TERMS & CONDITIONS
In these terms and conditions the following words and expressions shall mean:
“Conditions” the terms and conditions set out in this document.
“Consumer” the entity identified in the Order that purchases the Goods from PLT.
“Contract” the contract between PLT and the Consumer for the sale and purchase of the Goods in accordance with these Conditions and the Order.
“Goods” the Goods sold by PLT to the Consumer as identified in the Order.
“IFU” the instructions for use provided with the Goods.
“List Price” the listed price payable by the Consumer to PLT for the Goods as detailed on the website or in the Order. Delivery costs are additional to the List Price.
“Order” the online order form submitted by the Consumer.
“PLT” Physiolab Technologies Limited, company number 06430772.
“Specification” PLT’s specification for the Goods in effect on delivery to the Consumer.
“Use” the opening or unwrapping by or on behalf of the Consumer of any packaging containing the Goods or any other event which occurs while the Goods are in the possession of the Consumer which results in the Goods being reasonably regarded as no longer being sterile.
“WEEE” waste electrical and electronic equipment as defined under European Directive 20002/96/EC and as incorporated into UK legislation.
1. THESE CONDITIONS
1.1 These Conditions set out the terms and conditions upon which we sell and then supply our Goods to you. If you are a consumer (which means that you are purchasing the Goods in your capacity as an individual outside of your trade, business, craft or profession, and the use of the Goods by you will be for your domestic, private, and non-commercial use only), then certain consumer protection provisions will apply. If you are buying in your professional capacity (e.g. as a physiotherapist), the consumer protection provisions do not apply. In any event, you are responsible for delivery costs.
1.2 PLEASE NOTE CLAUSE 12 WHICH LIMITS OUR LIABILITY TO YOU AND CLAUSE 8.4 WHICH REMOVES YOUR RIGHT IN CERTAIN CIRCUMSTANCES TO CANCEL FOR CONVENIENCE.
1.3 Please read these Conditions carefully before you submit your Order. These Conditions tell you who we are, how we will provide the Goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Conditions, please contact us using one of the contact methods set out in clause 2.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Physiolab Technologies Limited a company registered in England and Wales. Our company registration number is 06430772 and our registered office is Unit 2, Centurion Court Brick Close, Kiln Farm, Milton Keynes, United Kingdom, MK11 3JB. Our registered VAT number is 993033314.
2.2 How to contact PLT. You can contact us by telephoning our customer service team at +44 (0) 1908 263331 or by emailing us at email@example.com or writing to our registered office address (see clause 2.1).
2.3 How PLT may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
3. THE CONTRACT
3.1 How we will accept your Order. Our acceptance of your Order will take place once payment for the Goods and delivery is received and when we email you to accept it, at which point the Contract will come into existence between you and PLT.
3.2 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the List Price or description of the Goods.
3.3 Your order number. 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our Goods in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. THE GOODS
The images of the Goods on our website are for illustrative purposes only and Goods may vary slightly from their pictures.
5. RIGHTS TO MAKE CHANGES
5.1 If it is possible we will let you know about any changes to the List Price of the Goods or the timing of supply and ask you to confirm whether you wish to go ahead with the change. If the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 8).
5.2 Minor changes to the Goods. We may change the Goods to reflect changes in relevant laws and regulatory requirements. These changes will not affect your use of the Goods.
6. PRICE AND PAYMENT
6.1 Where to find the price for the Goods. The List Price of the Goods will be the price indicated on the order pages when you placed your Order or on the website. The List Price of the Goods includes VAT (if applicable) but excludes delivery costs. We use our best efforts to ensure that the List Price of the Goods advised to you is correct. However, please see clause 6.3 for what happens if we discover an error in the List Price of the Goods you order.
6.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
6.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Goods’ correct List Price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Goods’ correct List Price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. 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.
6.4 When you must pay and how you must pay. You must pay for the Goods and delivery at the time of the Order. We accept payment with the credit and debit cards listed on our website.
7.1 The costs of delivery of Goods will be as displayed on our website.
7.2 When we will deliver the Goods. We will deliver the Goods to you as soon as reasonably possible and in any event within thirty days after the day on which we accept your Order and received payment.
7.3 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for such delays. If there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
7.4 If you are not at home when the Goods are delivered. If no one is available at your address to take delivery as the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
7.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may take payment in full or end the Contract and clause 10.2 will apply.
7.6 Your legal rights if we deliver Goods late. You have legal rights if we deliver any Goods late. If we miss the delivery deadline for any Goods then you may treat the Contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Goods; or
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
7.7 Ending the Contract for late delivery. If you do choose to treat the Contract for an Order as at an end for late delivery under clause 7.6, you can cancel your Order for any of the Goods or reject Goods that form part of the same Order that have been delivered. After that we will refund any sums you have paid to us for those cancelled Goods and their delivery. If the Goods have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services or email us (see details in clause 2.2), for a return label.
7.8 When you become responsible for the Goods. The Goods will be your responsibility from the time the Goods are delivered to the address you gave us in the Order.
7.9 When you own the Goods. You own the Goods once we have received payment in full for them and they have been delivered to you.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Goods to you, for example, your delivery address for the Goods. If you give us incomplete or incorrect information, we may either end the Contract (and clause 10.2 will apply) 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 the late supply of Goods 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.
