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TERMS & CONDITIONS OF PURCHASE

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 customerservices@physiolab.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. DELIVERY

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. 

(b)  

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. 

12.4

13. COMPLIANCE

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.

14.2 We will only give your personal information to other third parties where the law either requires or allows us to do so. More details on our Privacy Policy can be found on our website at www.physiolab.com.

15. WEEE

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. MISCELLANEOUS

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.

TERMS FOR THE LOAN OF OUR PRODUCTS

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply the make and model of the products stated in the order (“Products”) to you on the basis that you are loaning the Products from us.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products 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 terms, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

You are an individual.

You are loaning the Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire contract between us in relation to the loan of the Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract.

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 at Unit 2 Centurion Court Brick Close, Kiln Farm, Milton Keynes, United Kingdom, MK11 3JB. Our registered VAT number is GB 993033314.

2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0)1908 263331 or emailing customerservices@physiolab.com.

2.3 How we 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.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

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 cost of the order. 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.

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 supply to the UK. Our website is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4. Loan

We are loaning and you are taking on the temporary responsibility for the period stated in the order (“Loan Period”).

5. Loan charges and payment

5.1 Where to find the loan charges for the Products. The loan charges for the Products (which includes VAT) will be the total charges indicated on the order pages when you place your order. We take all reasonable care to ensure that the loan charges for the Products advised to you are correct. However please see Condition 5.2 for what happens if we discover an error in the loan charges provided.

5.2 What happens if we got the loan charges wrong. It is always possible that, despite our best efforts, some of the Products we loan out may be incorrectly charged. We will normally check all charges before accepting your order so that, where the Products’ correct charges at your order date are less than our stated price at your order date, we will charge the lower amount. If the correct charges at your order date are higher than the charges stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a charging error is obvious and unmistakeable and could reasonably have been recognised by you as a mischarging, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

5.3 When you must pay and how you must pay. You must pay the loan charges for Products for the Loan Period in full before we dispatch the Products. You must provide us with valid credit card details for the duration of the Loan Period and you agree that we may take additional charges in accordance with these terms using the details provided (“Payment Details”).

5.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. Our Products

6.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, 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.

7. Your rights to make changes

7.1 If you wish to make a change to the Products 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 loan charges for the Products, 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.

8. Providing the Products

8.1 Delivery. The costs of delivery will be as displayed to you on our website.

8.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We shall not be obliged to deliver the Products until your right to cancel the contract has expired without being exercised (see Condition Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products hired online you have a legal right to change your mind within 14 days and receive a refund. ) and time is not of the essence of the contract.

8.3 We are not responsible for delays outside our control. 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.

8.4 If you are not at your address when the Products are delivered. All deliveries are carried out by our allocated courier. If no one is available at your address to take delivery, our courier will leave you a note informing you of how to re-arrange delivery.

8.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for the storage costs and any further delivery costs and apply such charges using your Payment Details. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Condition Our rights to end the contract will apply.

8.6 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to deal with technical problems or make minor technical changes.

8.7 Adjustment to the Loan Period. If delivery is delayed from the date specified on the order, the Loan Period and the specified collection date will be adjusted accordingly.

9. Your obligations

9.1 Use. You shall only use the Products in accordance with the instructions supplied by us. You shall not interfere with the Products or tamper with any part of the Products, nor allow anyone except our representative to do any of these things.

9.2 Loss or damage. You shall be responsible for loss of or damage (fair wear and tear excepted) to the Products whilst in your possession howsoever caused and you must notify us immediately of any such loss or damage. If you lose or damage the Products, we shall be entitled to charge you using your Payment Details applying the below tariffs:

S1 Portable

Loss / Damage

Charges payable

Loss of S1 Portable

The purchase price of the Product as displayed on our website.

Damage to the Product that renders the Product unusable and which cannot be repaired by purchasing a replacement part

The purchase price of the Product as displayed on our website.

Damaged pelicase

£250

Product returned with water/ice still present

£250

Lost or damaged power lead

The purchase price of the applicable power lead as displayed on our website.

