Terms and Conditions
Every quotation, price list or other similar document made or issued by EMFields is made or issued subject to these general Terms and Conditions of Sale. These terms and conditions do not affect consumers' statutory rights as contained in current legislation governing the relationship between consumers and businesses.
These conditions are governed by and construed in accordance with the laws of England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your contract is with:
Consumer Terms and Conditions
Items to purchase and hire (exceptions with regard to hire conditions are noted)
Acceptance of orders
No contract for the sale of any product online will subsist between you and EMFields unless and until EMFields accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed for all purposes to have been effectively communicated to you at the time EMFields sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by EMFields of your offer to buy goods from EMFields. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it. The confirmatory e-mail will also contain a link to these terms and conditions, which may be amended from time to time.
EMFields at its absolute discretion may accept or reject any order for any reason whatsoever.
EMFields warrants that the goods will at the time of delivery correspond to the description given by EMFields. It is the responsibility of the customer to check the suitability of goods for any particular purpose before ordering. EMFields hereby reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.
EMFields' normal terms of business are for all payments to be completed before dispatch of goods. We do not accept payment by cheque as from 20th February 2012. All prices include sales taxes (where applicable) unless otherwise stated. Delivery charges are made according to the information contained on the website. The contract will be deemed as active once payment has been received by EMFields.
You undertake that all details you provide to EMFields for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
Customers will be given an estimated date of dispatch when placing orders.
EMFields attempts to arrange shipment of all in stock items within 3 working days of receiving your order (for instrument hire, see below). If your order has been marked as a "premium" order, we guarantee to dispatch either the same or the next working day (depending on the time of day you place your order), assuming the item is currently in stock. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable.
You can keep track of your order status yourself on-line with the order tracking facility on your account page.
Whilst every reasonable effort shall be made to keep to any delivery date, EMFields 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. Please note that your goods may be sent to you in instalments.
Damages, shortages & losses
The customer shall report any damage to EMFields in writing within 3 days of delivery (for instrument hire, see below). Provided prompt notice of damage is given and provided it is proved to EMFields' satisfaction that any damage occurred in transit in the UK but not otherwise, EMFields will repair or replace the damaged part of the order free of charge to the customer. In the event of the customer deciding that a replacement or repair of the damaged item is not wanted, the item is to be returned, together with the original invoice, and EMFields will refund the amount paid for the goods in question together with the return expenses, with the exception of paint.
The customer shall report any shortage to EMFields in writing within 3 days of delivery (for instrument hire, see below). The missing item will be sent free of further charge to the customer.
EMFields will be responsible for any losses you suffer as a result of our breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
Ownership and Risk
The risk in the goods shall pass from EMFields to the customer upon delivery of such goods to the customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the customer until EMFields has received in cash or cleared funds, payment in full for all goods delivered to the customer under this and all other contracts between EMFields and the customer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any sum payable under the terms of this and all other contracts between EMFields and the customer under which the goods were delivered.
Should any product malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion) then all costs incurred by EMFields in repairing such products and investigating the causes of the malfunction shall be payable to EMFields.
EMFields will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, terrorism, floods, droughts, riots, fire, legislation or other cause beyond EMFields' reasonable control. This does not affect your statutory rights. If EMFields choose not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.
Under no circumstances shall EMFields be responsible for any indirect, incidental or consequential damages.
EMFields does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
EMFields will do its best to correct errors and omissions as quickly as practicable after being notified of them.
You and EMFields will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
The products sold on the Site are provided for private domestic and consumer use only. Accordingly, EMFields do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from EMFields.
Distance selling regulations
The terms and conditions of sale detailed below are provided for your information, in line with legislation contained in Consumer Contracts Regulations 2014. This legislation covers items bought where there is no direct contact between the supplier and the consumer.
If you have any questions or complaints regarding EMFields, these can be addressed to the Customer Services department at the above address. EMFields will endeavour to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that customers are informed of the progress of complaints as appropriate.
Details of the specification, price and arrangements for payment of the goods purchased by distance selling are available on the EMFields website (www.emfields-solutions.com). Customers may want to print out copies of web orders for their records.
