Please read this information. It contains important details if you are purchasing a product or service from La Belle Forme or from any of La Belle Forme's partners, consultants or associates.
TERMS AND CONDITIONS OF PAYMENT
These Terms and Conditions apply to all goods, products and services supplied and/or work done by La Belle Forme ("the Company") and override any terms and conditions referred to by the Customer whether in negotiations or otherwise.
1. DEFINITIONS
"The Goods" means the goods and/or services the subject of the Contract between the Company and the Customer
"The Customer" means the person, firm or company purchasing the Goods.
Each delivery of Goods and items of service shall be deemed to be a separate Contract to which these Terms and Conditions shall apply.
2. TERMS
No stipulation, representation or warranty made or attempted to be made at any time by either party to the Contract or by any person on behalf of such party shall vary, modify or counteract these Terms and Conditions. No variation in these Terms and Conditions shall be valid unless made in writing under the hand of a Company manager or director. In the event that any part or parts of these conditions are held to be invalid such invalidity shall not alter the validity of any other part or parts of the same and each Clause and each sub-clause shall be capable of independent existence.
3. SURGERY BOOKINGS
The Customer may book surgical procedures either at one of the hospitals in which our surgeons work, or at La Belle Forme in Glasgow. The total fee the Customer pays includes a cost for booking the procedure. Changes to the date of the procedure will incur a fee of £50 every time the date of surgery is rescheduled.
4. FEES TAKEN FOR CONSULTATIONS AND OTHER SERVICES AT THE TIME OF BOOKING
The Company reserves the right to take fees at the time of booking a service. These services include consultations and appointments with practitioners, consultants and other persons at La Belle Forme. The fee is a booking fee to attend the consultation and appointment. If the Customer fails to attend an appointment at La Belle Forme the fee is non refundable. The Customer is permitted to change the booking with 48 hours' notice without incurring charges. Cancellation of a booking within 48 hours of the appointment will result in no refund of the booking fee. Cancellation of a booking with more than 48 hours' notice will lead to a partial refund. The Company reserves the right to charge a £10 administration fee in all cases. For the avoidance of doubt, any fee paid at the time of confirming a booking appointment for a consultation or treatment, is referred to as a booking fee.
If a treatment or therapy has been paid for in full in advance of a booking through an external agent, the Customer is permitted to change the booking date with at least 48 hours' notice. If the Customer changes the booking within 48 hours of the booking then no refund will be given but the Customer may still be charged. In such cases, the Customer should contact the agent from whom they purchased the treatment or therapy, if the Customer chooses to dispute this.
5. QUOTATIONS AND PRICES
Any quotation by the Company shall be valid for acceptance for 90 days and if not accepted within this period shall be deemed to be withdrawn.
Quotations / Estimate will not be given for work based on rough Estimate or Definitions. Quotations are based on current Supply of Goods or Production costs and are subject to variation on or after acceptance to meet any recognised rise or fall in such costs.
Prices are calculated on the basis of Supply of Goods or Production costs of average commercial work. Reproductions or Contract Variations involving additional work are charged extra.
VAT shall be paid by the Customer at the rate prevailing at the date of invoice. VAT is not liable for medical treatments.
The Company reserves the rights to sub-contract work and where the quotation given includes an estimate or reserve in respect of the costs of a sub-contractor such estimate or reserve whilst given in good faith is subject to formal confirmation and will not be binding upon the Company unless and until ratified by the sub-contractor.
6. PAYMENT AND ADDITIONAL CHARGES
Payments shall be made at the Company's business address and is due before any treatment or therapy is undertaken or any Goods are received by The Customer. The Company reserves the right to charge and be paid interest on all sums due from the Customer at the rate of 5% above Royal Bank of Scotland Plc base lending rate from the date upon which payment is due until the date upon which it is received. Invoices are payable in full without set-off retention or counterclaim. The Company reserves the right to invoice Goods and Services upon delivery, regardless of whether other Goods or Services remain outstanding or not.
