Prospective Patient, Patient and Physiotherapist Terms & Conditions

2.1 Who we are

We are Physiobrite Limited a company registered in England and Wales. Our company registration number is 11913850 and our registered office is at 97 London Road, Leicester, LE2 0PF, UK.

2.2 How to contact us

You can contact us by emailing our customer service team at admin@physiobrite.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.

2.4 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

If you are a prospective patient, the contract between us comes into force either when:

3.2 WE ONLY INTRODUCE CUSTOMERS TO PHYSIOTHERAPISTS WHERE BOTH ARE WITHIN THE UK

Unfortunately, we do not accept enquiries from addresses outside the UK.

3.3 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL.

If supply of the physiotherapy services is delayed for any reason other than our own failure to carry out our introduction obligations, then we will not be liable for delays.

3.4 WHAT WILL HAPPEN IF YOU DO NOT GIVE REQUIRED INFORMATION TO US

We may need certain information from you so that physiotherapists can supply the services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or try to contact you for complete or correct information.

3.5 REASONS WE MAY SUSPEND THE SUPPLY OF OUR SERVICES TO YOU

We reserve the right to suspend our services at any time.

3.6 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 and services bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

3.7 WHEN CONSUMERS DO NOT HAVE A RIGHT TO CHANGE THEIR MINDS

Your right as a consumer to change your mind does not apply in respect of:

1. services, once these have been completed, even if the cancellation period is still running;
2. where any products sealed for health protection or hygiene purposes have been unsealed for use in providing services;

3.8 HOW LONG DO CONSUMERS HAVE TO CHANGE THEIR MINDS?

If you are a consumer you have 14 days after the day, we email you to confirm the contract. However, once the services have been provided in whole or in part you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay for the services provided up until the time you tell us that you have changed your mind.

4.1 Tell us you want to end the contract

To end the contract with us, please let us know by doing one of the following:

Email us at admin@physiobrite.com. Please provide your name, home address, details of the order and, where available, your phone number and email address and attach the completed form: Online Form on our website.

5.1 IF YOU ARE A CONSUMER THE SERVICE PROVIDER IS UNDER A LEGAL DUTY TO SUPPLY SERVICES WHICH ARE IN CONFORMITY WITH THE CONTRACT. SEE THE BOX BELOW FOR A SUMMARY OF YOUR KEY LEGAL RIGHTS NOTHING IN THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS

6.1 Where to find the price for the service.

The price of the service will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the service advised to you is correct.

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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product 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 services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct 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.

We accept payment by PayPal only. When you must pay depends on what product you are buying:

1. For Goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
2. For Digital Content, you must pay for the products before you download them.
3. For Services, you must make a payment at the time of delivery of the Services of the services, before we start providing them, or in the case of advertising services at the time of order.

6.5 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).

6.6 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 6% 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.

6.7 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.

7.1 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, 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.

7.2 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.

7.3 WHEN WE ARE LIABLE FOR DAMAGE CAUSED BY DEFECTIVE DIGITAL CONTENT

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. We take no responsibility for the accuracy of information provided to us by consumers.

7.4 WE ARE NOT LIABLE FOR BUSINESS LOSSES

If you are a consumer, we only supply the products for to you for personal purposes and will not be held liable for any business loss.

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

1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
2. fraud or fraudulent misrepresentation;
3. 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;
4. defective products under the Consumer Protection Act 1987;
5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

8.2 EXCEPT TO THE EXTENT EXPRESSLY STATED IN CLAUSE 8.1 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

1. 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
2. (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 the total amount of the invoice paid by you to us in respect of, or in connection with, which the claim arises.

9.1 How we will use your personal information

We will only use your personal information as set out in our PRIVACY POLICY.

10.1 We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation, e.g. to a buyer of our business.

10.2 You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

10.3 Nobody else has any rights under this contract unless it is transferred by us.

This contract is between you and us. No other person shall have any rights to enforce any of its terms unless we choose to transfer them. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

10.4 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.

10.5 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.

10.6 Which laws apply to this 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.

10.7 Which laws apply to this 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.