Terms and Conditions
Terms & Conditions
These terms and conditions (‘Terms’) set out the terms on which we provide products and services. You should read these terms carefully before placing an order, as they may have changed since you last reviewed them.
By placing an order for any of our products or services you are entering into a contract with us (the ‘Contract’) and confirm that you have read and agree to be legally bound by these Terms.
1. About us
1.1. Our products and services are provided by Slim At Home Limited, trading as The Slimming Clinic (‘we’ or ‘us’ or ‘our’). We are registered in England and Wales with company number 14525999. Our registered address is C/O Xeinadin First Floor Secure House, Lulworth Close, Chandler's Ford, United Kingdom, SO53 3TL
1.2. We are registered with and regulated by the Care Quality Commission (‘CQC’), the independent regulator of health and social care in England. All our clinicians are registered with and regulated by the relevant UK regulator, including (but not limited to) the General Medical Council and the General Pharmaceutical Council (‘GPhC’) or NMC (Nursing and Midwifery Council).We use our own pharmacy to dispense most of our medication. This is registered with the GPhC. If we use external pharmacies, these are also registered with the GPhC to carry out dispensing on our behalf.
2. About our services and website
2.1. We offer consultations and doctor led advice and personal weight loss programmes, dietitian advice, the provision of advice and information on our website, the supply of tests, devices and health supplements and, where appropriate following clinical assessment, the prescription and dispensing of prescription-only medicines or referral for other treatments and procedures ('Services').
2.2. You can find everything you need to know about us and our Services on our website www.theslimmingclinic.com (‘Website’), by emailing us at info@theslimmingclinic.com, or by speaking to one of our team on 0800 9179334. We will also confirm key information to you in writing after you place any order or request, by email and, where applicable, in your online account.
2.3. To set up your online account on the Website and benefit from access to our online dashboard, you will need to provide us with certain personal information, which we will use in accordance with our Privacy Policy which can be found here: theslimmingclinic.com/customer-care/privacy-policy.
2.4. You must keep your account details and keep your password safe. You must not disclose it to any third party.
2.5. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.
2.6. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at info@theslimmingclinic.com.
2.7. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.2.8. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use.
2.9. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial purpose.
3. Price and payment for Services
General
3.1. The prices of our Services (including any tests, supplements, medicines or other products) and any applicable delivery charges are set out clearly on the Website. All prices are stated in pounds sterling and include VAT, where applicable.
3.2. We take care to ensure that the prices displayed on our Website are correct. However, where the price of a product or service has been stated incorrectly, we reserve the right not to supply the product or service at the incorrect price where it is clearly and unmistakably lower than the actual price and you could reasonably have recognised the price displayed as an error.
3.3. You are responsible for providing valid payment details and by placing a request for Services with us (‘Service Request’) you confirm that you are authorised to use those payment details and to authorise us to take payment in full for the Service Request, including any additional fees or charges payable in accordance with these Terms. With the exception of Service Requests comprising Subscriptions or payment by Instalments (as defined in condition 4), we will take payment for any Service Request in full at the time it is made.
3.4. Any discount code, coupon, voucher or special offer must be applied at the time you make payment for your Service Request and cannot be applied retrospectively.
Credits, offers and promotions
3.5. Credits added to patient accounts are valid for 6-months from date of issue of the credit by us. After 6-months this credit will expire and will not be able to be used against any further treatment.
3.6. The availability of special offers such as ‘four for three’ or percentage discounts will depend on whether the Service Request is placed through our Website or following a consultation appointment with one of our doctors or as part of a weight loss programme.
3.7. Full details of all offers which may be available from time to time (including terms and conditions of those offers) are provided on the Website or available by emailing us at info@theslimmingclinic.com or by speaking to one of our team on 0800 9179334. Current offers include our ‘6 month weight loss guarantee’ (see 6 Month Weight Loss Guarantee Package - The Slimming Clinic) and our ‘6 month weight loss guarantee menopause package’ (see 6 Month Weight Loss Guarantee (Menopause Package) - The Slimming Clinic).