7. DELIVERY DATES
Time for delivery is stated as accurately as possible but is not guaranteed and is subject to extension to cover delays caused by events beyond the Company's control. In no case shall time be the essence of the Contract.
Contracts and deliveries may be suspended in the event of any strike, lock-out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, force majeur or other occurrence preventing or delaying the processing or delivery of the Goods and no responsibility shall be attached to the Company for any delay, default, loss or damage due to any of these causes or for any damage in transit or at the works of the Company or to any other cause beyond the control of the Company whether in respect of contracts or deliveries or the safe custody or articles deposited with the Company.
If the Customer wishes to be protected against the risks specified in this clause The Customer shall inform the Company prior to dispatching of any Goods and shall pay the premium payable on any policy to be affected in consequence.
8. DEFECTS
Every care is taken in the preparation of the Goods but it is the responsibility of the Customer to check them immediately upon receipt to ensure that they comply with the Customer's instructions in every respect.
No responsibility will be accepted for errors in Production passed by the Customer. If the Customer alleges that the Goods do not conform to the Customer's order whether as to content quality or quantity it shall notify the company within twenty four hours of delivery by letter of such allegation and the failure to make such notification shall be deemed to be conclusive evidence of the conformity of the Goods to the Customer's order in every respect.
The Company's liability for defects in the goods shall be limited to the replacement by the Company of the goods at no cost to the Customer, PROVIDED THAT such defect is notified in accordance with clause 6(a) and clause 6(b) hereof. The Company shall not be liable for consequential loss or damage of whatever nature arising out of such defects.
6a. In any event the liability of the Company for defects in the Goods shall be limited to a sum equivalent to the invoice price of the goods in respect of which any claim is made against the Company.
6b. In the event of the Company requiring increased cover against the risk of any loss in excess of the limitations of liability contained herein or cover against consequential loss or damage, the Company will be pleased to submit a revised price for the goods provided that the Customer's requirement is indicated in writing on or before the date of the Contract. Should delivery of the goods be required in less than the normal time requisite for their proper production, every effort will be made to secure freedom from defects but reasonable allowance shall be made by the Customer in such cases.
9. RETURNS AND REFUNDS
If the Customer orders a product to be delivered by postage and the item is not the intended item, the Customer will return the product to La Belle Forme within 28 days. This does not affect the Customers consumer rights. Returned products are required to be in brand-new condition and include the original, undamaged packaging with all packaging materials, including inserts, boxes, and the blank warranty cards where appropriate. If The Company finds that the products have not been returned in fully resaleable condition, the Company reserves the right to refuse a refund or deduct up to £10 or 25% (whichever is greater) of the original selling price from the refund amount. If any products are defective the Customer may return the products within 28 days of delivery for a refund, repair or replacement. Any offer to replace products does not apply to damage caused by accident, neglect, misuse, dropping, or damage resulting from inappropriate exposure to any kind of destructive or abrasive environments. Products returned after 28 days will not be liable for a refund or replacement. Products cannot be returned because the Customer has decided they do not wish to have the product any longer. Refunds will be given using the same form of payment that was received. A till recepit is required for all refunds and no refunds will be given without a till receipt from the Company.
10. TREATMENT AND THERAPY COURSES
If a treatment or therapy is part underway during a course of treatment or therapy that has been pre-purchased, then no refund will be given for failure to attend to complete the course of treatment. All prepaid treatments must be completed within a six month period from the time of the first such treatment. Failure to attend appointments without 48 hours' notice of cancellation will result in no refund either in whole or in part for the failure to attend. The Customer agrees there will be no refund or right to rebook a treatment or therapy if the Customer fails to attend an appointment during a course of treatment.
11. RISK AND TITLE
The risk in the goods shall pass to the Buyer upon delivery. Where the goods are collected by or on behalf of the Buyer or its agents from the premises of the Seller, the risk shall pass to the Buyer at the time the goods are handed over to the Buyer or its agents.
