Pre-Order Terms and Conditions

TERMS AND CONDITIONS

This page (together with our Privacy Policy) provides you with information about us (“Pacla Medical Limited”) and the legal terms and conditions (“Terms”) according to which we sell any of the products (“Products”) listed on our website (“Site” or “Our Site” or “www.robophysio.com”) to you.

These Terms will apply to any contract between us for the sale of Products to you (“Contract”). 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.

You may only purchase Products from Our Site if you are at least 18 years old. These Terms, and any Contract between us, are only available in English.

By ordering and/or purchasing the Product, you represent and warrant that you have read and understood these Terms. This is a binding legal agreement between you and Pacla Medical Limited. You should carefully review our Privacy Policy before placing an order for goods or services through the Site. Do not order the product if you do not accept these Order Terms.

INFORMATION ABOUT US AND HOW TO CONTACT US

1.1 We operate the website https://www.robophysio.com. We are Pacla Medical Limited, a company registered in Scotland under company number SC513633 and with our registered office at 21 Lansdowne Crescent, Edinburgh, EH12 5EH, Scotland.

1.2 How to contact us. You can contact our customer service team by writing via e-mail to us at info@paclamedical.com.

1.3 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.

1.4 “Writing” includes emails. The words “writing” or “written” in these terms include emails.

OUR CONTRACT WITH YOU

2.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

2.2 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.

2.3 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 cannot reasonably avoid, 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.

2.4 Your order number. We will assign an order number to your order which will be provided to you via email 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

3.1 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.

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

OUR RIGHTS TO MAKE CHANGES

4.1 Minor changes to the Products. 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.

4.2 More significant changes to the Products and these Terms. In addition, as we informed you in the description of the Product 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

USE OF OUR SITE

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

5.2 We are the owner and the licensor of all intellectual property rights in Our Site, and in the materials published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.3 You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others associated with you to material posted on Our Site.

5.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without first seeking our permission to do so.

5.5 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

5.6 You must not use any part of the materials on Our Site for commercial purposes without obtaining a licence to do so from us as the licensors.

5.7 If you print off, copy or download any part of Our Site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.8 Commentary and other materials posted on Our Site should not be relied upon or treated as a substitute for specific advice relevant to particular circumstances. We shall accept no responsibility for any errors, omissions or misleading statements on Our Site, or for any loss which may arise from any reliance placed on materials contained on this site by any visitor to Our Site, or by anyone who may be informed of any of its contents.

5.9 We aim to update Our Site regularly and may change the content at any time. If the need arises, we may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and we are under no obligation to update such material.

5.10 You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

5.11 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

5.12 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

5.13 You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog site or other website where such linking is permitted.

5.14 Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice.

5.15 Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery will be as displayed to you before you place the order. We have no control over individual countries import policies and you may be charged separately by your local customs agencies for import duties and other taxes; these separate costs are outside of our jurisdiction and will not be displayed to you when you are placing your order. See clause 8 for further information.

7.2 When the Products will be provided. We will deliver the Products to you as soon as reasonably possible and in any event within 60 days after the day on which we accept your order unless otherwise stated at time of purchase.

7.3 We are not responsible for delays outside our control. If delivery of the Products is delayed by an event outside our control (“Event Outside Our Control”) 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, 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. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes or other industrial action by third parties, civil commotion, terrorist attack or threat of terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

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, you will normally be left a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not re-arrange delivery. If after a failed delivery to you and 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 12.2 will apply.

7.6 Your legal rights if we deliver late. You have legal rights if Products you order are delivered 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 your order was accepted that delivery within the delivery deadline was essential.

7.7 Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.

7.8 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 7.7, 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 must post them back to us following the instructions on the returns form provided with your order (“Returns Form”).

7.9 When you become responsible for the Product. The Product will be your responsibility from the time the Product is delivered to the address you gave us.

7.10 When you own goods. You own a Product once you have made, and we have received, payment in full.

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; or

(b) update the product to reflect changes in relevant laws and regulatory requirements.

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, unless the problem is urgent or an emergency. If we have to suspend the Product 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 if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 10 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.

INTERNATIONAL DELIVERY

8.1 You will be responsible for payment of any such import duties and taxes which may apply to your country of residence and to where the Product is being delivered. Please contact your local customs office for further information before placing your order.

8.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

YOUR RIGHTS TO END THE CONTRACT

9.1 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:

(a) 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 to get some or all of your money back), see clause 13;

(b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 10.2;

(c) If you have just changed your mind about the Product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period (“Cooling-Off Period”), but this may be subject to deductions and you will have to pay the costs of return of any goods. The terms of the Cooling-Off Period in these Terms may be different from the cooling-off period for any loans you may agree, whether introduced by Pacla Medical Limited or not, in order to finance payment for Products.

