Terms and Conditions
Thank you for showing an interest in us and welcome to PhysioCare Holistics (“PhysioCare Holistics/us/we/our”). We have popped a few useful things to know in our terms and conditions below. As always if you have any questions please do not hesitate to get in touch!
What these terms cover. These terms and conditions (“Terms”) set out the legally binding terms for purchase of our products (Products) and courses, workshops, lectures and seminars (collectively Events) and will form the basis of the contract between Us and the customer (“you/your(s)”).
Why you should read them. Please read these Terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our products/services to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms [or require any changes], please contact us to discuss this.
Your Order constitutes a contractual offer that we may accept. A legally binding contract between us and you will be created upon our acceptance of your Order. In acknowledging these Terms, you therefore agree to be bound by the terms of this Agreement.
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
If you are an individual or consumer. Nothing in these Terms shall affect your statutory rights as a consumer.
1.1 In these Terms the following definitions shall apply:
Agreement: the contract between us and you.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Order: means your order to either purchase the Products or Events.
Order Confirmation: means our acceptance and confirmation of your Order.
Product: shall mean any of our products available for purchase on our website.
Event: shall mean any of our courses, workshops, lectures, seminars, webinars
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(c) A reference to writing or written includes email.
2 WHO ARE WE
2.1 Who we are. We are PhysioCare Holistics, a company registered in England and Wales. Our address PO Box
2.2 How to contact us. You can contact us by writing to us at the address above (2.1), or by sending an email to email@example.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 in your order.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your Order will take place when we email you to accept it, 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 [in writing] and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, or because we are unable to meet a delivery deadline you have specified.
3.3 Your Status. By placing an order with us, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your product may vary slightly from those images.
4.2 Purchase. Any purchases through our online shop are subject to these Terms. We also refer you to clause 7 of this Agreement in relation to purchases from our online shop.
5 RIGHT TO MAKE CHANGES TO THE ORDER
5.1 Your right to make changes. If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 Our changes to the Products and these Terms. We may make the following changes to these Terms or the Product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
5.3 Digital Products. Digital products do not fall within the ‘cooling off’ 7 day period required under UK Law. If you have an issue with a product you have purchased, please email firstname.lastname@example.org and we will respond within 48 hours.
6 RISK AND TITLE IN PRODUCTS
6.1 Ownership of the products. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. Ownership of the products cannot be shared or bought as a consortium or group. Purchases are on an individual basis, and a login relates to the purchaser only. In the event that we receive evidence of logins being shared or products being purchased on a group basis, with a view to sharing logins, we will cancel all access to all products with immediate effect.
7 PURCHASE OF OUR PRODUCTS
7.1 Returns, Exchanges and Cancellations. All Products ordered by you are supplied directly by us. We want you to be happy with your purchase, but if any Products purchased by you are faulty or are damaged when you receive them, or if you receive an incorrect Product, please contact us at email@example.com soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. In accordance with your statutory rights, we will offer you a refund within 28 days of purchase, but we will repair or replace the Product if there is a problem which is our fault.
7.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject the Products you must either return them in person to us, or post them back to us at your own cost.
It is your responsibility to ensure we receive the items back within 14 days of cancelling an order or reporting a fault. If for any reason you need to return your order we do kindly ask that it is sent back to us in the same condition that it was received in.
7.3 Digital products. If you change your mind after purchase you are not entitled to a refund. We look at all cases on an individual basis – please email firstname.lastname@example.org and we will reply within 48 working hours. Digital products do not fall within the 7 day ‘cooling off’ period required by UK Law. We may close Facebook groups, remove individuals from Facebook groups and refuse membership to Facebook groups at our discretion and without notice. Facebook groups are free bonuses and do not constitute a paid element of a Product or Event.
7.4 Price and payment. The price of the Products and Events will be the price indicated on the order pages when you place your Order together with any related delivery charges. We use our best efforts to ensure that the prices of the Products advised to you are correct, except in cases of obvious error.
7.5 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.