We provide occasional links to the websites of other organisations. We are not responsible for examining or evaluating their products or services, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. EMFields does not assume any responsibility or liability for the actions, products, and content of any of these.
When ordering goods from EMFields for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from EMFields, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
In these Terms, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
EMFields reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of EMFields' trade marks, trade and business names and service marks under this Agreement will vest in EMFields, as appropriate.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EMFields and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of EMFields and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of EMFields and is protected by United Kingdom and international copyright laws.
EMFields may amend these Terms from time to time, and place the new version on the Site. When EMFields does so, it will mention the fact on the home page. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following EMFields' posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between EMFields and you relating to your purchase. EMFields advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by EMFields. We will store a copy of the contract entered into by you with EMFields. You are advised to read (and are responsible for reading) fully all information on this website.
If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
EMFields grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EMFields. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EMFields and its affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilising EMFields' trademarks without the express written consent of EMFields. Any unauthorised use terminates the permission or license granted by EMFields.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of EMFields as long as the link does not portray EMFields' products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EMFields logo or other proprietary graphic or trademark as part of the link without our express written consent.
Instruments to hire
Instruments are not available to hire outside the UK.
Terms and conditions for instrument hire contracts will be the same as for items purchased, with the following amendments:-
All hires must be paid for by credit or debit card. This information will be kept on file until the safe return of the instrument.
EMFields attempts to arrange shipment of all instruments within 3 working days of receiving your order. If you need the instrument urgently you will need to contact EMFields at the number listed on the website to check whether the instrument(s) required is/are in stock. Some items may be temporarily unavailable. If the instrument(s) is (are) in stock, then a payment of a premium charge will guarantee your order will be dispatched either the same or the next working day, and the postage method changed to the fastest one possible.
The customer shall report any shortage or damage to EMFields by email or by telephone between 9.00 and 4.00 Mondays to Fridays within 24 hours of delivery of the instrument. If the customer damages the instruments through misuse (e.g. dropping), they are liable for repair costs.
The risk in the goods shall pass from EMFields to the customer upon delivery of such goods to the customer for the duration of the hire contract, and until delivery of the returned instruments to EMFields.
Title and property in the goods, including full legal and beneficial ownership, will remain with EMFields at all times. Non-return of the instruments under a hire contract will result in the payment of the full price of the instruments by the customer to EMFields. Late return of the instruments will result in a late return payment being due to EMFields by the customer under the terms of the hire letter accompanying the instrument on its dispatch to the customer.
Cancellations, returns and refunds
You may cancel your internet order at any time prior to your order being shipped by clicking on the 'cancel' link next to the product ordered on your account page on the website.
If an error is discovered in the price of the goods that you have ordered, we shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
If you deem any item to be faulty, you must contact us by email with the comment FAO the Technical Support Department, or in writing within 24 hours of delivery of the product. Should the Department be satisfied that the product is faulty, EMFields will send a replacement or will refund the cost and customer postage to the customer within 14 days, by agreement with the customer.
If the item deemed to be faulty by the customer is part of hire contract, the instrument(s) should be returned to EMFields' Technical Support Department at the above address, together with a description of the fault in writing. Should the Department be satisfied that the instrument is faulty, EMFields will send a replacement product for the full hire period or will refund the hire charge and customer postage to the customer within 14 days, by agreement with the customer.
Under distance selling regulations state that you have the right to cancel an order until 7 working days from the day after you receive your goods. This cooling off period does not apply to goods hired. Customers may return faulty goods within this period for a refund, together with the original invoice. Goods returned by the customer within this period for any other reason need to be complete and in a re-saleable condition including original packaging and receipt. The cost of returning and appropriately insuring the goods until satisfactory receipt at EMFields will be borne by the customer. Paint and windowfilm can not be returned, neither can refunds be made on purchases of paint or windowfilm. Headnets must be returned in their original (unopened) packaging to qualify for a refund. We will not make refunds on any personal item which has been removed from its original packaging. We reserve the right to make a 15% handling charge on any such return.
To cancel the contract under the terms of the Direct Selling legislation with EMFields, the Customer Services Department must be contacted in writing at the above address within 7 days of receipt of the goods. The customer will be required to return the goods to EMFields before a refund can be processed.
