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Terms and Conditions

ONLINE SHOP GENERAL INFORMATION

TERMS AND CONDITIONS FOR VISITORS

This website www.theprivateclinic.co.uk/shop (“the Site”) is owned and operated by THE PRIVATE CLINIC LIMITED (“us”, “our” or “we”). If you want to ask us anything about these Terms and Conditions or have any comments on or about our website, please e-mail us at enquiries@theprivateclinic.co.uk.

We are members of the Care Quality Commission.

This document is only available in English.

The following constitutes a legal agreement between a visitor (“you”) and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf. If you are under 18 but at least 16 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 16 may not register for this Site, and parents or legal guardians may not use it on their behalf. By checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Site.

Our Site is established to enable you to chose and purchase products from our Site that we offer for sale online.

We do offer medical advice in relation to your use of any of the Products. If you are concerned about such use you should discuss the matter with a Nurse or Doctor of The Private clinic before using any Product.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Site, or to our entire Site, to visitors.

TERMS AND CONDITIONS FOR PURCHASE OF PRODUCTS

1. Our website service permits you to purchase our Products from this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.

2. Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an e-mail from Paypal confirming your order. An invoice will be sent to you by us with your Products.

3. Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.

4. PRICE AND PAYMENT

4.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect pricing.

4.2 Our prices include VAT. The delivery charge will be added to the total amount due from you before completion of your order and as set out in our Delivery Schedule.

4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.

4.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product’s correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product’s correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by e-mail to advise you and/or to obtain your confirmation that the amended price is acceptable.

4.5 Payment for all Products must be made by Paypal.

4.6 People registered with Paypal are subject to validation checks. If Paypal refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.

5. AVAILABILITY, DELIVERY AND COLLECTION

5.1 We will endeavour to deliver your order in accordance with the delivery periods set out in the Delivery Schedule, unless there are exceptional circumstances.

5.2 The Products ordered by you can only be delivered to the delivery address provided by you to us.

5.3 We do not accept any liability whatsoever for delayed delivery caused by any third parties.

5.4 If for any reason no one is present to receive delivery of the Products at the delivery address you have provided to us a card will be left for you by Royal Mail asking you to collect the parcel from a designated post office or to request a redelivery.

5.5 In order for us to hand over the ordered Products upon collection or delivery, the recipient must sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for actual delivery of the Products to you.

5.6 Upon delivery of the Products to you, we will also provide you with sufficient details to enable you to exercise your right of cancellation and to address any intended cancellation or complaints to the correct place.

6. RISK AND TITLE

6.1 The Products will be at your risk from the time we commence delivery to you.

6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.

7. RETURNS POLICY

7.1 We do not hold a returns policy and will not be able to refund any products. We do hope that you will be pleased with your purchase.

7.2 If your order arrives and the Products are not those you ordered, or the order is incomplete, or if any Product is in a damaged condition when you receive it, please notify us immediately by telephone on 0800 599 9912 or by email to on-lineshop@theprivateclinic.co.uk . In the case of damaged Products please retain all packaging and damaged Products for inspection.

7.3 The Private Clinic does not hold a refund policy but will replace a damaged product following inspection and as agreed. As per the communication between the customer and The Private Clinic on damaged Products all returns must be sent via recorded delivery, securely wrapped and with the original packaging, along with a completed description stating the damage caused and your customer order number, to the following address:

Online Shop
The Private Clinic
98 Harley Street
London
W1G 7HZ

7.4 We cannot be responsible for any Products that are lost in transit. You should therefore retain your recorded delivery receipt as proof of postage.

7.5 We will not accept the return of any damaged Products which have been purchased from any outlet other than this online Site.

7.6 The provisions of this clause do not affect your statutory rights.

8. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

8.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

8.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

9. YOUR AGREEMENTS

YOU AGREE that:-

9.1 It is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the Paypal account that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your Paypal account details anywhere in the Site;

9.2 It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998 and our Privacy Policy;

9.3 It is your responsibility to maintain the confidentiality and security of your Personal Data especially your name. You will not allow others to use your name and you will notify us immediately of any unauthorised use of your name. We shall not be responsible for any losses arising out of the unauthorised use of your name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.

9.4 We shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;

9.5 Whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).

9.6 You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

9.7 Variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

10. SYSTEM REQUIREMENTS

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.

11. MISUSE OF THE SITE

11.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-access the Site without our prior consent.

11.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails.

12. INDEMNITY

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

13. ASSIGNMENT

You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.

We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

14. GENERAL

14.1 We may require you to change your name or any other information which permits you access to purchase Products from the Site.

14.2 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.

14.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

14.4 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

14.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

14.6 The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to enquries@theprivateclinic.co.uk

14.7 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.

14.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

14.9 We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.

14.10 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

14.11 We welcome ‘hot links’ to the Site, but not ‘deep linking’ by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorised framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

14.2 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

15. INTELLECTUAL PROPERTY RIGHTS

15.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us or licensed to us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user license agreements, and applicable law.