7.6 Price Changes. Product prices and Event prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
7.7 Incorrect Pricing. It is always possible that, despite our best efforts, some of the Products and/or Events on our site may be incorrectly priced. We will normally verify, at our discretion, either contact you for instructions or reject your order and notify you of such rejection. We are under no obligation to provide any Product or Event to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
7.8 Instalments. If we agree with you that you may pay for a Product or Event in instalments, then each instalment must be paid by its due date (as notified by us to you). If you fail to make any payment then, without limiting our other remedies we may refuse you entry to any Event (whether or not your booking on any such Event was a free bonus place for which you did not pay a specific fee), refuse to provide you with any Event materials and/or refuse to provide you with any Products/Events that you have ordered from us, whether or not you have paid for them.
7.9 Import duty: If you order products from us they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of such laws.
8 OUR LIABILITY TO CUSTOMERS
8.1 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.
8.2 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.
8.3 Exclusions. Except as expressly set out in these Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
8.4 Our responsibility to you if you are a business. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability
(d) We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any losses, or any indirect or consequential loss arising under or in connection with any contract between us. In the event that any limitation or exclusion of liability in the Terms is not enforceable, our liability to you shall at all times be limited to the total amount paid, if any, by you for the Products or Events.
8.5 We shall not be responsible whatsoever for any liability to you or loss, or delay in performance of our obligations under these Terms which occurs outside of our control.
8.6 You assume sole responsibility for the selection, suitability and use of any Products or Events.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 Protecting our brand. Our brand is important to us. At all times, we shall retain the ownership of any and all Intellectual Property Rights in the Products and Events, their designs and any materials provided to you, under the Terms of this Agreement. All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials at all times belong to and shall remain vested in us, and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.
9.2 Licence. If you purchase an Event for which we provide you Event materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, non-commercial purposes. You must not make available, copy, reproduce, disseminate, retransmit, sub-licence, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner such materials (or any part of them) to any third party.
10 HOW WE MAY USE YOUR INFORMATION
10.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the Products and Events to you;
(b) to process your payment for the Products and Events; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
(d) In relation to any personal data provided to us by you or on your behalf, you agree that we may use such personal data to perform our obligations and enforce our rights under any Agreement.
11 WRITTEN COMMUNICATIONS
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us may be mainly electronic. We will contact you be e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Agreements, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
12.1 All notices given to us must be given to us at email@example.com. We may give notice to your at either the email or postal address you provide to us when placing an order. Notice will be deemed received by you and properly served on you immediately when posted on our site, 24 hours after an email is sent to you, or three days after the date of posting a letter to you. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such a letter was properly addressed, stamped and placed in the post, and in the case of an email, that such email was sent to the specified email address of the addressee.
13 TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. In particular you may not transfer anyone else to your place on an Event. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it at any time.
14.1 If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the contract or any of these terms of supply, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of subsequent default.
14.3 No waiver by us of any of these terms of supply will be effective unless it is expressly stated to be a waiver and it is communicated to you in writing.
15 EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by events outside of our reasonable control (Force Majeure Event)
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of the railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government;
15.3 Our performance under any Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period
16.1 If a court finds part of this contract invalid, unlawful or unenforceable, 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.
16.2 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.
16.3 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
16.4 Our right to vary these terms of supply. We have the right to revise and amend these terms of supply from time to time. You will be subject to the policies and terms of supply at the time that you order Products or Events from us.
16.5 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. Any dispute or claim arising out of or in connection with this Agreement 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.
At PhysioCare Holistics we are committed to protecting and respecting your privacy. This policy explains how we collect, manage, use and protect your personal information.
Our commitment to you
We promise to safeguard your privacy and personal information. We will keep your information safe and will never pass it to third parties for marketing purposes.
What type of information is collected from you?
We receive, collect and store any information you enter on our website, or provide to us in any other way.
The personal information we collect might include your name, address, email address, IP address, purchase history, payment details (including credit card information) and information regarding what website pages are accessed and when. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page.
How is your information used?
We may use your information to:
Provide and operate our services.
Process an order or booking you have made.
Provide ongoing customer assistance.
Seek views or comments on the service we provide.
Notify you of any changes to our services.
Send you communications which you have requested and that may be of interest to you. These may include information about any offers, discounts, new products or services, news and updates.
Who has access to your information?
We will never sell your information to third parties.
We will never share your information with third parties for marketing purposes.
How is your information stored?
We will safely store your information digitally for as long as it is needed to be able to provide our services to you.
How you can access and update your information:
If you would like us to stop processing your information, or you change your email address or any other information we hold about you is inaccurate or out of date, please email us at firstname.lastname@example.org