3.8. Offers and promotions are exclusive and cannot be used in conjunction with any other promotion or offer.
3.9. We offer a ‘Refer a Friend’ promotion. If you are eligible, we will provide a unique referral code which can only be used by a new patient that you are introducing to us during the new patient’s first appointment or order. We will check that the new patient has not been to us before, has not already been introduced to us and that they have not had an appointment with us or received medication from us during the last 90 days. Once the new patient that you are introducing to us has purchased a programme from us, you will receive a £25 credit on your account and the new patient will receive a £25 credit on their account. If you are on a direct debit payment plan the credit will either be added to your account for future payments or be deducted from future direct debit payments depending on when the next payment is due to be taken.
4. Subscription Services
4.1. Where the Services that you request include joining a subscription-based weight loss programme (‘Subscription Services’), or to purchase products and/or services on an instalment basis (‘Instalments’), you grant us the authority to automatically charge you the specified monthly payment or Instalment amount in accordance with the price information provided on our Website or as provided to you by our clinicians or sales team, subject to any special offer or discount which may be applicable at the time.
4.2. Payment in respect of any sums due under a Subscription Service or payment by Instalments will be taken in advance from the payment card that you used when signing up to the Subscription Services or Instalments on the monthly anniversary of your first payment, subject to adjustment for shorter months where a payment is due to be taken on the 29th, 30th or 31st of the month.
4.3. Where you are deemed to be eligible for a Subscription Service, we will provide you with access to the subscription-based services in accordance with the Subscription Services plan you have selected on a rolling monthly basis unless and until the termination of your Subscription Services in accordance with these Terms.
4.4. Our clinicians will review and assess the continued suitability of the Subscription Services plan for your needs from time to time. If we determine that it is no longer suitable for your needs, it will be cancelled in accordance with condition 13.
4.5. If you do not want your subscription to continue, you have the right to cancel in accordance with conditions 14.4 to 14.9. The earliest date on which a Subscription Services plan can be brought to an end by notice from you is the date falling 3 months from the date on which it started.
4.6. If we are unable to collect any payment you owe us, we reserve the right to charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
5. Information you must provide us with
5.1. In order to ensure that the Services you have requested are right for you, once you have placed a Service Request we may ask you to provide us with certain information for review by one of our doctors before we can prescribe any medication which relates to the Service Request and dispatch your order. The information we need and how to provide it will be explained to you via email and, in addition to a valid form of photographic identification and a completed medical assessment form, may include photo or video evidence demonstrating your current weight and, for certain Services, evidence of a live blood pressure reading.
5.2. Where a live blood pressure reading is required and you do not have a suitable monitoring device, you can request one from us, which contains instructions for use and will be sent to you free of charge. Additional blood pressure monitors can be supplied at a cost of £10 each.
5.3. In most cases we do not need to receive information such as medical records from your GP or healthcare provider. However, in some instances this may be necessary in order for us to assess whether a particular Service Request is suitable for you, or where one of our doctors considers it is necessary for another reason. Where such information is required we will notify you, either during a consultation appointment or otherwise by email. Following notification, you can provide your written consent to allow us to request the necessary information from your GP or healthcare provider, or you can request the information yourself and submit it to us.
5.4. Certain Services, including specific types of medication may not be suitable for some patients. In order to assess whether a particular product or service is right for you, to help ensure you get the maximum benefits and to protect your safety and wellbeing, you agree that you will:
5.4.1. ensure all personal and medical information you provide to us when requested is true, accurate, complete and correct;
5.4.2. promptly update any of the personal and medical information you have provided to us as necessary in order to ensure it remains true, accurate, complete and correct; and
5.4.3. contact us before submitting any of the information we require from you if you do not understand or are unsure how to answer any question concerning your medical history or other medical information.