Damaged or excessively soiled therapy pack

The purchase price of the applicable therapy pack as displayed on our website.

Lost or damaged tank

The purchase price of the tank as displayed on our website.

Damaged power input jack

£150

9.3 Prohibition against sale etc. You shall not sell, underlet or dispose of the Products, nor allow them to be seized in satisfaction of your debts or for any other legal process, and you indemnify us against all losses, costs, claims, damage and expenses howsoever occasioned by your breach.

9.4 Tracing. You shall provide:

(4.a) such information and assistance as we may require to comply with any legal or contractual obligations on us to track, trace and/or recall any Products; and

(4.b) any information concerning any possible defects in relation to safety, standard or condition of the Products.

10. Intellectual property

10.1 Intellectual property. You acknowledge that all patents, rights to inventions, copyrights, design rights, rights to confidentiality, and other intellectual property rights in the Products and in the names of the Products, in any part of the world, are and shall remain our property, and that no right, title, interest, or licence is given to you in or under such intellectual property rights.

11. End of the Loan Period

11.1 Extending the Loan Period. If you wish to extend the Loan Period, you must contact us and we must confirm the extension in writing at least 48 hours before the specified collection date. Payment for extensions to the Loan Period will be processed using your Payment Details.

11.2 Returning the Products. You must contact us to arrange collection by our courier at least 48 hours before the specified collection date. If you are exercising your right to end the contract in accordance with Condition 12 please ensure you enclose within your return your order reference number, name and reason for return.

11.3 Late collection. If you fail to contact us to arrange collection of the Products in accordance with Condition Returning the Products. You must contact us to arrange collection by our courier at least 48 hours before the specified collection date., the following charges will be applied using your Payment Details:

(3.a) the daily loan rate for the Products for each day that the Products have not been returned to us after the specified collection date (worked out pro rata from loan fee); and

(3.b) a late return charge of £50, if the Products are returned within 48 hours of the specified collection date; or

(3.c) a late return charge of £150, if the Products are returned after 48 hours of the specified collection date.

12. Your rights to end the contract

12.1 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 (a) to (d) below the contract will end immediately and we will refund in full the loan charges paid for any Products which have not been provided. The reasons are:

(1.a) we have told you about an error in the loan charges for the Products or the description of the Products and you do not wish to proceed;

(1.b) there is a risk that supply of the Products may be significantly delayed because of events outside our control;

(1.c) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or

(1.d) you have a legal right to end the contract because of something we have done wrong.

12.2 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products hired online you have a legal right to change your mind within 14 days and receive a refund.

13. How to end the contract with us (including if you are a consumer who has changed their mind)

13.1 Tell us you want to end the contract. To end the contract with us, please contact us. A member of our team will register your return and provide you with a return reference number and arrange a convenient time and date for collection of the Products.

13.2 When we will pay the costs of return. We will pay the costs of return:

(2.a) if the Products are faulty or misdescribed;

(2.b) if you are ending the contract because of an error in the loan charges or the 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.

(2.c) if your contract has come to its natural end and collection is required and inclusive of the Loan Charge paid.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

13.3 How we will refund you. If you are entitled to a refund under these terms we will refund you the sums you have paid, using your Payment Details. However, we may make deductions from refunds, as described below.

13.4 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund (excluding delivery costs):

(4.a) to reflect the period of loan that you could use the Products. You shall only entitled to a refund for the loan charges paid in respect of the period commencing on the date the Products are collected by our allocated courier and ending on the last day of the original Loan Period; and

(4.b) to reflect any reduction in the value of the Products applying (if relevant) the tariffs set out in Condition 9.2. If we refund you before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

13.5 When your refund will be made. We will make any refunds due to you within 14 days from the day on which we receive the Products back from you via our courier.

14. Our rights to end the contract

14.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(1.a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(1.b) you do not, within a reasonable time, allow us to deliver the Products to you; or

(1.c) you are in material breach of any of these terms.

15. If there is a problem with the Products

15.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us.

