The Clinic Hamilton Square Limited

ONLINE Terms of Sale

These Terms

Who these terms apply to. These are the terms and conditions on which we supply products to consumers. These terms do not apply to customers wishing to purchase products in the course of their business.

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 please contact us to discuss.

Information About Us and How to Contact Us

Who we are. We are a company registered in England and Wales with the name The Clinic Hamilton Square Limited. Our company registration number is 14413397 and our registered office is at Unit 4, Enterprise Court, Queens Meadow Business Park, Hartlepool, Cleveland TS252FE.

How to contact us. You can contact us by telephoning our customer service team on 0151 249 5221 for queries regarding products or orders and for problems or concerns; or write to us at Unit 4, Enterprise Court, Queens Meadow Business Park, Hartlepool, Cleveland TS252FE. Please note we will always do our utmost to fulfill your order and we will advise you if products are out of stock.

Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna via the stripe payment gateway:

• Pay in 3

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

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.

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

Our Contract With You

Our website will guide you through the booking and order process and you will be given the opportunity to review and amend your order before submitting it. Please ensure you have checked your order carefully before submitting it.

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. Our acceptance and order confirmation will normally include the following information:

• an order number;
• confirmation of the products or services ordered including full details of the main characteristics of those products or service;
• itemized prices for the products ordered including, where appropriate, taxes, delivery and other additional charges; and
• estimated delivery date(s) or confirm appointment date.

If we cannot accept your order or appointment. If we are unable to accept your order, we will inform you of this and will not charge you for the product or service. 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.

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Our Products (for the avoidance of doubt, the word product describes any service or item that is purchased or booked)

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 colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.

Please note will always do our utmost to fulfill your order and we will advise you if items are out of stock.

Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

We cannot guarantee that products will always be available. Stock indications will be provided on our website but these are only indications and their accuracy is not guaranteed. Products are sent via a third party and we do not hold responsibility for the shipping of products.

Your Rights to Make Changes

If you wish to make a change to your order please contact us using the details set out in clause 2.2 above. 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 products, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9– Your rights to end the contract).

Our Rights to Make Changes

Minor changes to the products. We may change the product:

• to reflect changes in relevant laws and regulatory requirements; and
• to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not normally affect your use of the product.

More significant changes to the products and these terms. If we need to make more significant changes to the products or to these terms then 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.

Price and Payment

Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary but such changes will not affect any order that you have already placed (subject to clause 2). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 7.3 for what happens if we discover an error in the price of the product you order.

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.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products 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 to you, we will contact you for your instructions before we accept your order. If we do not receive a response from you within 5 working days we will treat your order as cancelled and notify you of this. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized 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.

When you must pay and how you must pay. We accept payment with:

• Visa Credit;
• Visa Debit;
• Mastercard;

and 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.

Providing the Products

Delivery costs. The costs of delivery will be as displayed to you on our website. Please note that delivery costs are not included in the price of the products on our website.

When we will provide the products. During the order process we will let you know when we will provide the products to you.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Ifyou do not receive the products. If you do not receive the products within 30 days of the estimated delivery date or agreed appointment date, please contact us. If we are unable to deliver the products within a reasonable time, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Your Rights to End the Contract

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

• If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back).
• If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2.
• If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) 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 properly provided and you may also be entitled to compensation. The reasons are:

• we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.3);
• 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;
• there is a risk that supply of the products may be significantly delayed because of events outside our control;
• we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
• you have a legal right to end the contract because of something we have done wrong.

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products 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.

When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
• sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
• any products which become mixed inseparably with other items after their delivery.

How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless:

• your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

• Phone or email. Call customer services on 0151 249 5221 or email us at info@clinic-hamiltonsquare.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
• By post. Write to us at Unit 4, Enterprise Court, Queens Meadow Business Park, Hartlepool, Cleveland TS252FE, including details of what you bought, when you ordered or received it and your name and address.

Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Unit 4, Enterprise Court, Queens Meadow Business Park, Hartlepool, Cleveland TS252FE or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0151 249 5221 or email us at info@clinic-hamiltonsquare.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

When we will pay the costs of return. We will pay the costs of return:

• if the products are faulty or misdescribed;
• 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 have a legal right to do so as a result of something we have done wrong; or
• if you are exercising your right to change your mind.

In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.

How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

• We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
• The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example,if we offer standard delivery and express delivery, the maximum refund will be the cost of standard delivery.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

• If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
• In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

Our Rights to End the Contract

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

• you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
• 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, a correct delivery address;
• you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
• you do not, within a reasonable time, allow us access to your premises to supply the services.

If There Is a Problem With the Product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0151 249 5221 or write to us at info@clinic-hamiltonsquare.co.uk.

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.

• Goods must be as described, fit for purpose and of satisfactory quality;
• If your goods are goods and faulty or misdescribed, you have a legal right to have the goods repaired or replaced or a service re-performed or to get some or all of your money back;
• If your goods are digital content, for example, software, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality;
• If your digital content is faulty, you’re entitled to a repair or a replacement;
• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back;
• If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

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 or collection. Please call customer services on 0151 249 5221 or email us at info@clinic-hamiltonsquare.co.uk for a return label or to arrange collection.

Price and Payment

Price and availability information. The price of the products will be the price quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of any product you ordered, please see clause 7.5 for what happens in this event.

Payment methods. We accept payment via Visa, Mastercard, and Klarna.

Our Liability to You

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.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.4; and for defective products under the Consumer Protection Act 1987.

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.

How We May Use Your Personal Information

How we may use your personal information. We will use the personal information you provide to us:

• to supply the products to you;
• to process your payment for the products; and
• 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.

We will only give your personal information to other third parties. We will only give your personal information to other third parties where the law either requires or allows us to do so.

Other Important Terms

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

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.

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.

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.

Alternative Dispute Resolution

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 RetailADR via their website at www.retailadr.org.uk. RetailADR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.