Terms And Conditions

Legal

Foot Physics is a trading name of Christopher G Parish & Associates Ltd

The information provided in this website is not intended to be a substitute for medical attention, diagnosis or treatment. The material is provided for information purposes alone. Visitors should not exclusively rely on answers provided in this website. Specific questions should be directed to your own health care provider.

All Diabetic, Rheumatoid arthritic patients and other patients with poor circulation should consult a State Registered Chiropodist/ HPC Registered Podiatrist or a general practitioner before commencing self treatment.

The FootPhysics Discussion Forum contents reflect the views of individual participants only. FootPhysics.co.uk and its owner organizations bear no responsibility for accuracy of participant comments and will bear no legal liability for discussion results. FootPhysics reserves the right to remove any posts or ban any individuals from the Discussion Forum.

The information in these pages is based on current practices in the United Kingdom. The information may not be in line with health policies in other countries.

Christopher G Parish & Associates Ltd (trading as Foot Physics) makes no claims, expressed or implied as to the accuracy and timeliness of any advice, services, or other information referenced in the website. Additionally, Christopher G Parish & Associates Ltd (trading as Foot Physics) is not obligated to follow-up or contact visitors to this site, nor is it liable in any manner for the decisions of visitors whose actions are based on information found in this website.

Thank you for visiting the FootPhysics.co.uk Website (the “Site”). Please carefully read the following Terms of Use before using the FootPhysics.co.uk Web site. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not use this Site. These Terms of Use expressly incorporate by reference and include the FootPhysics.co.uk privacy policy and any guidelines, rules or disclaimers that may be posted and updated on specific FootPhysics.co.uk Web pages or on any notices that are sent to you. FootPhysics.co.uk reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.

Electronic Communications and Opt-Out Notice

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

When you provide us with an e-mail address or other contact information via the Site, we may use the information to occasionally notify you about special FootPhysics.co.uk sales or services and other valuable updates to personalize your FootPhysics.co.uk shopping transactions. If you prefer that we not contact you in this manner, we will promptly remove you from our e-mail address list at your request.

Disclaimer for Health Content Pages

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the Site, such as text, graphics, images, information obtained from FootPhysics’s licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Site describes general principles of lower body healthcare that should not in any event be construed as specific instructions for individual consumers. The Content is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis or treatment. This healthcare content is for reference only and should not be used to determine treatment for specific medical conditions only a healthcare provider can do that. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by FootPhysics.co.uk, FootPhysics.co.uk employees or others appearing on the Site at the invitation of FootPhysics.co.uk is solely at your own risk.

You should discuss the information provided with a podiatrist, physician or other licensed healthcare professional, and make sure to read any product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, support, brace, compression hosiery, shoes intended for use by diabetics, skincare product, herb, vitamin or supplement discussed on this site.

Proper treatment of lower body health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medications you may be taking. Your healthcare provider can best assess and address your individual healthcare needs.

Copyright and Trademarks

All content included on the Site, including, without limitation, text, graphics, logos, icons, images, audio clips and video, is the property of FootPhysics.co.uk or its content suppliers and protected by U.K. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for non-commercial use for the sole purpose of placing an order with FootPhysics.co.uk or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of FootPhysics.co.uk is strictly prohibited.

All trademarks, logos, service marks and trade names are proprietary to FootPhysics.co.uk or other respective owners that have granted FootPhysics.co.uk the right and license to use such intellectual property.

Product Descriptions

We attempt to be as accurate as possible on this Site. However, we do not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in an unused condition.

Disclaimer of Warranties

THE FOOTPHYSICS.CO.UK WEB SITE AND ALL CONTENT IS PROVIDED “AS IS.” EXCEPT AS OTHERWISE STATED HEREIN, BENCHMARK BRANDS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED OR PRODUCTS OFFERED THROUGH THE SITE.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold Christopher G Parish & Associates Ltd (trading as Foot Physics) and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claim, demand, liability or cost incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms of Use or otherwise arising from your use of the site, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defence of any claim. FootPhysics.co.uk reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Privacy Policy

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) and according to the Which? Web Trader Code of Practice. By purchasing from this site you accept that FootPhysics may send you relevant marketing material from time to time. You will have the opportunity to unsubscribe if you do not want to continue to receive this marketing material after the first email/communication. We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We do not disclose buyer’s information to third parties. The type of information we will collect about you includes your name, address, phone numbers and email address. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code. Cookies are used on this site, but only to keep track patterns of behaviour and to maintain the contents of your shopping cart.

Links to Third Party Sites

The Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of FootPhysics.co.uk. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorisation, or sponsorship of that site or its content. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, including the weekly circular ads available online, and you hereby irrevocably waive any claim against us with respect to such sites.

Applicable Law

We control the Site from our offices within the United Kingdom. We make no representation that the content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.K. export laws and regulations. Any claim relating to the Site, the products provided through the Site or the Content shall be governed by the internal laws of the UK, without reference to its choice of law provisions.

Termination

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Miscellaneous

These Terms of Use (taken together with any purchase order submitted by you) constitute the entire agreement between you and FootPhysics.co.uk and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Terms and Conditions

This website is operated by Christopher G Parish & Associates Ltd (trading as Foot Physics) (referred to as “we/our/us”). As a user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below. Please read through these terms and conditions carefully before using this website and print a copy for future reference.