15.2 You will infringe our rights if you copy or reproduce any part of the Site save for:

15.2.1 A temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

15.2.2 You printing out any pages from the Site as a record of any Products you have purchased from it; or

15.2.3 You printing out a copy of the Terms and Conditions which we would request you to do; or

15.2.4 Your own personal use provided that:

15.2.4.1 No documents or related graphics on the Site are modified in any way;

15.2.4.2 No graphics on the Site are used separately from the corresponding text; and

15.2.4.3 The Company’s copyright and trade mark notices and this permission notice appear in all copies.

Other than for the above three exceptions you must not copy the intellectual property in question for any purpose.

15.3 For the purposes of this Clause 15 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

16. DISCLAIMERS

16.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).

Concerning the Site:

16.2 You understand and agree that your use of the Site is at your own sole risk. The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

16.3 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

16.4 Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.

16.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

Concerning the Products:

16.6 We cannot accept responsibility for damage caused if you or the person who receives the Products has signed our “delivery receipt” confirming that the Products were in good condition and undamaged at the point of delivery.

16.7 Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us.

16.8 We will notify you of any Product which is not suitable for people with nuts and seeds, aspirin or mushroom allergies or are not suitable whilst pregnant or lactating by providing a message noted next to the Product. However, we cannot guarantee that traces of unsuitable ingredients will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the use of such Products.

17. THIRD PARTY RIGHTS

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

18. LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

19. ACKNOWLEDGEMENTS

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.

By checking the box next to ‘I understand the terms and conditions of purchase’ you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy Policy both of which are available from our website www.theprivateclinic.co.uk/shop

PRIVACY POLICY

The Private Clinic Limited values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security in accordance with the UK’s Data Protection Act 1998, (the “Act”). This Privacy Policy has been prepared to meet the requirements of the Act and it only relates to the collection, protection, disclosure and use of personal data belonging to living individuals. It does not relate to data which emanates from companies or other entities, although the general principles regarding our collection and use of data is broadly the same irrespective of whoever is the user of our website, or our customers.

This privacy policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data.

We would like to keep you up to date with our latest products, promotional offers and events. If you have agreed by ticking the box on the Delivery Address page, we can inform you about these and other services and products that we offer by email. If at any time you do not want to receive promotional offers and news from us, then you can unsubscribe from the e-newsletter or you can email us at on-lineshop@theprivateclinic.co.uk and we will take your details off our database. You will not be sent any unsolicited material unless you indicate that you want to receive details about our services, product, offers or events etc.

1. INFORMATION WE MAY COLLECT FROM YOU

1.1 We may collect and process the following data about you:

1.1.1 Information that you may provide by filling in forms on our site www.theprivateclinic.co.uk(“our site”). This includes information provided atthe time of purchasing products or requesting further information or services. We may also ask you for information when you report a problem with our site.

1.1.2 Correspondence, or a record of it if you should contact us.

1.1.3 Surveys that we use for research purposes, which we have asked you to complete, although you do not have to respond to them.

1.1.4 Details of transactions you carry out through our site and of the fulfilment of your orders.

1.1.5 Details of your visits to our site (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.

3. WHERE WE STORE YOUR PERSONAL DATA

3.1 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted by Paypal’s data encryption technology.

3.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

4. USES MADE OF THE INFORMATION

4.1 We use information held about you in the following ways:

4.1.1 To ensure that content from our site is presented in the most effective manner for you and for your computer.

4.1.2 To carry out our obligations arising from any contracts entered into between you and us.

4.1.3 To notify you about changes to our service.

4.2 We may also use your data to provide you with information about products and services which may be of interest to you, and we may contact you about these by post or e-mail.

4.3 If you are an existing customer, we will only contact you by e-mail with information about goods and services similar to those which were the subject of a previous sale to you.

4.4 If you are a new customer we will contact you by electronic means only if you have consented to this.

4.5 If you do not want us to use your data in this way, please do not tick the relevant box situated on the Delivery Address page on which we collect your data.

4.6 Any information or statistics relating to our business that we disclose to others shall not identify you personally. We may, for example, perform statistical analyses of the behaviour of the users of our website in order to measure interest in the various areas of our site and to inform advertisers as to how many consumers have seen or “clicked” their advertising banners. This information, and any other general information about our users that we share with advertisers and other partners, will not disclose personal information about you.

5. DISLOSURE OF YOUR INFORMATION

5.1 We may disclose your personal information to third parties:

5.1.1 To prepare or send any communications to you, or to assist us in connection with any of our administrative or business functions, or in the delivery and/or provision of any of our products or our services to you.

5.1.2 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

5.1.3 If The Private Clinic Limited, or substantially all of its assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

5.1.4 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of The Private Clinic Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

6. SALE AND SUPPLY

6.1 We shall comply with the following restrictions in relation to your personal information:

6.1.1 We shall not sell your personal information to anyone else; and

6.1.2 Subject to the exceptions in point 5 above, we shall not supply your personal data to anyone else so that they can use it for their own purposes.

7. YOUR RIGHTS

7.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you, before collecting your data, if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by emailing us on enquries@theprivateclinic.co.uk and we will remove your details from our database.

7.2 Our site may, from time to time, contain links to and from the websites of our advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

8. ACCESS TO INFORMATION

8.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

9. CHANGES TO OUR PRIVACY POLICY

9.1 Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

10. CONTACT

10.1 Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to The Private Clinic, Marketing department, 98 Harley Street, London, W1G 7HZ or email on-lineshop@theprivateclinic.co.uk

Please call us on 0800 599 9912 to purchase this item.

 
 
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