5.5. Where you sign up to one of our weight loss programmes or Subscription Services, we will review your progress periodically, in order to make sure that the programme and the products and services you receive from us remain right for you. Each patient’s treatment is tailored to their specific needs, however, we typically carry out an initial review around two weeks into your treatment, with subsequent follow-ups on a monthly basis and a more in-depth review approximately every twelve weeks. You agree to provide us with information and updates on your progress ahead of each review, either via an online form, during a follow-up appointment with one of our doctors, or via a combination of the two. We will notify you what information you need to provide and by when.
5.6. It is important that you provide all information when requested. If you fail to provide any item of personal or medical information required by us to assess or review your treatment, we may be unable to fulfil your Service Request or to continue prescribing medication or providing all or part of any plan or programme to which you have subscribed. In this instance we may automatically refund your payment minus an administration fee of £25.
6. Doctor consultations and other appointments
6.1. We recommend your weight loss journey begins with an initial consultation appointment with one of our qualified doctors. A consultation appointment allows the doctor to better understand your individual circumstances and weight loss goals and to provide practical advice and guidance, in addition to determining the suitability of any treatment or prescription which will be included in the Services provided to you. Initial consultation appointments are scheduled for 50 minutes for new patients or for patients who have not had treatment from us during the last 12 months and shorter for patients who have previously received treatment and take place remotely, via video call. The price for a consultation appointment with one of our doctors is as stated on our Website or as notified to you at the time of booking.
6.2. Consultation appointments with any of our doctors or our dietician must be booked in advance via the Website or by telephone and require an internet connection and access to a webcam and microphone.
6.3. When booking a consultation appointment, you must ensure that you allow sufficient time to provide us with any personal or medical information we require from you in advance of the appointment and, where applicable, for us to send you a blood pressure monitoring device. Our doctors or dietician may be unable to carry out a consultation appointment in full, or at all, if we are not in receipt of the required information.6.4. If you are unable to attend a scheduled consultation appointment, you must notify us by the earlier of 48 hours or two working days before your appointment, by telephone on 0800 917 9334. We cannot guarantee that notifications sent to us via other means will be received or acknowledged.
6.5. A deposit is payable when you make your appointment. If you fail to provide the amount of notice required at condition 6.4, you will forfeit this deposit. Subject to condition 6.6, the deposit will be deducted from the price of any product or service subsequently requested by you that includes doctor consultations, or will be refunded in full where we determine that you are ineligible for our Services following the consultation appointment. Deposits are not refunded if the patient has a BMI of 27 or under, or if the patient decides to purchase via our Online Prescription Service or elsewhere after consultation.
6.6. If you fail to attend an appointment in respect of which you have paid a £75, £50 or £35 deposit in accordance with condition 6.5, without giving the notice required at condition 6.4 in respect of that appointment, we reserve the right to retain the deposit to set off against our wasted administrative costs.
6.7. If you fail to attend a consultation appointment without giving us at least 48 hours prior notice via telephone or by email to info@theslimmingclinic.com, we will retain the price of your appointment to set off against our wasted doctor costs.
6.8. It is your responsibility to ensure that the Internet connection and the computer equipment you use to participate in a consultation appointment, including any webcam or microphone, is suitable and in working order. Where a consultation appointment cannot go ahead or is cut short by more than 15 minutes due to technical problems on our part, you will be offered the opportunity to reschedule the appointment at no extra cost. Where an appointment cannot go ahead or is cut short by more than 15 minutes due to technical problems unrelated to our systems or equipment, or for the reasons described at condition 6.3, we reserve the right at our sole discretion to retain the price you paid for the abandoned appointment to set off against our wasted administrative costs and to charge you at the normal rate for a replacement appointment
6.9. At an appointment you may purchase a weight loss programme in two ways; you may pay in advance for three months or more to receive a discount or pay via a Subscription Services plan. You may not purchase a single month.
6.10. If you are unable to make payment at the end of your appointment in order to cover our costs, we reserve the right to add a £25 administration charge to the price of your treatment.
7. Assessment of suitability
7.1. Where the Services requested include the prescription of medicines, following a review by one of our doctors of your Service Request and the information you have provided to us, whether via online forms or during any initial or follow-up consultation appointment with one of our doctors, we will confirm whether or not you are (or remain) eligible for the products and/or services you have requested.