Once EMFields receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to EMFields from your credit or debit card in relation to your order will be re-credited to that credit or debit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by EMFields in the condition that they were in when delivered to you.
EMFields reserves the right to make a 15% handling charge for material cut to a specific length requested by the customer, for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Your statutory rights are not affected.
Business Terms and conditions
The Customer is a term used to refer to either the Buyer or the Hirer, in cases where either is appropriate.
These conditions shall apply to all contracts for the sale or hire of goods by the Seller to the Customer to the exclusion of all other terms and conditions including any which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
No variation or addition to these conditions shall be effective unless agreed in writing by the Seller.
No contract for the sale or hire of goods shall arise until the Seller dispatches the goods to the Customer or the Customer notifies the Seller in writing of its acceptance of the Seller's quotation (whichever shall first occur).
Acceptance of delivery of goods shall be deemed conclusive evidence of the Customer's acceptance of these conditions.
Nothing in these conditions shall affect the statutory rights of any consumer.
Items to purchase or hire
The price shall be that on the Seller's current list price (or if applicable, the price contained in the Seller's quotation).
The Seller reserves the right to revise prices prior to dispatch of goods to reflect any direct or indirect increase in costs. If the Seller revises the price the Customer must be informed prior to dispatch.
Prices may not include charges for packing and postage plus VAT which shall be paid in addition. Any goods which are zero-rated for VAT will contain a VAT element in the packing and postage rate applied only.
Payment must be made in full before dispatch of any goods.
The Seller warrants that the goods will at the time of delivery correspond to the description given by the Seller. 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 condition 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.
Whilst every reasonable effort shall be made to keep to any delivery date and time, the Seller 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 address specified by the Customer in the contract, and the Customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
Ownership and risk
The risk in goods shall pass to the Customer when either the Customer receives the goods, including hired instruments, or a contract is made but the goods are kept at the Seller's premises at the Customer's request.
The Seller remains the owner of the goods affected by the contract until the Seller has been paid in full for such goods. In the case of hired instruments, the Seller remains the owner of the goods at all times.
If any payment due under these conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and / or re-sell the goods or any of them and may enter the Customer's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the Customer shall be liable for all the Seller's costs of so doing.
If the Customer is a consumer and wishes to reject any of the goods which are not in accordance with the contract, the Customer must promptly give notice of rejection to the Seller and arrange for the return of the goods to the seller. The Seller will refund the Customer's postage to the Customer within 14 days of receipt of the returned item.
In the case of any other sale the Customer shall inspect the goods immediately upon delivery and shall notify the Seller within 3 days of delivery if the goods are damaged or do not comply with the contract. If the Customer fails to do this, he is deemed to have accepted the goods.
Cancellation, returns and refunds
If the Seller revises the price the Customer must be informed prior to dispatch, and have the option to cancel the order. If the Customer cancels the order due to price revision any money they have paid will be refunded in full.
No contract shall be cancelled nor shall any goods, which are in accordance with the contract, be returned without the prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
Any goods in respect of which any claim or defect or damage is made, shall be returned intact together with the original packing by the Customer to the Seller who will refund the cost of postage and packing to the Customer if the goods are in fact defective.
The goods to remain at the Customer's risk in all respects until received by the Seller. The Customer will be liable for the cost of remedying any damage to the goods returned when such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged by the Customer or through the Customer's fault.
Non-return of the instruments under a hire contract will result in the payment of the full price of the instruments by the Hirer to the Seller. Late return of the instruments will result in a late return payment being due to the Seller by the Hirer under the terms of the hire letter accompanying the instrument on its dispatch to the customer.
The Seller reserves the right to make a handling and restocking charge of 15% on goods which are returned if they were ordered in error or are no longer required.
The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the Seller's control. These events include acts of God, terrorism, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the Seller.
The Seller's failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Customer in performance of compliance with any of these conditions.
Except as may be implied by law where the Customer is dealing as a consumer, in the event of any breach of these conditions by the Seller the remedies of the Customer shall be limited to damages which shall in circumstances not exceed the price of the goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
These conditions do not affect your statutory rights.