REFLEX PAIN
MANAGEMENT – TERMS AND CONDITIONS v1.3
April 2012
Revised July 2019
We are:
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Reflex Pain Management Ltd (Registered Company Number 5781317)
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Our address is:
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Unit 3 Waterloo Works, Gorsey Mount Street, Stockport, Cheshire, SK1
3BU, England.
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We can be contacted at:
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By email: mail@reflexpainmanagement.com; or
By phone: 0161 408 4455
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You are:
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A user of our Website.
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By using our Website or placing an order, you accept all
our terms and conditions. Please read the terms and conditions (“Terms and
Conditions”) set out below carefully before ordering any Goods or Services from
our Website or placing an order. By ordering any Goods or Services from our
Website or placing an order you agree to be bound by these Terms and
Conditions.
Please:
· read through these Terms and Conditions carefully before
using our Website or placing an order.
· print a copy for future reference.
· Also read our Privacy
Policy section
regarding your personal information.
Definitions
“Agreement” is a reference to these Terms and Conditions,
any order form and payment instructions provided to you;
“Consumer” means an individual who purchases Goods from us
which are not intended for use in a business or trade;
“Goods” is a
reference to any goods which we may offer for sale from our Website from time
to time;
“Service” or
“Services” is a reference to any service which we may supply and which you may
request via our Website;
“You”, “your” and “yours” are references to you the person
accessing our Website and ordering any Goods or Services;
“We”, “us” and “our” are references to Reflex Pain
Management Ltd; and
“Website” is a reference to our Website www.reflexpainmanagement.com on which we offer our Goods or Services.
1. General
1.1 We reserve the right to change these terms and
conditions at any time. Any such changes will take effect when posted on the Website
(see date at the top) and it is your responsibility to read the Terms and Conditions
on each occasion you place an order or use our Website
and your continued use of the Website shall signify your acceptance to be bound
by the latest terms and conditions.
1.2 If you are not a Consumer, you confirm that you have
authority to bind any business on whose behalf you place an order or use our Website.
1.3 Certain Website services will require registration and
subsequent access to those services will be subject to an approved login name
and password ("Password Details"). Information that you provide on our
Website must be accurate and complete. All Passwords Details are accepted and
may be withdrawn at our sole discretion and are exclusive to you and
non-transferable and must be treated as strictly confidential at all times. In
the event that you have any concerns regarding your Password Details or become
aware of any misuse then you must inform us immediately.
1.4 The information found at our Website is not a
substitute for professional medical advice, diagnosis, or treatment. Never
delay or disregard seeking professional medical advice from your physician or
other qualified health provider because of something you read here or
elsewhere. You should never change treatment, or stop or start new medical
treatment without consulting with your physician. The information offered here
is intended for general use and information only and is not intended as advice
for any particular patient and as such, no doctor-patient relationship is
created or implied. We do not endorse any specific products, service or
treatment. Likewise, we do not review advertisements placed on this site, and we
do not specifically endorse any product. Clinical descriptions discussed here
are based on composites from many occurrences, patients, and conversations.
Confidentiality in everything we write is always maintained. To maintain your
own privacy, please include only your first name or an alias when entering
comments which are intended to be posted on our Website. You understand and
acknowledge that the internet is not 100% secure and a breach is theoretically
possible when you post something to our Website or blog.
If you think you have a medical emergency, call your doctor
or the emergency services immediately.
2.
Order process
2.1 All orders that you place on our Website or by post,
fax or email will be subject to acceptance in accordance with these Terms and Conditions.
2.2 The website 'confirmation' stage sets out the final
details of your order. Following this, we will send to you an order
acknowledgement email detailing the products you have ordered. Please note that
this email is not an order confirmation or order acceptance. If you have
ordered via post, fax or email we will send you an invoice for the full amount.
2.3 Acceptance of your order and the completion of the
contract between you and us will take place on despatch to you of the products
ordered unless we have notified you that we do not accept your order or you
have cancelled it (please refer to Returns, Cancellations and Substitutions).
2.4 You should print out these Terms and Conditions and the
order acknowledgement for your records. If you wish to obtain specific details
of your previous orders please Contact
Us.
2.5 Any contract for the supply of Goods or Services is
between you and Reflex Pain Management Ltd. You agree to take particular care
when providing us with your details and warrant that these details are accurate
and complete at the time of ordering. You also warrant that the credit or debit
card details that you provide is your own credit or debit card and that you
have sufficient funds to make the payment.
