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Hyperbaric Oxygen Treatment UK

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Standard Terms and Conditions for Customers

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  1. General

 

  1. These Terms and Conditions shall apply to all contracts for the sale of goods by us (as the seller) to you (as the buyer) and shall prevail over any other documentation or communication between us.

 

  1. Please read this document carefully before submitting an order to us, as they contain important information relating to our contract with you, our products, our prices, delivery, cancellations, returns and our liability to you if something goes wrong. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.

 

  1. All orders shall be deemed to be an offer to purchase goods pursuant to these Terms and Conditions and are subject to acceptance us. Acceptance of a sales order confirmation or pro forma invoice for goods shall be deemed conclusive evidence of your acceptance of these Terms and Conditions.

 

  1. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

 

  1. Our contract with you

 

  1. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us. We may choose not to accept an order for any reason.

 

  1. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

  1. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

  1. If you wish to make a change to a product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see further below).

 

  1. Product information

 

  1. Any description given or applied to our products is given by way of identification only and the use of such description shall not constitute a sale by description. By purchasing goods from us, you affirm that you do not in any way rely on any description when entering into the contract.

 

  1. We reserve the right to alter prices or withdraw and modify products from time to time.

 

  1. Our products may vary slightly from their pictures. The images of the products in our marketing materials and on our website are for illustrative purposes only. Although we have made every effort to ensure that our products are accurately represented there may be minor variations and where products are displayed on our website we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Product packaging may also vary from that shown in images in our marketing materials and on our website.

 

  1. You must ensure that all products are used by you in a safe and appropriate manner, in accordance with the manufacturer’s instructions and guidelines, and taking into account any health or medical conditions of the user. Our products may not be appropriate for every individual or for your condition. Always ask your doctor about all treatment options, as well as their risks and benefits, and whether our products are appropriate for your condition.

 

  1. Price and payment

 

  1. The price of our goods shall be that stipulated in our current price list or on our website or as contained in your order quotation (as applicable) at the date of order or as agreed between the parties. The price is in GBP pound sterling inclusive of VAT.

 

  1. All prices of our goods are stated exclusive of any applicable delivery costs. Any costs of delivery shall be notified to you before you place your order.

 

  1. Payment of the total purchase price including VAT and any applicable delivery charges usually must be made in full before dispatch of the goods, unless we agree that you only need to pay a deposit in which case the balance must be paid upon delivery and installation.

 

  1. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

  1. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

  1. Delivery and collection

 

  1. Unless otherwise agreed in writing, delivery shall take place at the address specified by you when you placed your order and within the timescale specified by us.

 

  1. We typically carry out delivery and installation of goods ourselves to your specified address. Delivery and installation is provided free of charge for customers whose address is within a 20 miles radius of our office in Cleveleys, Blackpool. A delivery charge will apply for addresses outside that radius, with the amount calculated according to the distance we are required to travel. Any such costs of delivery shall be notified to you before you place your order.

 

  1. We do not usually use a third party delivery service, unless specifically requested by you and for international orders. 

 

  1. Delivery times may vary from time to time. Any delivery period specified by us is an estimate only and shall not be of the essence of the contract. We shall use our reasonable endeavours to meet any stated delivery period or booked delivery date. However, we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery period or date.

 

  1. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If the product is out of stock, you will be advised immediately. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

  1. The delivery address specified by you must be safely accessible by us. If someone is not available at your address to take a pre booked delivery and the delivery needs to be rescheduled, you will need to pay any additional delivery charges which apply.

 

  1. A product will be your responsibility from the time we deliver the product to the address you gave us. However, you will not own any goods until we have received payment in full for those goods (including any delivery fees). We reserve the right to collect or require return of any goods where full payment is not received within the time specified on your invoice, order form or otherwise specified.

 

  1. Sometimes we may need certain information from you so that we can supply our products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

  1. Cancellations and returns

 

  1. If you are a consumer, for most products bought off-premises or online you have a legal right to change your mind within 14 days from receipt of your goods and to receive a refund. This right will not apply to any goods which are “bespoke”, meaning that they have been sourced or made to your requirements or specification or otherwise tailored in any way for you. We will inform you at the point of order if your goods will be bespoke and therefore will not qualify for any cooling off period.

 

  1. If you are a consumer entitled to this right to change your mind and you wish to exercise your right, please let us know by contacting us by email. The cancellation period will expire after 14 days from the day on which you receive the goods.

 

  1. You must either return the goods to us yourself or pay the direct cost of returning the goods. If we agree to collect the goods, you must pay the cost of collection which will be notified to you when you book the collection and we are allowed to deduct this fee from any refund. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

 

  1. All goods to be returned must be unused, in a fully saleable condition, fully packaged and sealed in the original packaging format clearly showing your order number. Where returned goods or their packaging are found to be damaged by you, you will be liable for the cost of remedying such damage.

 

  1. We will make any refund using the same means of payment as you used for the initial transaction unless expressly agreed otherwise. Unless we have collected the goods from you, we may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods.

 

  1. You are responsible for inspecting the packaging of your goods for visible signs of transit damage before signing any delivery receipt document. In the event of visible signs of transit damage, you must clearly mark the goods received as 'damaged' before signing and notify us within 24 hours. To avoid ambiguous situations, you must also inspect the goods themselves immediately upon receipt and notify us within 48 hours of delivery if the goods are damaged or defective, with appropriate pictures of any defects. We do not accept damage claims that may have resulted from mishandling of the product or which take place after installation. We also do not accept damage claims once the product has been moved to a different location from the point of delivery or installation.

 

  1. Where a claim of fault, defect or damage is made then it shall be our responsibility to either collect the faulty goods and provide you with replacement goods, or to do our best to repair or replace the faulty part. If neither of the above is possible, the damaged/defective goods will be collected and a full refund for the damaged goods only (including delivery costs, if applicable) will be made. We will not be held responsible for any other loss or costs caused to the customer. Should the reported fault on a returned item be related to incorrect use of an item, or failure to adhere to any use instructions, we reserve the right to charge a restocking fee for the goods.

 

  1. Our right to end the contract

 

  1. We may end our contract with you by writing to you if you break the contract if you:

 

  1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

 

  1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

 

  1. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

 

  1. If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

  1. Limitation of liability

 

  1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products.

 

  1. To the fullest extent permitted under any applicable law, under no circumstances will we be responsible or liable for any loss or damages of any kind, including personal injury, or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to your use of or inability to use our products or services.

 

  1. To the fullest extent permitted by applicable law, in no event will our total liability to you, for all possible damages, losses, and causes of action in connection with your use of or inability to use our products or services and your rights under these terms, exceed an amount equal to the amount you have paid us in connection with those goods and services.  For purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by us.

 

  1. If you use our products for any commercial, business or re-sale purpose we will have no liability to you or any other third party for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. Force majeure

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any event or circumstance beyond our reasonable control including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pandemics or other public health issues or measures, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and in those circumstances we shall be entitled to a reasonable extension of our obligations.

  1. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

  1. Governing law and jurisdiction

 

  1. These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

  1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.

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