The property in the goods shall not pass to the Purchaser until they have been paid for in full. If nevertheless, the Buyer sells the goods before they have been paid for in full, he shall hold the proceeds of such sale (or, where he has made partial payment to the Seller for the goods, such of the proceeds as are equal to the sum remaining due from him to the Seller for the goods) on trust for the Seller.
12. USE OF THE WEBSITE
You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else´s use and enjoyment of the website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the website. The Company gives no warranty or representation as to the accuracy, suitability or reliability of the information and content of this Website for any purpose, which information and content is provided on an "as is" basis.
The Company does not warrant that functions contained in the website content will be uninterrupted or error free, that defects will be corrected, or that the Company or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
Any information we receive from you will be dealt with in accordance with our Privacy Policy.
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Goods description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you.
La Belle Forme has not reviewed and has no control over the content of any other website. The Company does not endorse, recommend, adopt or necessarily agree with any information on any other website, or the persons or entities controlling any other website. You may not, without the Company´s prior written consent: copy or use any Information on your website; or represent that the Company endorses your website, company, or its Goods or services.
Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
13. PRIVACY AND SECURITY
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on our website, and that you will not permit any other person to do so.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations are: (a) accessing data unlawfully or without consent; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (e) taking any action in order to obtain Goods to which you are not entitled.
You agree to indemnify us against any claim or demand, including reasonable lawyers fees, made by any third party due to or arising out of: (a) any violation of system security as set out above; (b) your use of our website; (c) any other breach or violation of this agreement by you; (d) the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
14. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use this material only as expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.
You acknowledge and agree that the material and content contained within this website is made available for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge 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.
15. CLAIMS
Any claim must be made within twenty-four hours of delivery beyond which period no claim can be entertained.
16. LAW OF THE JURISDICTION
The Contract shall be governed by Scottish Law and by the jurisdiction of the Scottish Courts.
These Terms and Conditions apply to all goods, products and services supplied and/or work done by La Belle Forme ("the Company") and override any terms and conditions referred to by the Customer whether in negotiations or otherwise.
1. DEFINITIONS
"The Goods" means the goods and/or services the subject of the Contract between the Company and the Customer
"The Customer" means the person, firm or company purchasing the Goods.
Each delivery of Goods and items of service shall be deemed to be a separate Contract to which these Terms and Conditions shall apply.
2. TERMS
No stipulation, representation or warranty made or attempted to be made at any time by either party to the Contract or by any person on behalf of such party shall vary, modify or counteract these Terms and Conditions. No variation in these Terms and Conditions shall be valid unless made in writing under the hand of a Company manager or director. In the event that any part or parts of these conditions are held to be invalid such invalidity shall not alter the validity of any other part or parts of the same and each Clause and each sub-clause shall be capable of independent existence.
3. SURGERY BOOKINGS
The Customer may book surgical procedures either at one of the hospitals in which our surgeons work, or at La Belle Forme in Glasgow. The total fee the Customer pays includes a cost for booking the procedure. Changes to the date of the procedure will incur a fee of £50 every time the date of surgery is rescheduled.
4. FEES TAKEN FOR CONSULTATIONS AND OTHER SERVICES AT THE TIME OF BOOKING
The Company reserves the right to take fees at the time of booking a service. These services include consultations and appointments with practitioners, consultants and other persons at La Belle Forme. The fee is a booking fee to attend the consultation and appointment. If the Customer fails to attend an appointment at La Belle Forme the fee is non refundable. The Customer is permitted to change the booking with 48 hours' notice without incurring charges. Cancellation of a booking within 48 hours of the appointment will result in no refund of the booking fee. Cancellation of a booking with more than 48 hours' notice will lead to a partial refund. The Company reserves the right to charge a £10 administration fee in all cases. For the avoidance of doubt, any fee paid at the time of confirming a booking appointment for a consultation or treatment, is referred to as a booking fee.