2.6 Please note that some of our Goods may be suitable for
certain age ranges only. You should
check that the product you are ordering is suitable for the intended recipient.
2.7 When ordering from our Website you may be required to
provide a username and password. You must ensure that you keep these details
secure and do not provide this information to a third party.
2.8 We will take all reasonable care, in so far as it is in
our power to do so, to keep the details of your order and payment secure, but
in the absence of negligence on our part we cannot be held liable for any loss
you may suffer if a third party procures unauthorised access to any data you
provide when accessing or ordering from the Website.
2.9 Due to the nature of the Goods sold by us we do not
sell by sample. Individual Goods may vary and any descriptions, samples,
drawings, specifications, colours and advertisements are illustrative only, are
intended as a guide to the final product and do not form part of this
Agreement. We are not the manufacturer of the Goods and cannot be held liable
if the finished Goods do not conform to the original description or
specification.
3. Prices
and Payment
3.1 All prices listed on the Website are shown in GBP £’s
and are correct at the time of publication however we reserve the right to
alter these in the future. Prices are inclusive of the relevant sales tax but
exclusive of delivery charges which will be added to your order. If we discover an error in the price of Goods
you have ordered we will inform you as soon as possible and give you the option
of reconfirming your order at the correct price or cancelling it. If we are
unable to contact you, we will treat the order as cancelled. If you cancel and
you have already paid for the Goods, you will receive a full refund.
3.2 The total price for Goods or Services ordered,
including delivery charges, will be displayed on the when you place your order.
Full payment must be made before Goods are despatched or Services provided
unless a business account has been opened with us on terms that have been
approved by us and which may be subject to a minimum order value as specified
by us.
3.3 Payment may be made by any one of the following
methods:
(i) Cheque – please ensure all cheques are made payable to
Reflex Pain Management Ltd in pounds sterling. Cheque in a currency other than
GBP £’s an additional £10.00 GBP should be added to the cheque. This charge is
to cover the currency exchange charges which we incur in processing the cheque;
(ii) Credit or Debit Card, PayPal or Google Checkout. Your
credit or debit card will be charged using the currency of the bank issuing the
card. The actual price to you will be dependent upon the currency exchange
rates at the time of processing the payment. To ensure that shopping online is
secure, your debit/credit card details will be encrypted to prevent the
possibility of someone being able to read them as they are sent over the
internet. Your credit card company may
also do security checks to confirm it is you making the order; or
(iii) Bank Transfer to the following bank account:
Bank details
available on request.
The online currency converter http://markets.ft.com/markets/currencies.asp?ftcamp=currency/homepage may be useful.
3.4 Title to any Goods you order shall pass to you on
receipt of payment in full and delivery of the Goods.
4.
Delivery
4.1 Delivery periods quoted at the time of ordering are
approximate only and may vary. Goods will be delivered to the address nominated
by you at the time of ordering.
4.2 Time is not of the essence for the delivery of any
Goods or Services supplied under this Agreement.
4.3. All orders are delivered by a reputable courier. We will make every effort to deliver within
the time stated however we will not be liable for any loss caused to you by
late ordering. If the Goods are not
delivered within the estimated delivery time which we quote, please contact us
by telephone or email and we will try to ensure that you receive your order as
quickly as possible.
4.4. No refunds of the delivery charge are made for late
deliveries.
4.5. Incomplete orders must be notified to us as soon as
possible following delivery and within 3 days of delivery. We will either
arrange for the missing items to be delivered to you at no extra cost or refund
you the original cost of the missing items.
4.6. All risk in the Goods shall pass to you upon delivery.
4.7. If you fail to accept delivery of the Goods at the
time they are ready for delivery, or we are unable to deliver the Goods at the
nominated time due to your failure to provide appropriate instructions,
documentation, licences, consents or authorisations, then the Goods shall be
deemed to have been delivered to you and all risk and responsibility in
relation to such Goods shall pass to you. Any storage, insurance and other
costs which we incur as a result of the inability to deliver the Goods shall be
your responsibility and you shall indemnify us in full for such cost.
4.8. You must ensure that at the time of delivery of the
Goods adequate arrangements, including labour and access where necessary, are
in place for the safe delivery of the Goods. We cannot be held liable for any
damage, cost or expense incurred to the Goods or premises where this arises as
a result of a failure to provide adequate access or arrangements for delivery.
