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Conditions of Use

Welcome to the phytoclinic.com website terms and conditions for use.

This web site is for informational purposes only, and is not intended to be a substitute for a professional medical diagnosis or opinion, or a suggested course of treatment. Please see your doctor for a professional medical opinion.

These terms and conditions apply to the use of all the websites of The Phytoclinic (Phytoclinic.com, Phytoclinic.co.uk, ukdietclinic.com, set-point-diet.com, londonskinclinic.com, allergy-clinic.org, claudialouch.com; harleystreetnutritionclinic.com, harleystreetdietclinic.com, naturaldermatologyclinic.com, londonskinclinic.com, directlabtests.com) and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below.

If you do not agree to be bound by these terms and conditions you may not use or access this website. Before you place an order, if you have any questions relating to these terms and conditions please contact us in writing at the address below.

DEFINITIONS

"Conditions" means these terms and conditions and the "Special Conditions"; "Online Sales" means sales conducted through the Website; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "User Information" means the details provided by you on registration; "We/us" means Phytoclinic; "Website" means the website located at Phytoclinic.com, Phytoclinic.co.uk, ukdietclinic.com, set-point-diet.com, londonskinclinic.com, allergy-clinic.org, claudialouch.com; harleystreetnutritionclinic.com, harleystreetdietclinic.com, naturaldermatologyclinic.com, londonskinclinic.com, directlabtests.com, or any subsequent URL which may replace it; "United Kingdom" means England, Wales, Scotland and Northern Ireland and "You" means a user of the Website.

USE OF THE WEBSITE

ACCESS

We will provide you with access to the Website and the Online Sales in accordance with the Conditions.

PURCHASE

You warrant that: You are over the age of 18 and that the User Information, which you are required to provide, is accurate and true to your knowledge. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

INDEMNITY

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your User Information.

OUR RIGHTS

We reserve the right to:
modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

THIRD PARTY LINKS

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external sites or resources.

PURCHASE OF PRODUCTS

ORDERS

All orders are subject to acceptance in accordance with our Order Acceptance Policy and availability. If the Product you have ordered is not available from stock you will be contacted by e-mail and you will have the option either to wait until the item is available from stock or to cancel your order in accordance with our Cancellation Policy.

We will take all reasonable care, in so far as it is in our 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.

DESCRIPTION OF PRODUCTS

Each Product purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Product including, without limitation terms and conditions concerning estimated delivery times and warranty. All details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was inputted. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order.

PAYMENT

All prices are inclusive of VAT at the current rates and are correct at the time of entering information. The total cost of your order is the price of the Products ordered plus Shipping Charges. You will receive an electronic confirmation of our receipt of your order via e-mail. Payment can be made by any of the specified Payment Methods. Payment will be debited and cleared from your account before the despatch of your Product. You confirm that the credit/debit card that is being used is yours.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We do not store any details of your credit card nor do we have access to any information on the authorisation process of your credit card, the only information we are told by our credit card processors (EMS / Secure Trading) is whether your Credit Card was Authorised or Failed.

REFUSAL OF TRANSACTION

We reserve the right to withdraw any Products from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from the Website whether or not that Product has been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

The eligibility to purchase Products on the Website is limited to those parties who satisfy our Eligibility Criteria.

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

GENERAL

INTELLECTUAL PROPERTY AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. 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.

NON-CONFIDENTIALITY

It is expressly understood and agreed that there is no expectation of privacy regarding questions that may be submitted. Phytoclinic reserves the right not to answer any questions submitted by email, for any reason or no reason whatsoever. Again, if you suspect you need medical treatment, please see a qualified health care professional.

COMPLIANCE WITH LAWS

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

LIMITATION OF LIABILITY

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, 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, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses; in any case whether or not such losses were within the contemplation of the parties at the date of the Conditions, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

You agree to indemnify, defend and hold harmless Phytoclinic and its officers, directors, employees, agents, information providers and supplies and web site designers and maintainers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of this agreement.

No Liability for Website Designers. In the event that this web site is designed, updated or maintained by a web site designer or company, said web site designer(s) or company shall have no responsibility or liability for the information contained on this web site, or any functionality, warranties or promises as may in any event be deemed to exist with regard to this web site.

The information and opinions of The Phytoclinic contained on this web site are provided without express or implied warranties of any kind. By your use of this web site, you expressly agree to all of the following additional terms and conditions:

This web site is for informational purposes only.

This web site is not intended as a diagnostic tool, professional medical advice regarding diagnosis or treatment, or a substitute for a professional medical diagnosis, opinion or suggested course of treatment by a qualified health care professional. Nor is it to be relied upon with regard to diagnosis or treatment. We assume no responsibility for what you do with the information contained on this web site. Medical problems, particularly those of a serious nature, should be treated by a doctor in person. Please see your doctor for a professional diagnosis and treatment for any medical conditions you may have.

No Claim of Accuracy or Completeness.

We make no promises or warranties regarding the accuracy or completeness of any information contained in this web site and/or any pages accessible from this web site, nor do we make any promise or warranty to maintain or update this information.

No Warranties of Suitability for Use. We make no express or implied warranties regarding the accuracy, currency, completeness or suitability for any purpose of any information contained on this web site.

Assumption of Risk of Use. Any person using this web site assumes the risk of verifying any materials contained herein, as well as the risk of use and/or reliance on such information. The Phytoclinic shall not be liable for any damages for viewing, distributing, copying and/or relying upon these materials, including any indirect, special, incidental or consequential damages, even if advised of the possibility of such damages.

WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. You agree that neither Phytoclinic nor its officers, directors, agents, information providers or suppliers or web site designers and web site maintainers shall have any liability to you under any theory of liability or indemnity in connection with your use of this web site. You hereby release and forever waive any and all claims you may have against The Phytoclinic, its officers, directors, agents, information providers or suppliers or web site designers and maintainers (including but not limited to claims based upon the negligence of The Phytoclinic, its officers, directors, agents, information providers or suppliers or web site designers and maintainers) for losses or damages you sustain in connection with your use of this web site.

SURVIVAL

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

ENTIRE AGREEMENT

We intend that these Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what The Phytoclinic and you the customer is expected to do.

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of the Conditions and you agree that, save as set out below, you shall have no remedy in respect of any misrepresentation.

Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

LAW

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

CONTACT: The Phytoclinic, 42 Brook Street, London, W1K 5DB

At Phytoclinic we are committed to communicating with the most important people in our business, our customers.

If you have any questions, please contact us in writing.

Letting us know if you're dissatisfied....

If you consider that an issue has not been resolved to your satisfaction we would encourage you to let us know. You should contact us by emailing info@phytoclinic.com