1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods and services to you.
1.2 Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide goods and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Oxford Custom Orthotics Ltd, a company registered in England and Wales. Our company registration number is 08347390 and our registered office is at Kemp House, 152 City Road, London, EC1V 2NX. We are regulated by the Health and Care Professions Council.
2.2 How to contact us. You can contact us by telephoning our patient services team 01865 759001 or by writing to us at firstname.lastname@example.org or St Luke’s Hospital, Latimer Road, Headington, Oxford, OX3 7PF.
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 tell you that we are able to provide you with the goods and/or services, which we will also confirm in writing to you, 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 goods and/or services.
4. Our rights to make changes
We may change the goods and/or services:
4.1 to reflect changes in relevant laws and regulatory requirements; and
4.2 to implement minor technical adjustments and improvements.
5. Providing the products
5.1 Delivery costs. The costs of delivery of goods will be as notified to you during the order process.
5.2 When we will provide the goods and/or services.
If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within the period agreed with you or, failing any agreement, within 30 days after the day on which we accept your order.
If the products are services. We will provide the services on the date or dates agreed with you during the order process.
5.3 We are not responsible for delays outside our control. If our supply of the goods and/or services 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods and/or services you have paid for but not received.
5.4 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 10:00 to16:00 on weekdays (excluding public holidays) and Saturday by arrangement.
5.5 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.6 When you become responsible for the goods. The product will be your responsibility from the time we deliver the goods to the address you gave us or you collect it from us.
5.7 When you own goods. You own goods once we have received payment in full.
5.8 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
deal with technical problems or make minor technical changes; or
update the goods to reflect changes in relevant laws and regulatory requirements.
5.9 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. If we have to suspend the supply of the goods for longer than 30 days we will adjust the price so that you do not pay for goods while they are suspended. You may contact us to end the contract for goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.
5.10 We may suspend supply of the goods and/or services if you do not pay. If you do not pay us for the goods and/or services when you are supposed to (see paragraph 10.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the goods and/or services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods and/or services. We will not suspend the products where you dispute the unpaid invoice (see paragraph 10.5). We will not charge you for the goods and/or services during the period for which they are suspended. As well as suspending the supply of the goods and/or services we can also charge you interest on your overdue payments (see paragraph 10.4).
6. Your rights to end the contract
6.1 Ending the contract for the supply of goods and/or services before they have been completed. You may contact us to end your contract for services at any time before we have completed supplying them and you have paid for them, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where goods and/or services are faulty or mis-described (see paragraph 9, “If there is a problem with the goods and/or services”).
6.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods and/or services which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
a) we have told you about an upcoming change to the goods and/or services or these terms which you do not agree to;
b) we have told you about an error in the price or description of the goods and/or services you have ordered and you do not wish to proceed;
c) there is a risk that supply of the goods and/or services may be significantly delayed because of events outside our control;
d) we have suspended supply of the goods and/or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
e) you have a legal right to end the contract because of something we have done wrong.
6.3 Ending the contract when we are not at fault.
Please note that, where we are not at fault, you will not be eligible to end a contract for the purchase of goods under this paragraph 6.3 as all goods are made or altered to your specification.
If you wish to end a contract for the purchase of services, please contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. We shall be entitled, for example, to charge a cancellation fee at the rate set out in the price list in force at the date of your order if you cancel an appointment on less than 48 hours notice.
7. How to end the contract with us (including where we are not at fault)
7.1 Returning products after ending the contract where you have a good reason. If you end the contract under paragraphs 6.2 or 9 after goods have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. You must either return the goods in person or, post them back to us St Luke’s Hospital, Latimer Road, Headington, Oxford OX3 7PF. We will pay the costs of return – please contact us for a free returns label by telephoning our patient services team at 01865 759001 or writing to us at email@example.com or St Luke’s Hospital, Latimer Road, Headington, Oxford OX3 7PF.
7.2 How we will refund you. We will refund you the price you paid for the goods (including delivery costs) and/or services, by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 Deductions from refunds where we are not at fault. Where we are not at fault and the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If we are not at fault then your refund will be made within 14 days of the day on which you tell us you wish to end the contract
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
h) 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; or
i) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
8.2 We may withdraw the goods or services. We may write to you to let you know that we are going to stop providing the goods and/or services. We will let you know at least 1 month in advance of our stopping the supply of the goods and/or services and will refund any sums you have paid in advance for goods and/or services which will not be provided.
9. If there is a problem with the goods and/or services
9.1 How to tell us about problems. If you have any questions or complaints about the goods and/or services, please contact us. You can telephone our patient services team at 01865 759001 or write to us at firstname.lastname@example.org or St Luke’s Hospital, Latimer Road, Headington, Oxford OX3 7PF.
9.2 Summary of your legal rights. We are under a legal duty to supply goods and/or services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods and/or services. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
If your product is services, the Consumer Rights Act 2015 says:
9.3 Right to reject goods. Beginning on the day on which you receive the goods you have a 30 day right to reject the goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a repair or replacement during the 30 day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day on which you receive the replacement or repaired goods. If less than 7 days remain out of the original period, it will be extended to 7 days. If, after a repair or replacement, the goods still do not conform (or if we cannot repair or replace the goods, or have failed to act within a reasonable time or without significant inconvenience to you), you have the right either to keep the goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the goods, we may reduce any refund to reflect the use that you have had out of the goods.
9.4 When you have no right to reject goods. Please note that you will not be eligible to reject the goods under paragraph 9.3 if you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return goods to us under paragraph 9.3 where we are not at fault.
9.5 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to our premises at Oxford Ortho-Medic Consultancy, St Luke’s Hospital, Latimer Road, Headington, Oxford OX3 7PF or post them back to us. We will pay the costs of postage – please contact us for a free returns label by telephoning our patient services team at 01865 759001 or writing to us at email@example.com or St Luke’s Hospital, Latimer Road, Headington, Oxford OX3 7PF.
10. Price and payment
10.1 Where to find the price for the goods and/or services. The price of the goods and/or services will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the price of goods and/or services advised to you is correct. However please see paragraph 10.2 for what happens if we discover an error in the price of the goods and/or services you order. If you are an insured patient, you will responsible for any excess, shortfall, co-payment or any other payment not covered by your insurance policy.
10.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods and/or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price or the goods and/or services at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price or the goods and/or services at your order date is higher than the price stated, 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 and refund you any sums you have paid.
10.3 When you must pay and how you must pay. We accept payment with Visa and Mastercard credit cards and High Street bank debit cards. When you must pay depends on what product you are buying:
j) For goods, you must pay for the goods at the time of ordering.
k) For services, you must pay for the services on the day of consultation.
10.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4 % a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. Our responsibility for loss or damage suffered by you
11.1 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 this contract or our failing to use reasonable care and skill. 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.
11.2 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 paragraph 9.2; and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
12.1 How we will use your personal information. We will use the personal information you provide to us:
l) to supply the goods and/or to you; and
m) to process your payment for the goods and/or services.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 1 month of us telling you about it and we will refund you any payments you have made in advance for goods and/or services not provided.
13.2 You need our consent to transfer your rights to someone. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this 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.
13.5 Even if we delay in enforcing this 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 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. 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.