If a treatment or therapy has been paid for in full in advance of a booking through an external agent, the Customer is permitted to change the booking date with at least 48 hours' notice. If the Customer changes the booking within 48 hours of the booking then no refund will be given but the Customer may still be charged. In such cases, the Customer should contact the agent from whom they purchased the treatment or therapy, if the Customer chooses to dispute this.
5. QUOTATIONS AND PRICES
Any quotation by the Company shall be valid for acceptance for 90 days and if not accepted within this period shall be deemed to be withdrawn.
Quotations / Estimate will not be given for work based on rough Estimate or Definitions. Quotations are based on current Supply of Goods or Production costs and are subject to variation on or after acceptance to meet any recognised rise or fall in such costs.
Prices are calculated on the basis of Supply of Goods or Production costs of average commercial work. Reproductions or Contract Variations involving additional work are charged extra.
VAT shall be paid by the Customer at the rate prevailing at the date of invoice. VAT is not liable for medical treatments.
The Company reserves the rights to sub-contract work and where the quotation given includes an estimate or reserve in respect of the costs of a sub-contractor such estimate or reserve whilst given in good faith is subject to formal confirmation and will not be binding upon the Company unless and until ratified by the sub-contractor.
6. PAYMENT AND ADDITIONAL CHARGES
Payments shall be made at the Company's business address and is due before any treatment or therapy is undertaken or any Goods are received by The Customer. The Company reserves the right to charge and be paid interest on all sums due from the Customer at the rate of 5% above Royal Bank of Scotland Plc base lending rate from the date upon which payment is due until the date upon which it is received. Invoices are payable in full without set-off retention or counterclaim. The Company reserves the right to invoice Goods and Services upon delivery, regardless of whether other Goods or Services remain outstanding or not.
7. DELIVERY DATES
Time for delivery is stated as accurately as possible but is not guaranteed and is subject to extension to cover delays caused by events beyond the Company's control. In no case shall time be the essence of the Contract.
Contracts and deliveries may be suspended in the event of any strike, lock-out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, force majeur or other occurrence preventing or delaying the processing or delivery of the Goods and no responsibility shall be attached to the Company for any delay, default, loss or damage due to any of these causes or for any damage in transit or at the works of the Company or to any other cause beyond the control of the Company whether in respect of contracts or deliveries or the safe custody or articles deposited with the Company.
If the Customer wishes to be protected against the risks specified in this clause The Customer shall inform the Company prior to dispatching of any Goods and shall pay the premium payable on any policy to be affected in consequence.
8. DEFECTS
Every care is taken in the preparation of the Goods but it is the responsibility of the Customer to check them immediately upon receipt to ensure that they comply with the Customer's instructions in every respect.
No responsibility will be accepted for errors in Production passed by the Customer. If the Customer alleges that the Goods do not conform to the Customer's order whether as to content quality or quantity it shall notify the company within twenty four hours of delivery by letter of such allegation and the failure to make such notification shall be deemed to be conclusive evidence of the conformity of the Goods to the Customer's order in every respect.
The Company's liability for defects in the goods shall be limited to the replacement by the Company of the goods at no cost to the Customer, PROVIDED THAT such defect is notified in accordance with clause 6(a) and clause 6(b) hereof. The Company shall not be liable for consequential loss or damage of whatever nature arising out of such defects.
6a. In any event the liability of the Company for defects in the Goods shall be limited to a sum equivalent to the invoice price of the goods in respect of which any claim is made against the Company.
6b. In the event of the Company requiring increased cover against the risk of any loss in excess of the limitations of liability contained herein or cover against consequential loss or damage, the Company will be pleased to submit a revised price for the goods provided that the Customer's requirement is indicated in writing on or before the date of the Contract. Should delivery of the goods be required in less than the normal time requisite for their proper production, every effort will be made to secure freedom from defects but reasonable allowance shall be made by the Customer in such cases.
