These Terms and Conditions are the standard terms which apply (i) to provision to Clients of any Services (as “Services” is defined below) by Tom Woods Orthotist HCPC registration PO4226; and (ii) where the Client is a “Consumer” as defined by the Consumer Rights Act 2015.
 

Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Assessment”
includes taking a medical history, visual and physical assessment and any procedure required.
“Business”
means any business, trade, craft, or profession carried on by You or any other person/organisation.
“Client Information Form”
means the form attached to these Terms and Conditions on which you are asked to provide personal information and on which you are asked to indicate your acceptance of these Terms and Conditions.
“Clinic/We/ Us/Our”
means orthotic treatment provided by Tom Woods.
“Consumer”
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual Client of the Clinic who receives Services for the Client’s personal use and for purposes wholly or mainly outside the purposes of any Business.
“Fitting Session”
means the follow up appointment c. 4 weeks after the date of the Appointment where any Products ordered are supplied and fitted by Us.
“Price List”
means the list of prices for the Services and Products attached to these Terms and Conditions, valid at the date of the contract becoming binding.
“Products”
means any and all of the following orthotic devices simple custom insole, modular insole, custom cushion insole, custom plastic insole, custom carbon insole, shoe raise, and any other items provided by Us;
“Regulations”
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
“Services”
means any and all of the Assessments, facilities, services, Products, Fitting Sessions, and other goods and materials which we provide/use; and
“You/Your”
means an individual who is a Client of the Clinic.
Unless the context otherwise requires, each reference in these Terms and Conditions to:
“these Terms and Conditions” is a reference to these Terms and Conditions; and,
a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
Words signifying the singular number shall include the plural and vice versa; and references to any gender shall include the other gender.

Appointments
1. The Services which We offer are only available by appointment. You may book an appointment by email or by phone. Appointments last between 30 and 60 minutes.

2. Your request for a booking for an appointment will be an offer, but whether We accept any booking will be for Us to decide in Our discretion. Only if and when We tell You that We accept Your request for a particular appointment, will there be a binding contract between You and Us. If You wish to make a booking for two or more appointments by means a single booking and in Our discretion, We accept that booking, Our contract with You will be for all of the appointments concerned;

3. When You book an appointment, We may require You to pay Us a deposit some or all of which We will be entitled to keep as set out in sub-Clause 2.7 below if You later cancel the appointment without giving Us prior notice of at least 24 hours. Deposits shall be equal to 50% of the price of the Services required;

4. We will not reserve or guarantee any particular date and/or time which You request for any Services unless You book an appointment for that time/date;

5. If You know You are going to be late for an appointment, you should contact Us to tell Us. If You arrive later than 10 minutes after an appointment time, we will try to provide the Services You have booked but if We decide that We cannot, the appointment will be treated as cancelled without notice by You and, if We then decide to make a charge for that appointment cancelled without notice, sub-Clause 2.7 below will apply;

6. You may cancel an appointment without charge if You give Us at least 24 hours prior notice of the cancellation, and if You do so We will refund to You any sum (including, but not limited to any deposit) You paid in advance;

7. If You do not give Us at least 24 hours prior notice of cancellation of an appointment, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but not more than 75% of the full price of the appointment. We will be entitled to deduct that charge from any sum (including, but not limited to any deposit) You paid in advance, and We shall refund the balance to You;

8. If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel an appointment without giving Us at least 24 hours prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation that We are entitled to make under sub-Clauses 2.5 and 2.7;

9. We may cancel an appointment booked by You at any time before the time and date of that appointment in the following circumstances:
1. The required personnel and/or required materials necessary for the provision of the Services are not available; or

2. An event outside of Our reasonable control continues for more than 4 weeks; or
 

3. We find that you are not a “Consumer”;

If We cancel an appointment in such circumstances, We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment;
 

1. We will use all reasonable endeavours to start the Services at the appointment time which You have booked, but the start may be delayed by overrun of a previous appointment or by other circumstances. If a delay to the start is at least 30 minutes, or, if at any time before or after You arrive for an appointment, We notify You that there will be a delay of at least that time, You may cancel the appointment and We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment.
Fees and Payment
 

1. The price for the appointment must be paid on the date the Assessment is completed. Payment for any Products fitted at the Assessment shall become due and payable on the date the Assessment is completed.
 

