Terms and Conditions of Sale
Terms and Conditions of Sale
‘We’ are PhysioPod UK Limited, (www.physiopod.co.uk) company number 5871545, and registered office address at 43B Plains Road, Nottingham, NG3 5JU.
We also trade as Physio Equipment (www.physioequipment.co.uk)
‘You’ are the customer purchasing products (“Goods” and/or “Specified Goods”) from Us
The terms and conditions:
In this agreement:
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means all of the work we do and materials we buy to prepare or produce Specified Goods. This will usually mean creating a bespoke therapy card to use in the Goods.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.
means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
means Goods which have been subject to Extra Work to your specific order.
means any website of ours and includes all web pages controlled by us.
These terms and conditions apply to all supplies of Goods by us to you.
2. Our contract with you
2.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2.2. Each party acknowledges that, in entering into this agreement, it does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
2.3. We may change these terms from time to time.
3. Extra Work
3.1. Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do. Extra Work is programming of the Specified Goods in accordance with your Therapist’s recommendations.
4.1. Prices for Goods and Specified Goods are available on enquiry, either through Our Website or by telephone.
4.2. Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be charged unless you meet the HMRC criteria for zero rated VAT to be charged.
5.1. We will not split an order. We require the full price of your order, including VAT where applicable, and the delivery costs, to be paid before we will send any part of it. Bank charges relating to payment in a currency other than Pounds Sterling will be borne by you.
5.2. The price of the Goods does not include the delivery charge, which will be charged at the rates applicable at the date you place your order, which will be set out in writing to you, before we ask you to pay.
5.3. If we owe you money (for any reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 14 days from the date when we accept that repayment is due.
6. Cancellation and refunds
6.1 You are purchasing sealed Goods which relate to health or hygiene, and when they become unsealed after delivery, they cannot be returned and/or re-sold, and no refunds are available.
6.2 If you are purchasing Specific Goods, additionally there is no right to cancel a contract to supply Specific Goods and no refunds are available.
7. Liability for subsequent defects
7.1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
7.2. Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Consumables such as leads, connectors, wires batteries and plugs are NOT covered by any warranty or guarantee. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
7.3. The procedure to return the faulty Goods is as follows:
7.3.1. the Goods must be returned to us as soon as any defect is discovered but not later than 1 month from receipt by you.
7.3.2. before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly, complied with any provisions relating to the power supply, plugs and sockets / other.
7.3.3. please follow the Returns Procedure provided on our website.
7.4. We will return your money subject to the following conditions:
7.4.1. we receive the Goods with labels and packaging intact.
7.4.2. you comply with our Returns Policy. We cannot return your money unless we know who sent the Goods back.
7.4.3. you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
7.5. If any defect is found, then we shall:
7.5.1. repair or replace the Goods, or
7.5.2. refund the full cost you have paid including the cost of returning the Goods.
8.1. Goods are delivered within 14 days from the day you place an order to purchase the Goods.
8.2. Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
8.3. If we are not able to deliver your Goods within 14 days of the date of your order, you shall be notified by e-mail or text to arrange another date for delivery.
8.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.5. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us
8.6. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the carrier.
8.7. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
8.8. Signing "Unchecked", "Not Checked" or similar is not acceptable.
8.9. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.10. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
8.11. If you pick up Goods from us in person then:
8.11.1. Goods are at your risk from the moment they are picked up by you or your Carrier;
8.11.2. you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
9. Foreign taxes and duties
9.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
9.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10. Goods returned
These provisions apply if you buy from us other than being a Consumer. The following rules apply to the return of faulty Goods only:
10.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
10.2. Before you return Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
10.3. So far as possible, Goods should be returned:
10.3.1. with both Goods and all packaging as far as possible in their original condition;
10.3.2. securely wrapped;
10.3.3. including our delivery slip;
10.3.4. at your risk and cost.
10.4. Our Returns Policy is set out on Our Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.
10.5. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
10.6. Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Consumables such as leads, connectors, wires batteries and plugs are NOT covered by any warranty or guarantee. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
10.7. If we agree that the Goods are faulty, we will:
10.7.1. refund the cost of return carriage;
10.7.2. repair or replace the Goods as we choose.
10.8. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
11.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
11.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
11.3. We make no representation or warranty for:
11.3.1. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
11.3.2. the adequacy or appropriateness of the Goods for your purpose.
11.4. You agree that in any circumstances when we may become liable to you, in contract, tort, product liability or any other legal basis, the limit of our liability is £5,000,000 (Five Million Pounds)
11.5. We shall not be liable to you for any loss or expense which is:
11.5.1. indirect or consequential loss; or
11.5.2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
11.6. Nothing in this clause shall limit our liability for death or serious injury.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
12.1. your failure to comply with the law of any country;
12.2. your breach of this agreement;
12.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
12.4. a contractual claim arising from your use of the Goods;
12.5. a breach of the intellectual property rights of any person.
13. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
13.1. If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org
13.2. If a complaint is made, we hope you will agree to attempt to resolve it by engaging in good faith with us directly, and in the event of any escalation, in a process of mediation or arbitration.
13.3. You should read the regulations at: http://ec.europa.eu/consumers/odr/.
14. Miscellaneous matters
14.1. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.
14.2. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute between a party and its employees.
14.3. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.