9. RETURNS AND REFUNDS
If the Customer orders a product to be delivered by postage and the item is not the intended item, the Customer will return the product to La Belle Forme within 28 days. This does not affect the Customers consumer rights. Returned products are required to be in brand-new condition and include the original, undamaged packaging with all packaging materials, including inserts, boxes, and the blank warranty cards where appropriate. If The Company finds that the products have not been returned in fully resaleable condition, the Company reserves the right to refuse a refund or deduct up to £10 or 25% (whichever is greater) of the original selling price from the refund amount. If any products are defective the Customer may return the products within 28 days of delivery for a refund, repair or replacement. Any offer to replace products does not apply to damage caused by accident, neglect, misuse, dropping, or damage resulting from inappropriate exposure to any kind of destructive or abrasive environments. Products returned after 28 days will not be liable for a refund or replacement. Products cannot be returned because the Customer has decided they do not wish to have the product any longer. Refunds will be given using the same form of payment that was received. A till recepit is required for all refunds and no refunds will be given without a till receipt from the Company.
10. TREATMENT AND THERAPY COURSES
If a treatment or therapy is part underway during a course of treatment or therapy that has been pre-purchased, then no refund will be given for failure to attend to complete the course of treatment. All prepaid treatments must be completed within a six month period from the time of the first such treatment. Failure to attend appointments without 48 hours' notice of cancellation will result in no refund either in whole or in part for the failure to attend. The Customer agrees there will be no refund or right to rebook a treatment or therapy if the Customer fails to attend an appointment during a course of treatment.
11. RISK AND TITLE
The risk in the goods shall pass to the Buyer upon delivery. Where the goods are collected by or on behalf of the Buyer or its agents from the premises of the Seller, the risk shall pass to the Buyer at the time the goods are handed over to the Buyer or its agents.
The property in the goods shall not pass to the Purchaser until they have been paid for in full. If nevertheless, the Buyer sells the goods before they have been paid for in full, he shall hold the proceeds of such sale (or, where he has made partial payment to the Seller for the goods, such of the proceeds as are equal to the sum remaining due from him to the Seller for the goods) on trust for the Seller.
12. USE OF THE WEBSITE
You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else´s use and enjoyment of the website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the website. The Company gives no warranty or representation as to the accuracy, suitability or reliability of the information and content of this Website for any purpose, which information and content is provided on an "as is" basis.
The Company does not warrant that functions contained in the website content will be uninterrupted or error free, that defects will be corrected, or that the Company or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
Any information we receive from you will be dealt with in accordance with our Privacy Policy.
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Goods description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you.
La Belle Forme has not reviewed and has no control over the content of any other website. The Company does not endorse, recommend, adopt or necessarily agree with any information on any other website, or the persons or entities controlling any other website. You may not, without the Company´s prior written consent: copy or use any Information on your website; or represent that the Company endorses your website, company, or its Goods or services.
Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
13. PRIVACY AND SECURITY
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on our website, and that you will not permit any other person to do so.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations are: (a) accessing data unlawfully or without consent; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (e) taking any action in order to obtain Goods to which you are not entitled.
You agree to indemnify us against any claim or demand, including reasonable lawyers fees, made by any third party due to or arising out of: (a) any violation of system security as set out above; (b) your use of our website; (c) any other breach or violation of this agreement by you; (d) the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
14. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors (as appropriate). You are permitted to use this material only as expressly authorised by us or our licensors (as appropriate). The content of this website (including without limitation any text, video, audio, audio-visual materials and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.
You acknowledge and agree that the material and content contained within this website is made available for your own personal and non-commercial use and that you may only download such material and content for the purpose of using this website. You further acknowledge 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.
15. CLAIMS
Any claim must be made within twenty-four hours of delivery beyond which period no claim can be entertained.
16. LAW OF THE JURISDICTION
The Contract shall be governed by Scottish Law and by the jurisdiction of the Scottish Courts.