1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 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 products to you, how you and we may change or end the contract, 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.
1.3 All terms and conditions are subject to change at any time without notice
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Simply Clinics a company registered in England and Wales. Our company registration number is 08754343 and our registered office is at 19 Ashfield Parade, Southgate, N14 5EH. Our registered VAT number is 201229464.
2.2 How to contact us. You can contact us by telephoning our customer service team at 020 8352 3523 or by writing to us at [email protected].
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 we accept payment (including deposits) to provide you with the product or service.
3.2 If we cannot accept your order or appointment. If we are unable to accept your order or appointment, we will inform you of this in writing and will not charge you for the product or appointment. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet the appointment date you have specified.
3.3 Your appointment date. We will accept or assign an appointment date to the service you have requested. It will help us if you can tell us the date of your treatment and your full name whenever you contact us about your appointment. Simply Clinics cannot guarantee that you will have the same doctor or therapist for each treatment but they will all be trained and approved in accordance with the company’s treatment protocols. If you have a certain preference, then we will do our best to accommodate your request.
3.4 Upon arrival to your appointment. No children (under 16 years of age) are to be left unattended within the clinic at any time. All children must be accompanied by another adult during your treatment. Failure to bring an adult chaperone with any child may result in the loss of that session.
3.5 Treatment courses. All treatments purchased as a course must be paid in full in advance of the first treatment. All treatment courses must be used within 24 months of the date of purchase, otherwise they may be lost. When booking a treatment, all appointments must be taken in the clinic where the treatment was purchased. In the event that a particular store closes, Simply Clinics reserve the right to provide you with the goods and services you are hereby contracting to purchase at a different location (to be situated within 25 miles from the location of purchase). Once a course has been purchased, the course cannot be upgraded or downgraded. All areas for each particular session need to be completed in the same sitting and cannot be split.
3.6 We only sell to the UK. Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.
4. OUR PRODUCTS AND SERVICES
4.1 Your appointment with us. If you are unable to attend your appointment, please contact us immediately on 020 8352 3523. We will need to know at least 24 hours before your appointment is due. Failure to cancel or rearrange your appointment at least 24 hours in advance will result in loss of the session or deposit or a cancellation fee (see clause 8.3).. It will be at the discretion of the individual clinic as to which fee shall be taken. You must arrive for your appointment at least 10 minutes in advance so that the necessary paperwork can be completed. Late arrival will result in reduced treatment or loss of that session, we may charge you reasonable compensation for the net costs we will incur as a result.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the service or 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 or service, the timing of your appointment 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.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the product. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 More significant changes to the product and these terms. In addition, as we informed you in the description of the product [in our brochure OR on our website], 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 and receive a full refund before the changes take effect.
7. PROVIDING THE PRODUCTS OR SERVICES
7.1 Service and product costs. The costs of the service you have requested will be told to you during the order process / set out in our current price list on our website.
7.2 When we will provide the products. During the order process, we will let you know when we will provide the products to you. If the product is a subscription to receive regular deliveries of a product, we will also tell you during the order process when and how you can end the contract for these products. OR
(a) If the product is a one-off purchase. If the product is one-off purchase (rather than a subscription) we will deliver it to you as soon as possible and in any event within 30 days after the day on which we accept your order.
(b) If the product is a subscription. We will deliver the products to you [within the first week of each month] until either you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.
7.3 We are not responsible for delays outside our control. If our supply of the service or product is delayed by an event outside our control (e.g. machine failure, power failure) 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.
7.4 If you are not at home when the product is 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.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
7.6 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.5, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.8 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to you at the address you gave us or to a person you have identified to take possession of the products or when you collect it from us.
7.9 When you own the products. You own the products once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products or service to you, for example, your full name, medical history, address etc. It is the client’s responsibility to ensure that he or she provides Simply Clinics with all necessary medical details prior to any treatment and must inform Simply Clinics of any change in these details throughout a course of treatments. Simply Clinics will not be liable for any adverse reactions that occur as a result of the client’s failure to disclose such details. These details will have been stated in the description of the products in our treatment guides or on our website. We may contact you to ask for this information. 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 (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or service late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product or service, unless the problem is urgent or an emergency. If we have to suspend the product or service for longer than 28 days, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product or service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days and we will refund any sums you have paid in advance for the product or service in respect of the period after you end the contract.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products or service when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the products during the period for which they are suspended.