4.9. Where delivery is outside the UK, you may be liable to
pay additional tax or duty once the Goods reach your country. This may vary
from country to country. Please contact your local customs office for more
information. Please note that Goods may be subject to inspection by your local
customs office where delivery is outside the UK.
5. Returns,
Cancellations and Substitutions
Cancellations
if you are a Consumer:
5.1 You must notify us immediately if you decide to cancel
your order preferably by email at mail@reflexpainmanagement.com and quote your order number. A returns number
will be provided for you to use when returning the Goods. The time limit for notification
of cancellation is 14 days following receipt by you of the Goods. We cannot
guarantee that we will be able to stop your order once we receive notice of
cancellation as the Goods may already have been despatched. In these cases, the
Goods will need to be returned to us unused and in good condition.
5.2 Once we have heard from you that you wish to cancel
your order within the stipulated time period we will refund or re-credit your
debit or credit card with the full amount within 30 days which includes the
initial delivery charge (where applicable) which you paid for the delivery of
the Goods.
5.3 You must ensure that when returning the Goods, they are
packed adequately and returned with a reputable courier. The cost of the return
must be paid for by you.
5.4 Goods which are custom built to your specification or
which cannot be re-used for hygiene reasons may not be cancelled by you.
5.5 A full statement of your legal rights under The
Consumer Contracts Regulations may be obtained in the UK from your local
Citizen’s Advice Bureau or Trading Standards Office.
Cancellations
by all other customers:
5.6 You have no right to cancel any order placed with us.
We may at our absolute discretion accept cancellations on orders. You must
notify us immediately of your request to cancel your order and this must be
done within 14 days of placing your order. We will notify you if we agree to
the cancellation of your order. We reserve the right to charge for any costs
that we may incur in accepting any cancelled order.
5.6 We reserve the right to cancel your order at any time
if you become bankrupt, enter into any arrangement with your creditors, or
being a company, goes into liquidation or is wound-up, or being a partnership,
is dissolved or if, in our reasonable opinion, one of the aforementioned events
is likely to occur.
Returns
of faulty or damaged Goods
5.7 You are entitled to return Goods ordered from us within
30 days of receipt of the Goods if the Goods are faulty or damaged. You will be
entitled to have the Goods repaired or replaced provided we agree that the
Goods are faulty or were delivered to you in a damaged condition and have not
been used. Replacement Goods will be charged at the full price.
5.8 In order to return Goods which are faulty or damaged,
you must contact us to obtain a Return Number and this must be clearly shown by
you on all returned items.
5.9 The cost of returning the Goods to us must be paid by
you unless we agree that the Goods are faulty or damaged upon receipt by you.
Any refunds or re-credits will be undertaken within 30 days. All Goods returned
to us must be sent via a reputable courier adequately packaged and returned to
our address stated above.
5.10 Goods which develop a fault or become faulty within
the manufacturer’s warranty or guarantee period may be repaired or replaced at
our discretion provided that the Goods are used in accordance with the
manufacturer’s recommendations and guidance.
5.11 If we decide to accept the return of Goods which are
neither faulty nor damaged then we will apply a re-stocking charge of [20%] of
the value of the Goods to be returned.
5.12 All returns and replacements for Goods which are found
to be faulty or damaged more than 30 days after receipt must be handled
directly with the manufacturer. Manufacturer's warranties vary by product
category.
5.13 Some Goods are intended for single use or for use for
short periods and will only be replaced or refunded provided they have been
subject to acceptable wear and tear and have been used for intended purpose
only and in accordance with the manufacturer’s instructions.
6.
Money Back Guarantee for Consumers Only.
We're committed to selling high-quality products we hope
you'll enjoy using but we also know that, for one reason or another, there may
be a time when you need to exchange or return something you've bought.
Please make sure that you check your items carefully before
they are used or installed. We also recommend that you keep your receipt or
order number, which can be found on your order confirmation or on the delivery
packaging, as you might need it as proof of purchase in the event of any
after-sales queries.
If you
change your mind within 14 days
Most Goods we sell are covered by our 14-days* money-back
guarantee. Just return the Goods unused, in their original undamaged packaging,
in a saleable condition including packaging, documentation, warranty cards,
manuals and accessories, along with the receipt and we will give you a refund
or send you vouchers. All postage costs for non-faulty items must be paid by
you.