7.2. We aim to review Service Requests which include a request for a prescription within 24 hours of the later of your consultation appointment or receipt by us of all medical and personal information we require from you. However, there may be circumstances in which this takes slightly longer, for example, where you attend an initial consultation appointment or submit the personal and medical information required by us on a Friday or bank or public holiday.
7.3. Where the outcome of a doctor assessment is that, in the doctor’s reasonable opinion, you do not meet the eligibility criteria for a particular Service Request or it is contraindicated (which means there is reason to believe it may not be medically suitable for you), we will provide you with an explanation and will recommend any of our other Services that we consider may be beneficial to you, based on the doctor’s assessment.
7.4. When assessing your suitability for any treatment, our doctors take into account your individual needs and circumstances. However, we are only able to prescribe weight loss medication to patients whose BMI is greater than 27. Our treatment programmes which do not involve medication are available to patients whose BMI is 25 or above.
7.5. Some of our products and services, including certain weight loss tablet medicine, may not be suitable for patients aged 65 or above, or may only be prescribed following consultation with the patient’s GP and a suitability assessment by one of our doctors. Where we need to consult with your GP or obtain information from them, we will always seek your consent first, in line with condition 5.3.
7.6. We are unable to prescribe weight loss tablets to patients who are aged 70 or above at the time of their assessment. We are unable to prescribe weight loss injections to those who are aged 75 or above at time of their assessment. However, following an assessment by one of our doctors we may recommend alternative products and services, including (for those aged under 75) certain prescription weight loss injections, where clinically appropriate.
7.7. Where you have attended an initial consultation appointment with one of our doctors and a doctor assessment has determined that:
7.7.1. you are eligible for treatment by us, then subject to condition 7.8, the cost of your initial consultation appointment will be deducted from the price of any weight loss programme (or component of it) offered to you and ordered from us following and in conjunction with your appointment; or
7.7.2. you are ineligible for all treatment by us, providing your BMI is 27 or above, we will refund in full the cost of your initial consultation appointment. We will initiate the refund within 14 days of the doctor assessment which determined your ineligibility for treatment, to the payment card used to pay for your initial consultation appointment.
7.8. The deduction referred to at condition 7.7.1 does not apply to any requests for medication or other products or services you place subsequent to your initial consultation appointment direct through our online prescription service and outside of an ongoing weight loss programme or package.
8. Dispatch and delivery of products
8.1. We aim to process, pack and prepare orders for dispatch within 24 hours of the later of your Service Request (where no clinical assessment is required) or us completing our review of your suitability for any product or service for which a clinical assessment is required, including prescription medication. However, there may be circumstances in which this is not possible. Certain products and services are stated on our Website as being in high demand. Where this is the case delivery may take longer than usual and you will be notified of this either before you place any Service Request or in response to your Service Request.
8.2. We will notify you by email and in your patient portal once your items have been dispatched.
8.3. The majority of our products, including medications, are processed, packaged and dispatched in-house by us. However, certain products including may be fulfilled via one of our UK partners.
8.4. Our products are shipped using a tracked next day delivery service. In most cases this will be Royal Mail ‘Tracked 24’, though for certain medications we may use alternative providers including DX or FedEx. You will receive confirmation by email and/or SMS that your order has been dispatched, as well as a tracking number from the carrier to track the status of your delivery. Deliveries to certain areas, including addresses outside the UK mainland and in remote areas of the UK, may be subject to longer delivery times
8.5. If you have any questions about delivery, you should contact us before placing any Service Request.
8.6. Deliveries to certain addresses such as the Channel Islands may incur additional taxes, duties, customs charges, levies and/or facilitation fees payable to the carrier. We are not responsible for paying any such charges or for any delays caused as a result of such charges or customs processes. You should check any special requirements that apply to deliveries from the UK mainland to your area before placing any Service Request.
