Terms and Conditions

The following terms and conditions apply to all transactions with imperative training ltd and its when trading as defibshop.co.uk. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.

In these terms and conditions the following definitions apply:

“The Company” is Imperative Training Ltd trading as imperative training limited or defibshop.co.uk
“Customer” is the individual, company or organization placing an order for goods or services with Imperative Training Ltd or requesting information from Imperative Training Ltd
“you” or “your” refers to the customer
“We” or “us” or “our” or Our” refers to Imperative Training Ltd
“The Equipment” is any product or service supplied by Imperative Training Ltd
“The User” is any person who uses or attempts to use any items supplied by Imperative Training Ltd
“Third party” is any person, company or organization of any kind that is not either the customer or Imperative Training Ltd.

These terms and conditions do not affect your statutory rights. To order goods through our website or by any other ordering method you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions. We have the right to refuse at our discretion to supply any goods ordered by you.

We strongly advise that you consult with your GP or cardiologist before purchasing a home defibrillator. If you wish to purchase a defibrillator for possible use with a child it is essential you consult with your doctor before obtaining a unit

1) Description of Goods/Services/Warranty and Liability
Although we warrant that the goods will, at the time of delivery, correspond to the description given by us all products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods. Full details are available from the original manufacturer’s brochures & websites. Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the Suitability of the Goods for the Customer's purpose Goods are not sold on a trial basis.

2) Errors
In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.

3) Product Specifications:
Whilst we endeavour to ensure all specifications are correct at the time of publication, they do vary. As such we can accept no responsibility for incorrect information.

4) Payment Method
Payment may be made by certain credit or debit cards. All on line orders made by credit card are processed through a secure website. Payments by cheque or cash in UK pounds or Euros are also acceptable however shipment of goods or services provided will not be made until any cheque has been cleared through our bank account. Any cash sent to us is sent entirely at the customers own risk. Proof of posting cash is not accepted as proof of delivery of cash. Other payment methods may be accepted at the sole discretion of Imperative Training Ltd. Should Imperative Training Ltd agree to supply goods on credit, all invoices must be paid in full within 30 days of our invoice date or whatever payment period is specified on the invoice. If no payment period is specified then the invoice must be paid within 30 days of the invoice date. Imperative Training Ltd reserves the right to charge interest on any unpaid invoice (whether fully or partly unpaid) at the rate of 5% per month (or part thereof) of the full value of the invoice. Course certification will not be issued until payment in full has been received. VAT is payable on all transactions at the current UK rate for all customers in the UK or European Union. Customers with delivery addresses outside the European Union are not liable for VAT. Customers outside the UK are fully liable for any import duty or taxes or additional charges made by customs or other authorities. Imperative Training Ltd accepts no liability for the payment of any import, export or similar duty or tax imposed due to shipping of goods outside the United Kingdom.

5) Availability of Goods/Services
All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock for more than 7 days and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be cancelled.

6) Delivery
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery of the Goods shall be made to the Customer's address and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7) Title of Ownership
Title of ownership of any goods invoiced and delivered will not pass to the customer until all goods supplied have been paid for in full. Until such time that payment has been received, the customer holds the goods in good condition and easily identifiable on behalf of Imperative Training Ltd. An order placed by a Customer is deemed to be a financial commitment by the Customer and therefore the value of the order is due payable according to our terms. Imperative Training Ltd reserves its right to recover outstanding monies as a short fall from any repossession of goods. By repossession the Customer is not relieved of its liability of the original debt or the costs related to any recovery or attempted recovery of the debt. Imperative Training Ltd reserves it's right to seek damages, debt collection fees, interest and court costs and any other recovery costs including sub sequential losses due to the default of the Customer to pay in full the value of the goods and or services.

8) Time Limitations for Notification of claims
Damaged in Transit Should any damage be identified on opening the package, Imperative Training Ltd must be advised within 48 hours of the exact damage. It is imperative that the Customer does not dispose of any of the packaging, as this will be required to affect a claim against the carrier. The claim will be handled by Imperative Training Ltd. We cannot accept any claims for damage if the above time scales are not followed.

Shortages
It is the Customers responsibility to sign for the correct number of packages that are delivered, the Customer is required to check that the number of packages delivered equal the number of packages on the delivery drivers manifest/consignment note and it is the Customers responsibility to thereafter notify us within 48 hours of delivery. Should the Customer be missing an item but has signed for the correct number of packages. The Customer must notify us within 48 hours of delivery. The Customer will be requested to provide us with a copy of the invoice as well. The matter will be investigated and the Customer will be informed of the decision.

Incorrect Goods
It is the Customers responsibility to notify us of any incorrect goods supplied within 48 hours of delivery. If the items are not as ordered, the Customer must not open the manufacturers packaging or use the item. The Customer will also be required to provide further information on what was received i.e. we may require the manufactures part codes and a full description of what has been received. Should there be any extenuating circumstances that have prevented the Customer to remain within the specified time frame, resolution will be by mutual decision.

Non-Deliveries
We will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Customers automated despatch note which is emailed to the Customer once the items have left our warehouse.
We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery outside the reported timescales. Except when extenuating circumstances have prevented notification within the reported timescale. The extenuating circumstances must be by mutual agreement.

9) Product Guarantees
All products supplied are covered by the terms and conditions of the Original Manufacturers Guarantee for a period of 12 months or longer if relevant this is in addition to the consumers’ statutory rights.