1. General

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website

2. Order process

2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement by email detailing the products you have ordered. Please note that this email does not constitute an order confirmation or order acceptance from Christopher G Parish & Associates Ltd (trading as Foot Physics).

2.3 Acceptance of your order and completion of the contract between you and Christopher G Parish & Associates Ltd (trading as Foot Physics) will take place on dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it.

3. Delivery

3.1 Please allow up to 28 days for delivery. We make every effort to deliver goods well within this timescale; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales. If we anticipate any delivery taking longer than expected we will endeavour to notify you by email.

3.2 For each order placed for delivery in the UK we charge £2.50 for postage & packing for up to £40 in value. Above £40, we send the goods by recorded delivery and the charge is £4.00. We reserve the right to alter this postage and packing charge without prior notice in case of increase in costs to us by our delivery service.

3.3 For delivery outside the United Kingdom please e-mail us for a quotation of charges which vary according to destination.

3.4 Responsibility for loss and damage of products passes to you on receipt of delivery.

4. Payment

4.1 We take payment from your credit/debit card at the time we receive your order. Goods are subject to availability. In the unlikely event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

4.2 Payment is made securely using Paypal or the Sage Pay service, which is a specialist secure on-line payments processing division a division of Sage (UK) Limited (company registration number 01045967) whose registered office address is at North Park, Newcastle upon Tyne, NE13 9AA. We undertake not to take or retain any details of your credit cards at any time during your use of this website.

4.3 Title to any goods you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

4.4 All prices shown include VAT (where applicable) at the appropriate current rates but exclude postage and packing charges.

5. Returns, Cancellations and Substitutions

5.1 In the unlikely event that you receive faulty or damaged goods, we must be notified within 48 hours. Returns should be made to Christopher G Parish & Associates Ltd (trading as Foot Physics), 9 Baring-Gould Way, Horbury, Wakefield, WF4 5HX.

5.2 You may cancel your order in accordance with your rights under the Distance Selling Regulations. Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on this website within 7 days of receipt of goods, for a refund (excluding carriage charges – see below). To cancel, you can contact us within seven days of delivery of your items, quoting full details. You must take reasonable care of the items and must not use them. All goods must be returned unopened and in ‘as new’ condition. We unconditionally reserve the right to deny refund if the goods are not returned in ‘as new’ condition. If your goods have not been dispatched, we will arrange for a refund to the card you used to purchase the goods. If your order has been dispatched, you will be charged for the cost of carriage on the original delivery.

5.3 We do try to make sure that all measurements quoted on this site are as accurate as possible but, there may be some slight variance owing to inaccuracies of information supplied by our suppliers.

6. Intellectual Property

6.1 You acknowledge and agree that all copyright, trademarks 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. You are permitted to use this material only as expressly authorised by us.

6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only 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.

7. Liability and Indemnity

7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

7.2 Subject to Section 7.1 above, Christopher G Parish & Associates Ltd (trading as Foot Physics) will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely 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 website Christopher G Parish & Associates Ltd (trading as Foot Physics) will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Christopher G Parish & Associates Ltd (trading as Foot Physics) accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

7.4 Subject to Section 7.1 above, Christopher G Parish & Associates Ltd (trading as Foot Physics) will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

7.5 Notwithstanding the above, subject to Section 7.1 Christopher G Parish & Associates Ltd (trading as Foot Physics) aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

7.8 No warranty, guarantee or condition express or implied (by common law statute or otherwise) as to quality or fitness for any purpose shall apply to any sale of our goods and we shall not be liable for any consequential loss or damage of any description, whether caused by the negligence of our servants or agents or otherwise. We will at our option make good or replace at our works without charge to you any goods which are in our opinion defective, provided that any claim is made to us in writing within fourteen days after delivery of the goods to you and, on our request, the goods must be forwarded, in the same condition as delivered, carriage paid, to our works.

8. Miscellaneous Provisions

8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

8.2 We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.

8.3 Christopher G Parish & Associates Ltd (trading as Foot Physics) shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond its reasonable control.

8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these 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 advertising, content, products, goods or other materials or services available on such external websites or resources.

8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Christopher G Parish & Associates Ltd (trading as Foot Physics).

8.6 Christopher G Parish & Associates Ltd (trading as Foot Physics) reserves the right to transfer, assign, notate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:

a) Christopher G Parish & Associates Ltd (trading as Foot Physics) (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) Christopher G Parish & Associates Ltd (trading as Foot Physics) shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

8.9 No delay or failure by Christopher G Parish & Associates Ltd (trading as Foot Physics) to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Christopher G Parish & Associates Ltd (trading as Foot Physics).

8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Christopher G Parish & Associates Ltd (trading as Foot Physics) relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Christopher G Parish & Associates Ltd (trading as Foot Physics) for your use of this website.

The FootPhysics website is owned and operated by:

Christopher G Parish & Associates Limited

9 Baring-Gould Way
Horbury
Wakefield
WF4 5HX
UK

E-mail: info@footphysics.co.uk

Christopher G Parish & Associates Ltd (trading as Foot Physics) is a company registered in England and Wales with company number 6779485 Registered address: 9 Baring-Gould Way, Horbury, Wakefield, WF4 5HX, UK

 

We recommend you print out a copy of these terms and conditions for your future reference. If you have any questions regarding the Foot Physics website please contact info@footphysics.co.uk for further information.