If all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) If only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required (subject to the total order value) to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
2.7 Most items are normally ex stock, occasionally items may be out of stock, if we expect an item to be out of stock for a period exceeding 30 days, we will advise you as soon as possible. This excludes special order items which the lead time will be advised on our website.
2.8 Some items on our web site are marked "Special Order" or "Bespoke Items" or Medical Equipment covered under Part 3 Regulation 27 Sections A and B of The Consumer Contracts Regulations. These items cannot be cancelled once payment is received.
2.9 Specified Lead Times advised for Special Order items are for advice only and may be shortened or extended and do not form part of any contract between us.
3. Payment and VAT
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website or by bank transfer or cheque at the time you place your order.
3.1.1 Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 Where applicable VAT at the current Government rates will be charged on all VAT eligible products.
3.5 Customers who are VAT exempt must provide a VAT exemption certificate along with their order prior to any goods being dispatched.
3.6 We reserve the right to charge an administration fee of £35.00 to process any VAT refund where a VAT exemption certificate has not been provided in advance of the order being shipped or where goods have been subsequently permanently exported from the UK.
4.1 The goods you order will be delivered to the address you give when you place your order normally within 30 days except for special-order items.
4.1.1 If after your order has been dispatched you require your order to be re delivered to an alternative address a charge of £15.75 will be required for UK Mainland orders. (A redirection approval is subject to your order and account status) For non UK orders this charge may vary.
4.2 Orders placed before 12.00 on a working day will normally be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays)
4.2.1 Buyers selecting next day delivery (where applicable) for available items may place orders up to 14.00 but to ensure that stock is available we request that you call to confirm before placing the order.
4.3 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 Sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
4.5 If you fail to take delivery because you have cancelled your contract under The Consumer Contract Regulations Act (Excluding Medical Equipment covered under Part 3 Regulation 27 Sections A and B of The Consumer Contracts Regulations) the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier un-used and in their original condition and including un-opened packaging.
Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods because of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition, then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery, then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
4.7.1 If following delivery of your order any item(s) appear damaged you should notify the Supplier immediately and no later than 7 days following delivery. We will not accept any notification of damage after a 7-day period following delivery.
Any items that are damaged should not be used and should be returned to the Supplier for refund or exchange.
4.8 Missing items, if any item is missing from your order please notify us within 7 days, we are unable to investigate any missing item after this period.
4.9 Free Delivery on orders over £75.00 is our standard 2-3-day delivery service and includes all stocked website products. It excludes next day delivery, Insured Delivery and any Collections and applies to UK Mainland addresses only. Delivery on all Special Order, Bespoke or Custom ordered Oxygen Plant and Oxygen Generators is excluded, and Delivery will be separately quoted. International orders are also quoted separately.
Should items be returned for a refund that have been shipped on free delivery, a fee of £15.75 will be deducted from the refund amount.
5 Risk/Title; Private Buyers
5.1 For UK buyers the goods are at your risk from the time of delivery.
5.2 For Non UK buyers the goods are at your risk from the time of dispatch from our UK premises.
5.3 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.3.1 The goods,
5.3.2 All other sums which are or which become due to the Supplier from you on any account.
5.4 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Risk/Title; Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancelation Private Buyer (Non-Business Purchases)
7.1 If you are a Private Buyer in the UK, under The Consumer Contract Regulations Act you may have the right to cancel the contract at any time up to 14 days after you receive the goods this excludes items that are "special Order" or medical items covered under Part 3 Regulation 27 Sections A and B of The Consumer Contracts Regulations.
Please note that this policy has some limitations (it only applies to goods delivered to the UK and EU and excludes Oxygen Masks, Oxygen Tubing and Oxygen Cannula and all other items where the goods are supplied with a seal for health protection and hygiene reasons, such items cannot be returned where the seal has been broken ) and does not apply to business customers.
7.2 To exercise your right of cancelation (if applicable), you must give written notice to the Supplier by hand, post, email or the notes section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or miss-described goods, if you exercise your right of cancelation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns online section of the Supplier's website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with condition 8.4, 8.5 or 8.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure (see condition 12 below).
7.4 Once you have notified the Supplier that you are cancelling the contract (if cancellation is allowable), the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any collection charges or non-refundable items.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6For order returns not notified to us within 14 days of receipt (exempt from Distance Selling Regulations) we reserve the right to deduct a re-stocking fee of 30% of the item value, excluding VAT and excluding delivery charges.
7.7 For Business Purchases, any order cancellations (excluding items referred to in condition 7.7.1) made after payment has been received by Bar O2 Limited will be cancelled and refunded less a 30% re stocking / cancelation charge, cancellations will only be accepted within 7 days of the payment being made.
7.7.1 Special order items or bespoke order or Medical Equipment covered under Part 3 Regulation 27 Sections A and B of The Consumer Contracts Regulations items may not be cancelled.