15.2 When to tell us about problems. You must give us notice in writing within 48 hours of receipt that a Product is defective. If you fail to do so and you exercise your legal rights to reject the Products, we may reduce your refund to reflect the period of the loan that you could use the Products and you shall only be entitled to a refund for the loan charges paid in respect of the period commencing on the date the Products are collected by our allocated courier and ending on the last day of the original Loan Period.

16. Your rights in respect of defective products if you are a consumer

16.1 If you are a consumer we are under a legal duty to supply products that are in conformity with the contract.

16.2 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject the Products you must contact us to arrange collection by our courier.

17. Your rights in respect of defective Products if you are a business

17.1 If you are a business customer we warrant that on delivery the Products shall:

(1.a) conform in all material respects with their description; and

(1.b) be free from material defects in design, material and workmanship.

17.2 Subject to Condition 17.3, if:

(2.a) you give us notice in writing within 48 hours of receipt that a Product does not comply with the warranty set out in Condition 17.1 ;

(2.b) we are given a reasonable opportunity of examining such Product; and

(2.c) you return such Product to us at our cost,

we shall, at our option, repair or replace the defective Product.

17.3 We will not be liable for a Product’s failure to comply with the warranty in Condition 17.1 if:

(3.a) you make any further use of such Product after giving a notice in accordance with Condition 17.2(a);

(3.b) the defect arises because you failed to follow our oral or written instructions as to the use or maintenance of the Product or (if there are none) good trade practice;

(3.c) you alter or repair the Product without our written consent; or

(3.d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

17.4 Except as provided in this Condition 17, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in Condition 17.1.

17.5 These terms shall apply to any repaired or replacement products supplied by us under Condition 17.2.

18. Medical conditions

18.1 Health information. As part of the order process you were required to enter true, complete accurate and not misleading details of your (or the proposed user of the Products’) current state of health, any medical conditions you (or they) have and any medication you (or they) are taking. We shall not be liable for any loss or damage you suffer if the information entered was not true, complete and accurate and/or was misleading at the date it was entered.

18.2 When you should not use the Products. It may not be safe to the use the Products if you have certain medical conditions. Notwithstanding that we have supplied the Products to you because the medical information you entered indicate that it is safe for you to use the Products, you agree not to use the Products if you have, develop or show signs of the medical conditions or symptoms listed on our website. The current list is available at https://physiolab.com/poll.

We shall not be liable for any loss or damage you suffer if you use the Products in breach of this Condition When you should not use the Products. It may not be safe to the use the Products if you have certain medical conditions. Notwithstanding that we have supplied the Products to you because the medical information you entered indicate that it is safe for you to use the Products, you agree not to use the Products if you have, develop or show signs of the medical conditions or symptoms.

19. Our responsibility for loss or damage suffered by you if you are a consumer

19.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract. 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 order process.

19.2 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; for breach of your legal rights in relation to the Products as summarised at Condition 16.1; and for defective Products under the Consumer Protection Act 1987.

19.3 We are not liable for business losses. If you are a consumer we only supply the Products for to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Condition 20.

 20. Our responsibility for loss or damage suffered by you if you are a business

20.1 Nothing in these terms shall limit or exclude our liability for:

(1.a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(1.b) fraud or fraudulent misrepresentation;

(1.c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(1.d) defective Products under the Consumer Protection Act 1987; or

(1.e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

20.2 Except to the extent expressly stated in Condition 17.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

20.3 Subject to Condition 20.1:

(3.a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(3.b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total charges paid by you to loan the Products under such contract.

21 .How we may use your personal information

22.1 Assignment. We shall be entitled at any time to assign the benefit of the contract provided that this does not detrimentally affect your rights under it. You may not transfer your obligations under the contract.

22.2 Nobody else has any rights under the contract (except someone you pass your guarantee on to). The contract is between you and us. No other person shall have any rights to enforce any of its terms.

22.3 If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.

22.4 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the 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.

22.5 Which laws apply to the contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.

22.6 Which laws apply to the contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.