7.14 Gift Cards. Gift cards can be purchased in £ sterling only. They can only be redeemed at the branch of the clinic where it was purchased and cannot currently be redeemed online. Gift cards can be used as full or part payment on services and retail merchandise in the clinic and cannot be refunded or exchanged for cash and cannot be transferred to other customers. No cards will be replaced if lost or stolen and expire 24 months from the date of purchase
7.15 Rewards cards. Packages paid for in instalments do not qualify for the rewards. Stamps will only be offered when you purchase is made directly through simply clinics and no third-party sites. Only one gift is redeemable per reward card. Rewards cards can only be redeemed at the branch of the clinic where it was purchased and cannot currently be redeemed online. Rewards cards can be used as full or part payment on services and retail merchandise in the clinic and cannot be refunded or exchanged for cash and cannot be transferred to other customers. The will not be replaced if lost or stolen and expire 24 months from the date of purchase. Only one stamp per day per rewards card.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the contract for supply of a product or service before it has been delivered, supplied and paid for. You may contact us to end your contract for a product or service at any time before we have delivered or supplied it and you have paid for it, but in some circumstances, we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or misdescribed (see clause 10, "If there is a problem with the products").
8.2 What happens if you have good reason for ending the contract. If you are ending the 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 products 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 error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products or service may be significantly delayed because of events outside our control;
(c) we have suspended supply of the product or service for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products or 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. Refunds for money on unused treatments for packages will be calculated as if the used sessions were charged at the single session rate at the time of cancellation.
8.4 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances, you must pay the costs of return.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product or service at any time by writing to you if:
(a) you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, medical details, full name, contact details, etc. (see clause 7.10)
(c) you do not, within a reasonable time, allow us to deliver or supply the products or service to you or collect them from us; or
(d) If you do not follow the guidelines. The pre-and post-treatment guidelines will be discussed with you prior to the purchase of any product. These are also available on our website. If you do not follow the guidelines we may need to cancel your appointment, reduce the treatment time, or charge additional fees. (see clause 9.2)
(e) If you make a claim against simply clinics
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 020 8352 3523 or write to us at [email protected] and 19 Ashfield Parade, Southgate, N14 5EH. Alternatively, please speak to one of our staff in-store.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key 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, for example [furniture or a laptop], 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
• up to 30 days: if your goods are faulty, then you can get an immediate refund.
• up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
• up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example [a support contract for a laptop or tickets to a concert], the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
• if you haven't agreed on a price beforehand, what you're asked to pay must be reasonable.
• if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage.
10.4 Your right to change your mind. We, Simply Clinics of 19 Ashfield parade, Southgate, N14 5EH, offer the following guarantee which is in addition to your legal rights (as described in clause 10.2) and does not affect them. If you change your mind about a service, a full refund will be offered on treatments (excluding treatments that form part of a promotional offer) within 7 days of purchase, please contact us to arrange your cancellation. No refunds are offered for treatment coursed that have already commenced, treatments that have already been fulfilled cannot be refunded, this does not affect your statutory rights. Transfer of packages from one customer to another will be decided at the discretion of the individual clinics. If you have received the unwanted product you must return it to us at your own expense in its original packaging and unopened within 14 days. There is no obligation to return digital content or services. This guarantee is only offered to consumers resident in the UK. Opened products cannot be refunded unless they cause an adverse reaction. We advise that any reactions be reported as soon as possible.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product or service (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed on another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 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 (including delivery costs) in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product'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 product's correct price at your order date is higher than the price stated in our price list, 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 terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
11.4 When you must pay and how you must pay. We accept payment with Cash, Visa Debit and all major credit cards. You must pay for the services or products (including delivery) before we dispatch them. For services, you must make a deposit to secure your appointment with Simply Clinics. Deposits will be charged at time of booking. We will not charge your credit or debit card until we dispatch the products to you. Deposits are refundable in the first four weeks, thereafter Simply clinics reserves the right not to refund any deposits. Simply Clinics reserves the right to withhold the deposits which have been on account for more than 24 months.
11.5 We will not charge interest if you pay late. If you do not make any payment to us or if we are unable to collect any payment from you by the due date we cannot charge interest to you on the overdue amount.
11.6 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.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 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, except as set out in clause 12.2 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 disclosed this on the consultation forms.
12.2 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 goods, including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987
12.3 When we are liable for damage to your property. If we are installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. If defective digital content which we have supplied damages a device or digital content belonging to you we will either repair the damage or pay you compensation.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
13.2 We will only give your personal information to [other] third parties where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract for the supply of the product within 30 days of us telling you about it and we will refund you any payments you have made in advance for products or services not provided.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree. However, you do not need our agreement to transfer the benefit of our guarantee in clause 10.4.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10.4 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
14.4 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.
14.5 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 from 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.
14.6 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.
14.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk or by telephone: 0203 540 8063. The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.