8.7. Certain medications must be kept in refrigerated storage to maintain their effectiveness and/or longevity. This will be made clear when you place a Service Request and the medication will be dispatched in temperature-controlled packaging which allows it to be kept outside of a refrigerated environment for up to 72 hours.
8.8. You are responsible for inspecting all of the products delivered as part of your order and must notify us as soon as possible after delivery if any part of your order appears to be missing, damaged, expired or something other than what you ordered. Condition 11.1 explains more about your rights in the unlikely event there is a problem with your order.
8.9. Medication must be signed for by a person over the age of 18 and cannot be left unattended at an address. Orders which cannot be delivered will in the first instance be returned to the carrier’s depot for re-delivery. You should liaise with the carrier if you need to rearrange or fix a delivery slot. We cannot accept responsibility for any damage to or reduction in the shelf-life of a product which occurs due to a missed delivery, for example medications which require refrigerated storage.
9. Storage and use of medication
9.1. You must store all medication in a safe place, out of reach of children and pets, and in accordance with any storage instructions stated on the packaging or the patient information leaflet (‘PIL’) accompanying the medication. It is your responsibility to check and comply with the storage instructions accompanying any medication or other products you receive from us.
9.2. You should take time to read carefully the information contained on the packaging and in the PIL accompanying any medication you order from us. If you are unsure about any medication or how to administer it, you must not attempt to administer it until you have sought advice. In the first instance contact us at info@theslimmingclinic.com or speak to one of our team on 0800 9179334.
9.3. Known or unknown side effects can occur with any medication or treatment. You should stop taking any medication prescribed or otherwise provided by us and notify us promptly if you experience any unexpected side-effects. You should contact a healthcare professional in an emergency.
10. Right to change your mind
10.1. For some of our products and services (subject to condition 9.9 and 9.10) you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the standard delivery cost, subject to an administration charge of £25. Your right to change your mind is subject to some important conditions, which are set out below.
The deadline for changing your mind
10.2. If you change your mind about a product or service you must let us know no later than 14 days after:
10.2.1. the day we deliver your product, if it is goods, for example an unopened testing kit. If the goods are for regular delivery (for example, a Subscription Service), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery; or
10.2.2. the day we confirm we have accepted your order, if it is for a service, for example a consultation appointment.
How to let us know
10.3. To let us know you want to change your mind, contact us at info@theslimmingclinic.com.
10.4. If you are claiming a refund of products, such as a testing kit, you have to return the product to us at your own cost in its original and unopened packaging, as required by condition 9.7. You must return the product to us within 14 days of you telling us you have changed your mind.
10.5. To return a product to us, send the product using an established delivery service to the address stated at condition 1.1. You should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the products at all or within a reasonable time, we will not issue a refund. For help with returns, contact: info@theslimmingclinic.com.
10.6. We only refund standard delivery costs. We do not refund any extra you have paid for express delivery or supplementary delivery services, such as delivery at a fixed time.
10.7. In order to receive a refund for any product, it must be unused, in its original packaging and in the same condition as when you received it. We reserve the right to reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in a shop, we reduce your refund to compensate us for its reduced value. For example, we may reduce your refund if the product's condition is not "as new", labels have been removed, the outer film or other packaging is damaged or accessories are missing. In some cases, because of the way you have treated a product, you may not be entitled to any refund. These refunds will be subject to an administration fee of £25.
10.8. You have to pay for services you received before you change your mind. If you bought a service (such as a doctor consultation appointment or dietician appointments) we do not refund you for any part of the service which you received before you told us you had changed your mind.
When you can't change your mind
10.9. Your right to change your mind and receive a refund does not apply to any of the following, including where they form part of an order comprising several products and/or services:
10.9.1. prescription medicines and prescription supplements;
10.9.2. services, once these have been completed; or
10.9.3. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
10.10. Without prejudice to Condition 10.9, if you have placed a Service Request which comprises or includes prescription medicines, we may be able to cancel the request and issue a refund if the prescription has not yet been processed. You should contact us as soon as possible if you wish to cancel the request as once a prescription has been processed, we will no longer be able to initiate a refund. Refunds are subject to an administration fee of £25.