9.2 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 (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these Terms which you do not agree to;

(b) 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;

(c) there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control;

(d) supply of the Products has been suspended for technical reasons, or we notify you we are going to suspend them for technical reasons; or

(e) you have a legal right to end the contract because of something we have done wrong (including late delivery (see clause 8.8)).

9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days from your receipt of the Product and receive a refund under the Consumer Contracts Regulations 2013.

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

(a) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

(b) any Products which become mixed inseparably with other items after their delivery.

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

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

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

(a) Email customer services at info@paclamedical.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

10.2 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 the Products to us as specified in the Returns Form. 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.

10.3 When costs of return will be paid. We will pay costs of return:

(a) if the Products are faulty or misdescribed; or

(b) 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;

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

10.4 What we charge for collection. If you are responsible for the costs of return we will charge you the direct cost to return the product.

10.5 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.

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

(a) 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.

(b) 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 delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

10.7 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:

(a) 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.

(b) 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

11.1 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:

(a) you do not make any payment to us when it 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, a correct delivery address; or

(c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;

IF THERE IS A PROBLEM WITH THE PRODUCT

12.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can contact our customer service team by writing via e-mail to us at info@paclamedical.com.

12.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformance with your 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 the Product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:

·  up to 30 days: if your item is faulty, then you can get a refund.

·  up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

·  up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.

12.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products, please follow the returns procedure on the Returns Form.

PRICE AND PAYMENT

13.1 Where to find the price for the Product. The price of the Product (which may include UK VAT at 20%) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order. The following countries within the EU determines that the price you pay to us includes UK VAT charged @ 20%; all other countries outside of the following list means that the price you pay is exclusive of VAT and as such VAT charges will not apply; Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark (except the Faroe Islands and Greenland), Estonia, Finland (except the Åland Islands), France (including Monaco but excluding Guadeloupe, Martinique, Réunion, St Pierre and Miquelon, and French Guiana), Germany (except Büsingen and the Isle of Heligoland), Greece, Hungary, Ireland, Italy (except  the communes of Livigno and Campione d’Italia and the Italian waters of Lake Lugano), Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal (including the Azores and Madeira), Romania, Slovak Republic, Slovenia, Spain (including the Balearic Islands but excluding Ceuta, Melilla and the Canary Islands), Sweden.

13.2 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 in full before the change in the rate of VAT takes effect.

13.3 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, 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 end the Contract, refund you any sums you have paid and require the return of any goods provided to you.

13.4 When you must pay and how you must pay. We accept payment with credit or debit cards issued by Amex, VISA and Mastercard. We also accept payment from any entity which agrees a loan with you in order to finance payment for the Product. We may also accept payment via PayPal or by direct bank transfer; please contact info@paclamedical.com to obtain our bank details and or PayPal account details. You must pay for the Products before we dispatch them.

13.5 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 and we will not charge you interest until we have resolved the issue.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 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. 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.

14.2 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.

OTHER IMPORTANT TERMS

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 1 month of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

15.3 If a court finds part of these Terms 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.

15.4 Even if we delay enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, 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.

15.5 Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by Scots law and you can bring legal proceedings in respect of the Products in the Scottish courts. If you live in England 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 Scottish courts.

RETURNS POLICY

This page together with our terms of service and terms of sale of goods details Pacla Medical’ Returns Policy.

In the event that you are not satisfied with any purchase from Pacla Medical, you may return the goods, along with original packaging and any labels within 14 days of receiving the product. Faulty products returned after the 14-day period and within the limited warranty period must be returned to us as specified in the Returns Form. Contact Pacla Medical customer services for instructions (e-mail info@paclamedical.com). Items purchased at retail or online stores must be returned where you purchased them. Return policies at these outlets may vary.

Product returns will not be accepted where the Warranty has not been registered or additional software has been downloaded and User Account setup.

Shipping fees for returns are the customer’s responsibility. Return shipping costs can only be refunded where we have sent the wrong goods in error. We recommend that you use a reputable courier. We cannot accept responsibility for the returned goods until a member of our staff has signed for or acknowledged receipt of the goods.

Contact Pacla Medical customer services at info@paclamedical.com for shipping details. Please provide your name, home address, details of the order and, where available, your phone number and email address.

We will refund you on the credit card or debit card used by you to pay for the Product(s) or, if you have agreed a loan to pay for the Products, we will refund your lender. If you used vouchers to pay for the Product we may refund you in vouchers. All refunds will be made within 14 days from the day on which we receive the Product(s) back from you.

Copyright Robophysio © 2018. All rights reserved. Web site by Dialogue.

All content herein is protected by copyright, trademarks and other intellectual property rights, as applicable, owned by or licensed to Pacla Medical Limited or its affiliates unless otherwise indicated, and must not be redistributed, duplicated or disclosed, in whole or in part, without the express written consent of Pacla Medical Limited