Some products are
excluded from the Money Back Guarantee and these are clearly marked next to the
product name. Once product installation services are already commenced these are
excluded from the 14-day* money-back guarantee.
If you don't have a receipt, as long as you have a proof of
purchase, we'll exchange the item or give you a refund with vouchers. We're
sorry but some items can't be exchanged or refunded for hygiene reasons, unless
they're faulty.
7.
Damage in Transit
7.1 You must notify us immediately if Goods are found to be
damaged upon delivery. You must keep the Goods within the original packing and
make these available for inspection. Do not accept delivery of any damaged Goods
as we cannot accept responsibility for damaged Goods if they have been accepted
and sign for as received in good order and condition. The words unexamined or unchecked
will not be accepted as a conditional signature.
7.2 In the case of Goods damaged in transit our total
liability to you is limited to providing replacement Goods within a reasonable
period. You must follow the procedure set out in Clause 5 for all damaged
Goods.
8.
Intellectual Property
8.1 You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights in all materials and/or
content made available as part of your use of our Website shall remain at all
times vested in us or our licensors. You are permitted to use this material
only as expressly authorised by us or our licensors.
8.2 You acknowledge and agree that the material and content
contained within our Website is made available for your personal non-commercial
use only and that you may only download such material and content for the
purpose of using our Website. You further acknowledge that any other use of the
material and content of our Website is strictly prohibited and you agree not to
(and agree not to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit or create
derivative works of such material and content.
“Days”
includes Saturday and Sundays and any public holidays.
9.
Liability and Indemnity
9.1 Nothing in these terms and conditions excludes or
limits our liability for death or personal injury caused by our negligence,
fraudulent misrepresentation, or any other liability which may not otherwise be
limited or excluded under applicable law.
9.2 Subject to clause 9.1 above, Reflex Pain Management Ltd
will use reasonable endeavours to verify the accuracy of any information on our
website but makes no representation or warranty of any kind express or implied
statutory or otherwise regarding the contents or availability of the website or
that it will be timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of viruses or bugs or
represents the full functionality, accuracy, reliability of the Website. Reflex
Pain Management Ltd will not be responsible or liable to you for any loss of
content or material uploaded or transmitted through the Website and Reflex Pain
Management Ltd accepts no liability of any kind for any loss or damage from
action taken or taken in reliance on material or information contained on the
site.
9.3 Subject to clause 9.1 above and except for the
exclusive remedies set out at clause 5 (Returns, Cancellations and Substitutions)
above, any indemnities, warranties, terms and conditions (whether express or
implied) are hereby excluded to the fullest extent permitted under applicable
law. We disclaim any and all liability to you for the supply of the Goods and
Services to the fullest extent permissible under applicable law. This does not
affect your statutory rights as a Consumer. If we are found liable for any loss
or damage to you such liability is limited to the amount you have paid for the
relevant Goods or Services. We cannot accept any liability for any loss, damage
or expense, including any direct or indirect loss such as loss of profits, to
you howsoever arising.
9.4 Subject to Section 7.1 above, Reflex Pain Management
Ltd will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent or
negligent misrepresentations) or otherwise out of or in connection with the
terms and conditions for any: economic losses (including without limitation
loss of revenues, data, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or special or indirect losses suffered or
incurred by that party arising out of or in connection with the provisions of
any matter under these Terms and Conditions.
9.5 We will take all reasonable precautions to keep the
details of your order and payment secure, but, unless we are negligent, we
cannot be held liable for any losses caused as a result of unauthorised access
to information provided by you.
9.6 We do not accept any liability for any delays,
failures, errors or omissions or loss of transmitted information, viruses or
other contamination or destructive properties transmitted to you or your
computer system via our Website.
9.7 We shall not be held liable for any failure or delay in
performing Services or delivering Goods where such failure arises as a result
of any act or omission which is outside our reasonable control such as an act
of God or those of third parties.
9.8 We have selected our Goods on the basis that they will
be used for domestic use only, if you are planning to use them for business
purposes please ensure that you are covered by the appropriate insurance. Where
you decide to use the Goods in the course of a business, we exclude (to the
fullest extent permitted by law) those warranties and conditions relating to
fitness for a particular purpose. Our maximum liability to business users
arising out of or in connection with the Goods shall be limited to the
replacement value of the Goods in question (except in the case of death or
personal injury caused by our negligence or in respect of fraud). In relation
to business, we do not accept liability for the fitness of goods for business
purposes, nor do we accept liability for loss of use of the item nor any loss
over and above the cost of the item in the event of a claim for breach of
warranty or condition.