10) Cancellation of Orders
Orders cancelled after dispatch of the goods will be subject to credit only once the items are returned to us and receipted back into our Warehouse. If the items are accepted, opened and used the Distance Selling Regulations will apply. In all instances, goods must be returned as new, with no blemish, defect or parts missing, neither must the outer manufacturer packaging show any damage or be defaced in anyway. Should the items/packaging show any damage or be incomplete and defaced in any manner a 25% fee will apply, this will automatically be deducted from the credit issued. We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the items to us except where the goods are returned as faulty by customers in the United Kingdom ONLY within 30 days of our shipment date.

Courses can be cancelled or postponed at any time by the customer.

A charge for postponement or cancellation will apply.

If a course is cancelled within 14 calender days of the commencement date a 50% charge will apply.

If a course is cancelled within 5 calender days of the commencement date a 100% charge will apply.

If a course is postponed by the customer the charges above apply unless a new satisfactory date is agreed with the directors of imperative training limited.

A course can be cancelled or postponed at any time by imperative training limited without cost to imperative training limited being incurred.

11) Faulty Goods
If you think that the product you have purchased is faulty you should contact us immediately. If we are unable to determine the nature of any fault we may refer you to the manufacturer, due to their extensive knowledge of their product. If the manufacturer agrees that the product is faulty, in most cases they will be able to authorize a replacement/repair of the product direct to you. This does not affect your statutory rights. A restocking fee of up to 25% is charged on returns, which prove to be non-defective. It is therefore imperative that you have made contact with us or the manufacturer before returning any goods. The restocking fee is non-negotiable. In all instances when contacting a Manufacturer you must retain the reference code that you are given.

12) Dead on Arrival (DOA)
If the product fails within 30 days of receipt, a replacement product or full refund of the cost of the product will be offered to you.

13) Refunds
If for any reason you are issued with a refund, please note the following,
*All refunds will be issued to the same payment method as on the original order.

When a refund is processed, you will receive an email notification.

*A refund will usually reach your credit card account within 4 working days after it being processed, please allow up to 10 working days for it to be credited. We do however reserve the right to refund you within 30 days of the return.

*Faulty goods returned within 30 days, will be refunded in full including the original carriage charge (refund of original carriage charge applies to customers in the United Kingdom only). If the goods are found not to be faulty or they have been damaged by miss-use, they will be returned to you and no refund will be issued.

We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the items to us except where the goods are returned by customers in the United Kingdom ONLY as faulty within 30 days of our shipment date.

The relevant manufacturer will process all offers of “Money Back” guarantees and you should contact them directly to arrange return and refund.

14) Liability
(a) Except in respect of death, or personal injury resulting from Our negligence, Our cumulative liability for any loss or damage shall be limited to the cost of any goods supplied by us save where otherwise required in accordance with this Agreement.

(b) Except in respect of death or personal injury resulting from Our negligence, We shall not be liable, in contract, tort (including negligence), or otherwise for:

(i) any loss of profit, business, contracts, revenues, or anticipated savings; or

(ii) any special, indirect, or consequential damages of any nature whatsoever, resulting from any act or omission on Our part or any other person authorized by us.

(c) Any resuscitation (successful or otherwise) carried out by the customer or any other user or third party, whether or not a Defibrillator supplied by us is used, is carried out entirely at the users own risk. Imperative Training Ltd accepts no liability for any special, direct, indirect, or consequential damages of any nature whatsoever resulting from any actual or attempted resuscitation except in respect of death, or personal injury resulting from Our negligence

It is the customers responsibility to ensure that the equipment is used and operated only as specified in the users manuals, guides and training video supplied with the equipment It is the customers and users responsibility to be aware of all possible consequences of actual or attempted resuscitation.

15) Training
It is the customers’ responsibility to ensure that the customer and any other potential users of a Defibrillator are adequately and appropriately trained (as per the guidelines laid down from time to time by the UK Resuscitation Council ), and that this training is kept up-to-date with appropriate regular retraining.

We advise everyone who has access to, or who may be a user of, a Defibrillator to attend a comprehensive training course (from a reputable training organisation) that adheres to the training guidelines laid down by the UK Resuscitation Council for potential uses of Automatic External Defibrillators (AEDs).

The customer agrees that:

A) You and other potential users of the defibrillator are already adequately trained in the use of a Defibrillator AND/OR that you will obtain appropriate training for yourself and other potential users AND THAT:

B) Imperative Training Ltd shall not be liable for any special, direct, indirect, or consequential damages of any nature whatsoever resulting from: a) any training provided to the customer by any third party or: b) any training provided by the customer themselves AND THAT:

C) Any training provided by Imperative Training Ltd is the responsibility of Imperative Training Ltd. provided under the terms and conditions of business of Imperative Training Ltd.
It is the customers’ responsibility to ensure that the customer and any other potential users of any Defibrillator have read and understood the users guides and manuals supplied with the Defibrillator and have also watched the training video supplied. It is the customer’s responsibility to ensure that the equipment is used and operated only as specified in the user’s manuals and guides supplied with the equipment It is the customers and users responsibility to be aware of all possible consequences of actual or attempted resuscitation.

16) Force Majeure
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control.

17) No Waiver
Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.

18) Severability
In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

These Terms and Condition shall be construed in accordance with English Law.