8 Goods Permanently Exported from the UK
8.1 For Non-UK buyers exported goods are at your risk from the time of dispatch from our premises.
8.2 Non-UK buyers are responsible for any clearance charges, import duties or local tax that may be charged to import goods into their country of residence.
8.3 Where exported goods are not cleared through customs at the country of delivery, should the goods be returned to us, all clearance charges, import duties import tax or any other charges incurred by us will be deducted from any subsequent credit agreed with the Customer.
9.1 All Machines and Equipment supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This does not apply to consumable goods.
Items such as Portable and Static Oxygen concentrators may have a warranty for up to 36 months, please see the individual items warranty details provided with your purchase.
This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the warranty period, you should follow the Supplier's Returns procedure (see condition 14 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the Supplier will (at its option) either:
9.1.1 repair those goods;
9.1.2 or replace those goods, if the Supplier has available the same goods at the same price;
9.1.3 refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier's Returns procedure (see condition 12 below).
9.2 Wherever possible, previously used or owned goods ("Used Goods") will be highlighted as being so used on the Supplier´s website at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for 90 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90-day warranty period, you should follow the Supplier's Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the Used Goods, the Supplier will (at its option) either:
9.2.1 replace those Used Good(s), if the Supplier has available the same Used Goods(s) at the same price;
9.2.2 repair the Used Good(s); or
9.2.3 refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the
Supplier´s Returns procedure (see condition 13 below).
9.3 The warranties in conditions 8.1 and 8.2 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier´s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
9.4 If the goods supplied to you are damaged in transit, you should notify the Supplier in writing via the notes section of the website within 7 working days of receipt of the goods (please note that this is 48 hours for our business customers) and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1, 8.2 and 8.5.
9.5 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 30 calendar days (please note that for our Business Buyers, this is 14 calendar days) of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 14 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1 and 8.2.
9.6 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
9.7 If there is a discrepancy with the goods supplied to you, you should notify the supplier in writing within 7 days of receipt of the goods.
10. Non-Warranty Repairs and Servicing
10.1 For all Non-Warranty repairs / service cases the inspection fee must be paid in full prior to any work taking place.
10.2 Additional to the inspection fee further charges for parts if required may be applied, you consent to this when you send us your machine for service/repair. We will endeavour to advise of the full repair cost and ask for your approval to proceed giving you a cost estimation, where a machine has been sent to a Manufacturer for repair this may not always be possible.
10.3 Where machines are sent to us for service/repair and the Inspection fee not been paid in advance or the final invoice amount paid in full we reserve the right to charge £8.00 storage charge per machine per week.
10.4 Where payment in full has not been made for machines repaired/serviced after a 3 month period following our final invoice the machine(s) will be sold to recover any amounts owed, in this instance a storage charge of £8.00 per machine per week will also be added to the final amount due.
10.5 Where the sale price does not fully meet the total amount owed to us, we reserve the right to take legal action to recover any outstanding amounts.
10.6 Where the sale price exceeds the total amount owed to us we will refund any difference to the Customer.
11. Limitation of Liability
11.1 The Supplier shall not be liable to you for any loss or damage in circumstances where:
11.1.1 There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
11.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
11.1.3 Any increase in loss or damage resulting from breach by you of any term of this contract.
11.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
11.3 If you are a Business Buyer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
11.3.1 Loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
11.3.2 Any indirect or consequential losses, liabilities or costs.
11.4 If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.
12. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product, all images are subject to copyright and are the property of Bar O2 Limited, images may not be re-produced without or written consent.
14. Returns, Cancellations and Refunds
14.1 For all details of the Supplier´s returns and Cancellation policy and procedures please click the link below:
14.2 Returns will only be accepted in an unused and un-opened condition, items returned to us opened and used will not qualify for any refund.
14.2.1 A deduction may be made if the value of the goods has been reduced because of you handling the goods more than was necessary. The extent to which you can handle the goods is the same as it would be if you were assessing them in our Showrooms or a shop.
14.3, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs and an inspection fee via your original payment method.
14.3.1 In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
14.4 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier and you have a tracking no and proof of delivery provided.
14.5 All returns/ Cancellations from Business Purchasers will be subject to the deduction of a 30% cancellation/ re stocking fee. Returns must be notified and returned within 7 days of receipt of the order.
14.6 Special Order Bespoke items may not be returned or cancelled.
14.7 Refunds will be made within 14 days of our receipt of returned/cancelled items.
14.8 Should items be returned for a refund that have been shipped on free delivery, a fee of £6.25 will be deducted from the refund amount.
15 Excusable Delays.
The schedule for shipment of orders or performance of Services will be modified for delays resulting from causes beyond Seller’s reasonable control, including but not limited to, strikes, restrictions of the United Kingdom Government or other governments having jurisdiction, delays in transportation, inability to obtain materials, or manufacturing facilities.
16. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.