2. The price for any Products ordered by You shall be due and payable in full prior to any Products being ordered.
 

3. Should there be any additional unforeseen costs from the manufacturer, these and any further clinical appointment fees are payable on supply of the Product. These payments are non refundable.
 

4. You may be required to book an additional appointment after your Assessment for Us to take moulds. This appointment is free of charge.
 

5. You may pay Us for the Services (and for any deposit or other advance payment on account of that payment) using credit/debit card or cash.
 

6. We may alter Our prices without prior notice, but if the price of any Services increases between the time when You book an appointment and the date of the appointment, the price increase will not apply to Your appointment for those Services on that date; and
 

7. All prices of Services shown in the Price List are inclusive of VAT.
 

8. Payment by a third party: We require a valid purchase order from the payer for Clients who are being funded by a third party i.e. an NHS Trust, charity, insurance company, solicitor, care company etc. before (i) an Assessment can be completed and (ii)an order for any Products can be placed.
Eligibility for Services
You shall ensure that:
 

1. all the information that you provide us on the Client Information Form is complete and accurate;
 

2. you shall co-operate with Us in all matters relating to the Services;
 

3. you shall provide Us with such information We may reasonably require in order to supply the Services; and
 

4. you shall ensure that such information is complete and accurate in all material respects.
 

1. You shall at all times be responsible for your own health, physical condition and wellbeing. You must ensure that you are fit and well enough to receive the Services. If you have any concerns about your health, you should seek appropriate medical advice before attending your appointment.
 

2. You confirm that, in connection with your request(s) to receive any Services from Us, You are and will be a “Consumer”;
 

3. We will not provide an assessment to You if You are aged under 18 unless You have parental consent. We may require evidence of Your age for that purpose;
 

4. We advise You to tell Us of any medical condition or on-going medical treatment when You book an appointment. If You do not tell Us at that time, We will be entitled not to provide an assessment (or part of it) and to treat the appointment (or the affected part of it) as cancelled by You without notice, in which case We may make a charge to You for the cancelled appointment (or part of it) as set out in sub-Clause 2.6 above.
 

5. We carry out a standard free follow up assessment within 6 weeks of the date of the fitting session, subsequent reviews are chargeable as set out on the Price list.
Products and Our guidance
Ready made Products
 

1. In the unlikely event that you are not completely satisfied with your Product, subject to the following conditions it can be returned to us up to 14 days after supply.
 

2. Returned goods must be in pristine resalable condition, guaranteed infection free and in their original packaging.
 

3. Soiled, custom manufactured, modified, or obsolete product or goods supplied more than 14 days previously will not be accepted for a refund.
 

4. If a ready-made Product supplied by Us has a manufacturing defect the Product will be replaced or repaired within its warranty period.
 

Custom made Products
1. As they are made individually for each Client, all custom-made products are non-returnable and non-refundable. In the unlikely event of a custom Product not fitting correctly, we will have the product reworked or remade at the Our discretion.
 

2. Custom made Products are guaranteed against manufacturing defects for 12 months from the date of supply for all rigid components. Soft items, such as straps and paddings are guaranteed for 3 months from the date of supply.
 

3. We recommend that Clients break-in their Products gradually over a two-week period. Specific guidance will be provided by Us to each Client.
 

Clinic Rules
We do not permit You to:
1. smoke or make or receive mobile phone calls at the Clinic’s premises; or
 

2. to take film or photographs within the clinic.
Limitation of Liability
 

1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
 

2. We provide or sell all Services to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
 

3. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors) or for fraud or fraudulent misrepresentation;
 

4. Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under (i) the Consumer Rights Act 2015; (ii) the Regulations; (iii) the Consumer Protection Act 1987; or(iv) any other consumer protection
legislation as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
 

Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
 

How We Use Your Personal Information (Data Protection)
1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please contact the clinic.
 

Complaints
1. We always welcome feedback from Our Clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a Client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any other complaint about the Clinic or any of Our staff, please raise the matter with Thomas Woods who can be contacted at the Clinic or by email.
 

Miscellaneous Provisions
1. No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
 

2. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
 

3. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with English and Welsh law.
 

4. As a consumer, you will benefit from any mandatory provisions of English and Welsh law. Nothing in Sub-Clause 12.3 above takes away or reduces your rights as a consumer to rely on those provisions.
 

5. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the English and Welsh courts.