PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE OUR SERVICES.
1.1. This Web Site is intended only for consumers wishing to order Philips sleep diagnostic services (“Services”) in the United Kingdom only. These terms and conditions do not apply to the provision of the Philips sleep therapy service. The terms and conditions under which the Services are offered for sale on this Web Site are set out below. By ticking the “I have read and agree” box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. Philips reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Web Site.
2. Placing Your Order
2.1 To place an order you must be 18 years of age or over, be accessible by telephone and have a valid email address.
2.2 You may place an order by filling in the order form on the Web Site after logging into or creating your personal account, and clicking on the appropriate submission button.
2.3 When you have completed payment, you will be issued with a transaction number from our payment provider. Please note that the issue of a transaction number does not constitute our acceptance of your order.
2.4 By placing an order, you are making an express request to Philips to supply the Services, on these terms and conditions. Philips may or may not accept your offer at our discretion.
2.5 If Philips accepts your order, Philips will notify you of our acceptance by issuing an order confirmation. Philips will send your order confirmation to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If Philips cannot accept your order, Philips will attempt to contact you by email or telephone.
2.6 Following acceptance of your order, Philips will contact you by telephone to arrange delivery and collection dates.
3. Performance of the Services
3.1 Subject to these terms and conditions, Philips will perform the Services indicated on your order confirmation.
3.2 Services are provided in the English language only.
3.3 Services are provided remotely, via our Web Site or by email, based on the analysis of data from diagnostic equipment (“Diagnostic Equipment”), which will be sent and returned by post. The Services do not comprise a physical examination.
3.4 Services are provided using reasonable skill and care in accordance with best clinical practice and all applicable professional standards, from appropriately qualified and experienced staff and healthcare professionals based in the United Kingdom, who are registered with the General Medical Council or other appropriate register.
4. Your Obligations
4.1 Diagnostic Equipment must be returned to Philips on the collection date agreed in accordance with 2.6 above, whereupon Philips will provide the Services. A failure to return the Diagnostic Equipment within this period may result in a charge to cover our reasonable losses.
4.2 You should discuss any advice you receive from us with your GP or usual healthcare professional.
4.3 You will be required to provide us with certain health information and should take care to ensure that all such information is accurate.
4.4 It may be necessary to provide us with access to your healthcare records to enable us to provide the Services.
5.1 All prices are in GBP. Prices shall be those prices published on this Web Site at the time you submit your order. Prices may change at any time, but price changes will not affect any Services that you have already ordered. The prices published on the Web Site are inclusive of VAT and shipping and handling costs. The total price stated on the order form you submit shall be the total amount payable by you for the Services, including all taxes, recycling levies, duties, handling and shipping charges. You will be charged for the Services in full at the time of ordering. No credit is available.
5.2 Payment can be made by credit or debit card or via a PayPal account.
6. Paying for Your Services
6.1 You may pay for your Services by the methods of payment as may be displayed on the payment page of the Web Site.
6.2 You must pay in the currency as indicated on your invoice.
6.3 Philips will not perform the Services, until payment has been authorised by our payment provider. If Philips does not receive such authorisation, Philips shall inform you accordingly.
7. Delivery of Diagnostic Equipment
7.1 Diagnostic Equipment can only be delivered to addresses in the United Kingdom, with the exception of the Isle of Jura and other UK Islands (postcodes starting with KW, PA34, PA35, PA36, PA37, PA38, PA41, PA42, PA43, PA44, PA45, PA46, PA47, PA48, PA49, PA60, PA61, PA62, PA63, PA64, PA65, PA66, PA67, PA68, PA69, PA70, PA71, PA72, PA73, PA74, PA75, PA76, PA77, PA78 and PA80).
We also cannot deliver to customers in Gibraltar, the Channel Islands (postcodes starting with GY and JE), or the Isle of Man (IM).
7.2 Philips will deliver Diagnostic Equipment to the delivery address you have specified on the order form. Any delivery or shipment dates given by Philips are best estimates only and Philips shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given.
