Orders are despatched within one to three working days of receipt of cleared payment by the stated means of delivery.
If you wish to return a product for any reason, please contact us on 01629 735894. We will advise you on the returns procedure. Please have ready your delivery details i.e unique internet reference number, order number etc. to enable us to carry out a quick and efficient service.
TERMS & CONDITIONS BACKGROUND:
This agreement applies as between you, the User of this Web Site and Physio & Medical Supplies Ltd. the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that physiomedical.co.uk advertises and/or makes available for sale through this Web Site;
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“User”/“Users” means any third party that accesses the Web Site and is not employed by Physio & Medical Supplies Ltd and acting in the course of their employment; and “Web Site” means the website that you are currently using (http://www.physiomedical.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
4. International Customers
If Goods are being ordered from outside Physio & Medical Supplies Ltd's country of residence, import duties and taxes may be incurred once your Goods reach their destination. Physio & Medical Supplies Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Physio & Medical Supplies Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Physio & Medical Supplies Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Physio & Medical Supplies Ltd.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Physio & Medical Supplies Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.physiomedical.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Physio & Medical Supplies Ltd. To find out more please contact us by email.
10. Use of Communications Facilities
10.1When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.1.6 You must not impersonate other people, and
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Physio & Medical Supplies Ltd reserves the right to monitor any and all communications made to us or using our System.
11.1 The prices of the goods outlined on the website exclude any delivery charges which you will be liable to pay in addition to the price of the goods unless otherwise specified. You will be required to pay the delivery charge as outlined, which will be added to the cost of your order.
12. Goods, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Physio & Medical Supplies Ltd correspond to the actual Goods, Physio & Medical Supplies Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 13.1 for incorrect Goods.
12.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
12.3 Physio & Medical Supplies Ltd does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site
12.4 All pricing information on the Web Site is correct at the time of going online. Physio & Medical Supplies Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.
13. Returns Policy
Physio & Medical Supplies Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
13.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 7 days to arrange return. Physio & Medical Supplies Ltd is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
13.2 If any Goods you have purchased have faults when they are delivered to you, you should contact us within 28 days to arrange return. Physio & Medical Supplies Ltd is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
13.4 If Goods are damaged in transit and the damage is apparent on delivery, you should report such damage to Physio & Medical Supplies Ltd within 7 days, and arrange return. Physio & Medical Supplies Ltd is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.5 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Physio & Medical Supplies Ltd within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Physio & Medical Supplies Ltd. You are responsible for paying shipment costs if Goods are returned for this reason.
13.6 If you wish to return Goods to Physio & Medical Supplies Ltd for any of the above reasons, please contact us on 01629 735894 to make the appropriate arrangements.
13.7 Physio & Medical Supplies Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.7.1 Any use or enjoyment that you may have already had out of the Goods;
13.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
13.7.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
14.1 Physio & Medical Supplies Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
14.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
14.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
15. Changes to the Service and these Terms and Conditions
Physio & Medical Supplies Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Physio & Medical Supplies Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
16. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. Physio & Medical Supplies Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, Physio & Medical Supplies Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts Physio & Medical Supplies Ltd's liability for death or personal injury resulting from any negligence or fraud on the part of Physio & Medical Supplies Ltd.
17.3 Nothing in these Terms and Conditions excludes or restricts Physio & Medical Supplies Ltd's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
17.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises, or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
21. Law and Jurisdiction
These terms and conditions and the relationship between you and Physio & Medical Supplies Ltd shall be governed by and construed in accordance with the Law of England and Wales and Physio & Medical Supplies Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.