Please read these Terms and Conditions carefully before using the website www.fhc.co.im operated by:The Foot Health Clinic Ltd Premier House Carr’s Lane Tromode Industrial Estate Tromode IM4 4QB
Company Registration Number: 126708C
By using our website, you agree to be legally bound by these Terms and Conditions which may be changed from time to time.
In these Terms and Conditions ( ‘Terms’ ), the following words and phrases will have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods or Services from the Company;
“the Company” means ‘The Foot Health Clinic Ltd’. with registered office at Premier House, Carr’s Lane, Tromode Industrial Estate, Isle of Man, IM4 4QB;
“Contract” means the contract between the Company and the Client which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. THE CONTRACT
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
The company reserves the right to change any product or service information displayed on the website without notice. Although all efforts are taken to ensure that all advertised products are available, this is not guaranteed.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to Isle of Man Law and the parties submit to the exclusive jurisdiction of the Isle of Man Courts.
To be eligible to purchase goods or services on this Website and lawfully enter into and form contracts on this Website, you must:
- a. be 18 years of age or over
- b. register your real name, address, phone number, email address and any other details requested
If you are under 18, please ask an adult to contract on your behalf. By offering to purchase goods and services, you represent to the Company that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
5. ORDER PROCESS
Persons ordering via the Website must be over the age of 18.
All orders placed are subject to availability. The buyer must provide adequate, accurate information for the company to both deliver to them and to contact them in case of a problem with their order. In the case or orders being out of stock, despite the advertised stock level on the Website, an email notification will be sent to the buyer. The buyer can choose to buy from existing stock, or cancel the order. Refund will be given in this instance.
Orders placed are offers to buy and may be rejected at any time prior to acceptance. Automated acknowledgment of your order shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website.
The conclusion of a contract between the Buyer and the Company will take place when the company accepts the order by (i) debiting the Buyers credit or debit card, or (ii) dispatching goods to the Buyer/making goods available for download by the Buyer or commencing the services, whichever is the earlier.
All reasonable care will be taken, in so far as it is in the Companys power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Each item or service purchased is sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
The company is entitled to refuse any order placed by the Buyer and will not be required to provide an explanation.
Goods will be delivered to the Buyer, at the address provided on the order form.
All goods must be signed for by an adult aged 18 years or over on delivery.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods.
The Buyer will become the owner of goods ordered when they have been paid for and delivered.
Any dates quoted for delivery of goods are approximate only and the Company shall not be liable for any delay in delivery of goods however caused. No delay will entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 90 days.
Risk in the Goods shall pass to the Buyer upon delivery.
Ownership in the Goods shall not pass to the Buyer until the Company has received in full and cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due.
Prices are in Pounds Sterling unless otherwise specified.
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information. Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the Isle of Man and United Kingdom unless otherwise specified.
The Company reserves the right, by giving notice to the Buyer, at any time before delivery or performance to increase the price of goods or services to reflect any increase in the cost to the Company. Cost increases might be due to but are not limited to; any foreign exchange fluctuation, wholesale price increases, labour cost increases or increases in the cost of shipping.
In the event of a price increase, the buyer may cancel the order at any time before dispatch or 24 hours prior to an appointment.
Should the Company incorrectly advertise product/service details, the Buyer will be contacted by email or telephone and given the option to cancel their order/appointment. If the buyer cannot be contacted, the Company will cancel their order/service.
Unless the Company has already despatched or commenced performance of your order, the Company will not be obliged to supply products or provide services at the incorrect price or based on an incorrect description.
Payment will be debited and cleared from the Buyers account before the despatch of goods. Payment is made by the Buyer through the website terminal. Payments for in clinic services are payable after treatments, at the clinic reception.
By placing an order, the Buyer consents to payment being charged to the nominated debit/credit card account or electronic payment account as provided on the order form.
Title to the goods will pass to the Buyer on delivery of the goods.
Authorisations will be gleaned from the Buyers bank when an order is placed.
8. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights. The user of the site acknowledges that the intellectual property rights in the material and content supplied as part of the Website shall remain with the company or our licensors.
Any user of the website www.fhc.co.im may download or copy content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing contents of the Website for any reason other than personal use, is expressly prohibited.
The user or Buyer may retrieve and display Website content on a computer screen, store such content in electronic form on disc (but not any server or other storage device connected to a network) or print one copy of such content for their own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. The Buyer or user of the Website may not otherwise reproduce, modify, copy ,distribute or use for commercial purposes any of the materials or content on the Website.
The Buyer and/or user of the Website further acknowledges that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
No licence is granted to any Buyer or user of the Website in these Conditions to use any trademark or its affiliated companies.
Goods and services sold by the Company may be subject to copyright, trademark or other intellectual property rights in favour of third parties. The Company acknowledges those rights.
Information displayed by the company on the Website is accurate at the time of publishing. However, the Company will not be held liable for any errors or omissions.
Images, drawings, product specifications, treatment descriptions and product descriptions are for approximate information only.
The Company might make changes to the site which might limit the buyer without notice or liability.
The Company reserves the right to:
- a. Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to the Buyer or user and it is confirmed that the Company shall not be liable to you or any third party for any modification to or withdrawal of the Website;2
- b. Change the Conditions from time to time, and the Buyers continued use of the Website (or any part thereof) following such change shall be deemed to be acceptance of such a change. It is the Buyer/users responsibility to check regularly to determine whether the Conditions have been changed.
No person may use the Website for any of the following purposes:
- a. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- b. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
- c. breaches any relevant laws, regulations or code of practice;
- d. gaining unauthorised access to other computer systems;
- e. interfering with any other person’s use or enjoyment of the Website;
- f. breaching any laws concerning the use of public telecommunications network
- g. interfering or disrupting networks or websites connected to the Website
- h. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- i. The Company reserves the right to refuse to post material on the Website or to remove material already posted on the Website.
10. LIABILITY AND INDEMNITY – LIMITATION OF LIABILITY
The Companys liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed 150% of the price of the Goods and the Company shall under no circumstances be liable to the
Buyer for any consequential, indirect or economic loss or damages.
Notwithstanding any other provision in the Conditions, nothing in these Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and the Company make no warranties, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
The Buyer acknowledges that the Company cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided. The buyer must bear the risk associated with the use of the Internet.
The company will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
The Company will not be responsible or liable to the buyer for any loss of content or material uploaded or transmitted through the Website and the Company accepts no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
The Company will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the delay or failure was due to any cause beyond reasonable control.
The Company will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:
- a. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
- b. any loss of goodwill or reputation
- c. any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Conditions.
The Buyer agrees to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by the Buyer or user, or any other liabilities arising out of use of this Website or any other person accessing the Website using Personal Informationof the Buyer or user.
This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
11. FORCE MAJEURE
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and
the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
The Company warrants that the Goods are of satisfactory quality. If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
You warrant that:
- a. the personal information which you are required to provide when you register is true, accurate, current and complete in all respects;
- b. you are not impersonating any other person or entity and
- c. you will notify the Company immediately of any changes to your personal information by emailing or telephoning our customer service representatives.
In order to monitor and improve customer service, we sometimes record telephone calls.
15. THIRD PARTY RIGHTS
Except for affiliates, directors, employees or representatives of the Company, a person who is not a party to these Conditions has no right under the Contracts to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available.
16. EXTERNAL LINKS
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website the Company are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
- a. privacy practices of such websites;
- b. Content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
- c. the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
17. OVERSEAS ORDERS
Shipping overseas is subject to extra shipping or postage costs, as well as any additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. The Buyer will have an opportunity to cancel their order in case these costs are not satisfactory.
18. GOVERNING LAW AND JURISDICTION
The Website is controlled and operated in the Isle of Man.
The Conditions will be governed by the laws of the Isle of Man and you irrevocably agree to submit to the exclusive jurisdiction of these courts.