7.3 Title to Diagnostic Equipment shall remain with Philips at all times.
7.4 Risk of loss or damage to Diagnostic Equipment will pass to you on delivery and end when safely returned to Philips.
8.1 You may cancel your agreement with us by telephone within 14 days of the day on which you r place an order (“Cancellation Period”).
8.2 We will refund the price paid within 14 days from the day on which we receive your cancellation notice, subject to the following:
8.2.1 you must return the Diagnostic Equipment in accordance with the instructions agreed in accordance with 2.6 above;
8.2.2 where we have provided Services during the Cancellation Period then we may reasonably reduce the amount of any refund in proportion to the Services performed prior to cancellation.
8.2.3 You acknowledge that where the Services have been fully performed, or Diagnostic Equipment is not returned, there is no right of cancellation under this section
9. Philips Liability
9.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the performance of any Services.
9.2 Save as set out at paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on Philips regarding the provision of Services except as expressly stated.
9.3 Any warranty, condition or other term arising out of or in connection with the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Philips will not be responsible for ensuring that the Services are suitable for your purposes.
9.4 Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or that of our healthcare professionals or employees or (ii) for defective products where we are legally responsible for their supply or (iii) for fraud or (iv) any breach of the obligations implied by applicable compulsory national laws as to title or (v) any liability which cannot be excluded by law.
9.5 SUBJECT TO CLAUSE 9.4 PHILIPS WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. PHILIPS MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO PHILIPS IN RESPECT OF THE SERVICES IN QUESTION.
9.6 This does not affect your statutory rights as a consumer, nor your right to cancellation of the Services as per clause 8.
10. Contacting Us
10.1 You can us:
i. by telephone on [0800 652 0303] between 9:00 and 17:30, Mondays to Fridays;
ii. by using the e-mail [philipshomesleeptestingUKI@philips.com]
11. Data Protection and Privacy
11.2 We use a third party to process payments and refunds. We do not store your credit card details.
11.4 We may use your information to:
- Review and enhance the quality of the Services, including monitoring compliance with clinical care standards;
- Comply with regulatory obligations including as required by the General Medical
- Council, Care Quality Commission, or as otherwise required by law of regulation;
- Where you request it or have otherwise consented, provide it to your insurers who may contribute to the cost of the Services;
- Provide information to your GP or other healthcare professional, at your request; or to
- Detect fraud.
11.5 We may use anonymised data for purposes including (without limitation) research.
12. Circumstances Beyond Philips Reasonable Control
12.1 Philips will make every effort to perform Philips’ obligations under the contract. However, Philips cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, Philips will perform our obligations as soon as reasonably possible.
13. Disagreements, Governing Law and Jurisdiction
13.1 Philips will try to solve any disagreements quickly and efficiently. If you have a complaint, please contact.
13.2 We will handle your complaint in an appropriate way, as we are required by the professional rules applying to our healthcare professionals.
13.3 If we have not resolved a disagreement about these terms, or a complaint about our services, either of us can refer the dispute to mediation in accordance with the Centre for Effective Dispute Resolution’s independent mediation scheme for patients at https://www.cedr.com/consumer/healthcare/mediation/introduction .
13.4 If you are not happy with the way Philips deals with any disagreement and you want to take court proceedings, you must do so under English Law and before the English Courts.
13.5 Please note that disputes may also be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
14.1 Philips is registered with and regulated by the Care Quality Commission in order to provide regulated healthcare services.
14.2 Philips may need to amend these terms from time to time.
14.3 These terms are governed by English Law.
14.4 Neither Philips failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
14.5 The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.
14.6 Philips may transfer its rights and obligations under these terms to another organisation, but we will always notify you in writing if this happens, and this will not affect your rights under these terms.
14.7 As the Services are personalised, you may only transfer your rights or your obligations under these terms to another person if we agree.
Version dated 21.03.18