1. These terms
1.1 These are the terms and conditions on which we supply our product, LogicSock, to you. For the avoidance of any doubt the phrase “ product” specifically refers to “LogicSock” only.
Please read these terms carefully before you submit your order to us. 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.
2. Information about us and how to contact us
2.1 We are Sisan Limited a company registered in England and Wales. Our company registration number is 09383512 and our registered office is at 6 Leconfield House, London, UK SE5 8AY
2.2 You can contact us by telephoning our customer service team at +44 7921 827571 or by writing to us at firstname.lastname@example.org
2.3 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.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 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.
3.2 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 could not reasonably plan for or 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.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our product
4.1 The images of the product 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. Although we have made every effort to be as accurate as possible, because our products are specially made, all sizes, weights, capacities, dimensions and measurements indicated on our website have a small percentage tolerance.
4.2 The packaging of the product may vary from that shown in images on our website.
4.3 If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
5. Your rights to make changes
Given the medical nature of the product it will not be possible for you to make any physical changes to it. Should you do so we cannot be held liable for any personal injury, loss or death arising from any alteration you make.
6. Our rights to make changes
6.1 We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 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 before the changes take effect and receive a refund for any products paid for but not received:
7. Providing the product
7.1 The costs of delivery will be as displayed to you on our website.
7.2 We aim to dispatch our product within 48 hours of the contract coming into existence. We aim to ensure that all deliveries within Poland will take no longer than 5 working days. For deliveries to the EU we aim to ensure that this will take no longer than 10 working days.
7.3 If our supply of the product is delayed by an 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.
7.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not collect the products after a failed delivery to you, 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 10.2 will apply.
7.6 You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods 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 goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.]
7.7 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, 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 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 goods or reject goods that have been delivered. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay the costs of postage or collection. Please contact customer services by email at email@example.com for a return label or to arrange collection.
7.9 The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.10 You own a product which is goods once we have received payment in full.
7.11 We may need certain information from you so that we can supply the product to you, for example, size. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
In the event of suspension, we will not charge you until the product is ready to be sent.
8. Your rights to end the contract
8.1 Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If the product is faulty is faulty or mis described (subject to the limitations outlined at clause 4.1) you may have a legal right to end the contract (or to get the product replaced or a refund), see clause 11;
(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 8.2 post;
8.2 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. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (subject to limitations in clause 6.2);
(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) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong [(including because we have delivered late (see clause 7.8)].
8.3 For most products bought online you have a legal right under Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund. However, because this is a medical product it is an exemption to these regulations and therefore there is no “cooling off” period and neither do you have a right to cancel simply because you have changed your mind. For the avoidance of any doubt, in these circumstances there will be no refund.
9. How to end the contract with us
9.1 To end the contract with us, please let us know by doing one of the following:
(a) By email. To firstname.lastname@example.org . Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at Zablocinska 2/29 01-697 Warszawa Polska including details of when you ordered or received the product and your name and address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to ,or post them back to us at Osiedlowa 1/17 Lomianka 05-092 Polska. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(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.
9.3 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, provided always that the contract has been cancelled in strict accordance with the grounds set out at section 8 ante of these terms.
9.4 We will make any refunds due to you as soon as possible.
10. Our rights to end the contract
10.1 We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product, for example, [the size and quantity required];
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for product we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com we will use our best endeavours to respond within 48 hours.
11.2 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your statutory legal rights.
11.3 If you wish to exercise your legal rights to reject products and strictly on the grounds cited ante; you must either return them in person or post them back to us. We will pay the costs of postage.
12. Price and payment
12.1 The price of the product (which includes postal charges) will be the price indicated on the order page on the website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
12.2 We accept payment with most credit and debit cards and Paypal. Payment must be made before dispatch, but payment will only be taken by us if there is sufficient stock available for immediate dispatch.
12.3 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.1 As with all medical products we cannot guarantee that our product LogicSock will be effective in the treatment and or rehabilitation of flat feet even if used and maintained in strict accordance with the instructions. Please see all sections on the Frequently Asked Questions page of the website at https://www.logicsock.com/faq
13.2 In particular your attention is drawn to the fact that our product must never be used by you if you suffer from the any of the medical conditions outlined at section 7 of the Frequently Asked Questions section of our website at https://www.logicsock.com/faq
13.3 Please note that we do not accept any liability for any personal injury or death arising in circumstances where the product is used by persons suffering from any of the prescribed conditions stated at section 7 of the Frequently Asked Questions section of our website at https://www.logicsock.com/faq
14. Our responsibility for loss or damage suffered by you
14.1 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 do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product [as summarised at clause 11.2 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
14.3 We only supply the product for domestic and private use. If you use the product 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, death or personal injury.
15. How we may use your personal information
16. Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR 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 of 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided].
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing beforehand.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].
16.4 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.
16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland 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 English courts.
16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.