7.11 Reasons we may suspend the supply of Goods to you. We may have to suspend the supply of the Goods to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Goods to reflect changes in relevant laws and regulatory requirements.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You may have a legal right to end the Contract:
(a) if what you have bought is faulty or misdescribed (or to get the Goods repaired or replaced or to receive a refund);
(b) because of something we have done or have told you we are going to do, see clause 8.2;
(c) if you are a consumer and you have changed your mind about the Goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this is subject to whether the Goods have been Used; or
(d) in other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at 8.2(a) to 8.2(d) below, the Contract will end immediately and we will refund you in full for any Goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the List Price or description of the Goods you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the Goods may be significantly delayed because of events outside our control;
(c) we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than thirty days; or
(d) you have a legal right to end the Contract because of something we have done wrong including because we have delivered late (see clause 7.6).
8.3 The right to change your mind under the Consumer Contracts Regulations 2013 – ‘cooling-off period’. For most products bought online you have a legal right (if you are a consumer) to change your mind within 14 days and receive a refund. However, you do not have a right to change your mind once you have Used the Goods.
8.4 How long do I have to change my mind? If you are a consumer, you have 14 days after the day you (or someone you nominate) receives the Goods. This clause is subject to the exception of Used Goods contained in clause 8.3.
9. HOW TO END THE CONTRACT
9.1 To end the Contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services or email us (contact details are contained in clause 2.2). Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 If you have not Used the Goods and you wish to end the Contract after the Goods have been despatched to you or you have received them, you must return them to us by posting them back to us at the address contained in clause 2.1. Please call customer services or email us (contact details provided at clause 2.2) for a return label. You must send off the Goods within 14 days of telling us you wish to end the Contract.
9.3 We will pay the costs of return:
(a) if the Goods are faulty or misdescribed; or
(b) if you are ending the Contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.4 We will refund you the price you paid for the Goods including delivery costs (where appropriate), by the method you used for payment.
9.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Goods back from you.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the Contract for the Goods at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, the correct delivery address; or
(b) you do not, within a reasonable time, allow us to deliver the Goods to you.
10.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Goods we have not provided.
11. IF THERE IS A PROBLEM WITH THE GOODS
11.1 How to tell us about problems. Please promptly report to PLT any and all complaints or adverse events related to the Goods. PLT shall be responsible for any and all regulatory filings in respect of the Goods. PLT shall keep you informed of any regulatory actions that affect the Goods to the extent that PLT is legally obliged or permitted to do so. You can telephone our customer service team or write to us at our registered office or by email (see clause 2.2 for details).
11.2 Summary of your legal rights where there is a fault with our Goods. Where our Goods:
(a) are faulty you can return them to us within thirty days of you receiving them, and be entitled to a full refund;
(b) develop a fault (being a material failure to comply with the Specification) within twelve months of you receiving them, and they cannot be repaired or replaced, then you will entitled to a full refund; or
(c) develop a fault after twelve months of you receiving them, please contact us (see clause 2.2 for details).
11.3 Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must post them back to us. We will pay the costs of the return postage. Please call customer services on or email us at (see clause 2.1 for details) for a return reference.
11.4 Faults not covered by the above rights to refund/repair/replacement. Damage caused by any repair to the Goods other than by us, or damage to the Goods due to misuse by you or a third party, are not covered by this clause. In addition, unauthorised service or modification of the Goods will void your right to a refund/repair/replacement.
12. OUR RESPONSIBILITY FOR LOSS SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 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. To the extent permitted by law, and except as otherwise provided in these Conditions, we exclude all conditions, warranties, representations or other terms which may apply to your use of the Goods, whether express or implied
12.3 We are not liable for business losses. Where we sell to you as a consumer, we only supply the Goods for domestic and private use and we are not liable for any business losses. Where we sell to you in your professional capacity, to the maximum extent permissible at law, we exclude liability for indirect and consequential losses including loss of sales.
13.1 You agree that the Goods are approved for certain indications in accordance with the IFU and the eligibility questionnaire that you completed on our website. You undertake only to use the Goods for the IFU-approved indications. PLT will not be responsible for damages or losses of any kind arising out of uses that are other than in accordance with, or contrary to, those indications. To the maximum extent permissible at law, you agree to indemnify PLT in respect of any losses arising from such use. Our Goods are not permitted for use by persons under the age of 18 years.
13.2 You undertake to use the Goods in accordance with applicable law.
14. HOW WE MAY USE YOUR INFORMATION
14.1 We will use the personal information you provide to us:
(a) to supply the Goods to you;
(b) to maintain a record of the persons to whom we supplied Goods for regulatory purposes;
(c) to process your payment for the Goods; and
(d) if you agreed to this during the Order process, to give you information about similar Goods that we provide, but you may stop receiving this at any time by contacting us.
15.1 The Consumer shall make available for collection by PLT the Goods when they become WEEE.
15.2 The Consumer shall provide all reasonable co-operation and assistance to allow PLT to fulfil its obligations as a producer and/or distributor of the Goods which will become WEEE.
15.3 The means and methods of collection of WEEE shall be at PLT’s discretion and may be sub-contracted to a third party.
15.4 Nothing in these Conditions shall otherwise interfere with the Consumer’s obligations under this clause 15 and PLT shall not have any obligation to the Consumer under this clause 15 to collect WEEE.
16.1 We may transfer our rights and obligations under these Conditions to another organisation, and we will ensure that the transfer will not affect your rights under the Contract.
16.2 You may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing.
16.3 This Contract is between you and PLT. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
16.4 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 These Conditions are governed by and interpreted in accordance with the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction in respect of any dispute which may arise.