9.9 The information
found on our website is not a substitute for professional medical advice,
diagnosis, or treatment. Never delay or disregard seeking professional medical
advice from your physician or other qualified health provider because of
something you read here or elsewhere. As well, never change treatment, or stop
or start something new without consulting with your physician.
The information offered here is
intended for personal information only and not intended as advice for any
particular patient; as such, no doctor-patient relationship is created or
implied. We do not endorse any specific products, service or treatment.
Likewise, we do not review ads placed on this site, and as such, we do not
specifically endorse any product.
Clinical descriptions discussed
here are based on composites from many occurrences, patients, and conversations
that have been a part of my medical training, residency, and practice as a
physician. Confidentiality in everything we write is always maintained. To
maintain your own privacy, please include only your first name or an alias when
entering comments. As well, although to my knowledge I have never had a breach
of privacy because of the internet, you agree that the internet is not 100%
secure and a breach is theoretically possible when you post something to our
website or blogs.
If you think you have a medical
emergency, call your doctor or the emergency services immediately.
Reflex Pain Management ltd are
not responsible for the content of external internet sites.
10.
Miscellaneous Provisions
10.1 The contract between us shall be governed by the laws
of England and any dispute between us will be resolved exclusively in the
courts of England. English is the only language offered for the conclusion of
the contract.
10.2 To provide increased value to our customers, we may
provide links to other Websites or resources for you to access at your sole
discretion. You acknowledge and agree that, as you have chosen to enter the
linked website we are not responsible for the availability of such external
sites or resources, and do not review or endorse and are not responsible or
liable, directly or indirectly, for (i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation) any
advertising, content, products, goods or other materials or services on or
available from such websites or resources or (iii) the use to which others make
of these websites or resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use of or reliance on any
such advertising, content, products, goods or other materials or services
available on such external websites or resources.
10.3 You may not assign or sub-contract any of your rights
or obligations under these Terms and Conditions, this Agreement or any related
order for products to any third party unless agreed upon in writing by Reflex
Pain Management Ltd.
10.4 Reflex Pain Management Ltd reserves the right to
transfer, assign, novate or sub-contract the benefit of the whole or part of
any of its rights or obligations under these Terms and Conditions, this
Agreement or any related contract to any third party.
10.5 If any part of these Terms and Conditions is held by
any competent authority to be invalid or unenforceable in whole or in part, the
validity or enforceability of the other sections of these Terms and Conditions shall
not be affected.
10.6 These Terms and Conditions do not create or confer any
rights or benefits enforceable by any person that is not a party (within the
meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) Reflex Pain Management Ltd (as defined below) shall have
the right to enforce any rights or benefits under these Terms and Conditions;
b) Reflex Pain Management Ltd shall have the right to
enforce and take the benefit of the rights or benefits of any limitation or
exclusion or limitation of liability in these Terms and Conditions;
c) A person who is a permitted successor or assignee under clause
10.4 above of the rights or benefits of these terms and conditions may enforce
such rights or benefits.
d) No consent from any third party is required for the
parties to vary or rescind these Terms and Conditions.
10.7 No delay or failure by Reflex Pain Management Ltd to
exercise any powers, rights or remedies under these terms and conditions will
operate as a waiver of them nor will any single or partial exercise of any such
powers, rights or remedies preclude any other or further exercise of them. Any
waiver to be effective must be in writing and signed by an authorised
representative of Reflex Pain Management Ltd.
10.8 These Terms and Conditions and this Agreement including
the documents or other sources referred to in these Terms and Conditions supersede
all prior representations understandings and agreements between you and Reflex
Pain Management Ltd relating to the use of our Website (including the order of
products) and sets forth the entire agreement and understanding between you and
Reflex Pain Management Ltd for your use of our Website. In the event of any
conflict between these Terms and Conditions and any other term or provision on
the Website, these Terms and Conditions shall prevail.
11.
Complaints
We hope that you will not have any complaints about our Goods
or Services however if you do have an issue please contact us at mail@reflexpainmanagement.com
and we will do our best to respond within 3 business days.