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Terms & Conditions

REFLEX PAIN MANAGEMENT – TERMS AND CONDITIONS

April 2012 Revised July 2016

We are :

Reflex Pain Management Ltd (Registered Company Number 5781317)

Our address is:

6C Waterloo Works, Gorsey Mount Street, Stockport, Cheshire, SK1 3BU, England.

We can be contacted at:

By email: mail@reflexpainmanagement.com; or

By phone:  0161 408 4455

You are:

A user of our Website.

 

By using this Website 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 this Website. By ordering any Goods or Services from this Website you agree to be bound by these Terms and Conditions.

Please:

· read through these Terms and Conditions carefully before using this Website

· 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 this Website and ordering any Goods or Services from the Website;

“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 use this 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 use this 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 this 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 this 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 this 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 this Website or by post, fax or email will be subject to acceptance in accordance with these Terms and Conditions.

2.2 The '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 from this Website 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 this 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 Website 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 shall 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. For orders less than £125.00 GBP an additional £10.00 GBP should be added to the cheque where the cheque is in a currency other than GBP £’s. 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 via our Website. 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 on this Website shall pass to you on delivery of the Goods provided that we have processed and received payment in full for 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 10 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[1]:

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 this 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 this 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 this Website. You further acknowledge that any other use of the material and content of this 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. 

[1] “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 the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site 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 users, 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 at this 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 this website or blog.

If you think you have a medical emergency, call your doctor or the emergency services immediately.

Mirror Box Therapy is 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 this 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 this 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.