When and how we refund you
10.11. If your Service Request includes a service or goods that has not yet been delivered, we refund you as soon as possible and within 14 days of you telling us you have changed your mind. If your product is goods that you are sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you have sent them to us), subject to the other provisions of this condition 10.
10.12. If you have not received a refund within the expected timeframe, please first check your bank account or credit card statement. If the refund is not reflected, please contact your card provider. If you still have not received your refund after taking these steps, please contact our customer support team for assistance.
11. Your rights if there is something wrong with your product
11.1. We honour our legal duty to provide you with products and services that are as described on our Website and that meet all the requirements imposed by law. If you think there is something wrong with a product you have purchased from us, for example if it is missing, damaged, expired or something other than what you ordered, you must contact us at info@theslimminglinic.co.uk or on 0800 917 9334. Depending upon the circumstances we may replace the product or issue a refund. We will advise you how to return or safely dispose of any medications.
11.2. For the avoidance of doubt, known or unknown side effects can occur with any medication or treatment and the occurrence of side-effects does not of itself trigger your right to a refund or replacement in accordance with condition 11.1. If you experience unwanted side-effects, you should contact us to discuss your options.
12. Product variation and changes to products and services
12.1. We comply with our legal obligation to provide you with Services which match their description. However, the packaging, colour or design of a product may not exactly match that shown on our Website, as manufacturers sometimes update the appearance or packaging designs of their products.
12.2. From time to time it may be necessary for us to make changes to the Services we offer. We may make changes:
12.2.1. to reflect changes in relevant laws and regulatory requirements; and
12.2.2. to make minor technical adjustments and improvements, for example to improve the patient experience. These are changes that do not materially affect your use of our products or services.
12.3. We may change the prices of our Services from time to time, but if we do so in respect of any ongoing Subscription Service or treatment to which you are signed up, we will provide you with at least one month’s notice. You can then contact our patient support team to discuss your options and you have the right to end the Contract before the change takes effect, in which case you will receive a refund in respect of any products or services you have paid for in advance, but will not receive prior to cancellation.
12.4. There may be circumstances in which it becomes necessary for us to suspend or withdraw the provision of a product or service. Suspension of a product or service may be to deal with a technical issue, update the product or service to reflect changes in relevant laws or regulatory requirements, or to make changes to it. We will contact you in advance to tell you we are suspending or withdrawing supply, unless the problem is urgent or an emergency. If we suspend the product or service for longer than two consecutive weeks, we will adjust the price so you do not pay for it while its suspended.
12.5. If we withdraw a Service, suspend supply for longer than two weeks, or tell you we are going to do so, we will contact you to explain the reason for the withdrawal or suspension and to assess whether any of our other Services may be suitable for you as an alternative. Where we are unable to identify a suitable alternative or you are not happy to move to an alternative Service, you can contact our customer support team to pause the Contract in respect of a suspended Service, or to cancel the Contract in respect of a withdrawn or suspended Service and we will refund any sums you have paid in advance for the Service you will not receive. For the avoidance of doubt, we will continue to provide you with (and you must continue to pay for) any other aspects of your treatment in accordance with the Contract.
13. Our right to terminate the Contract
13.1. We can end our Contract with you and claim any compensation due to us (including enforcement costs) if:
13.1.1. you fail to make any payment to us when it is due and you still do not make payment within 14 days of our reminder to you that payment is due;
13.1.2. you fail to provide by the relevant deadline any of the information required by us under condition 5, or any other information we reasonably request from you in order to assess your needs or the suitability of any product or service for you;
13.1.3. we become aware that a Service is no longer suitable for you on clinical grounds;
13.1.4. we become aware that any of the personal or medical information you have provided to us is materially inaccurate or is untruthful;
13.1.5. you do not, within a reasonable time, allow us or a carrier working on our behalf to deliver any product you have ordered. In this case we treat your order as cancelled and refund the purchase price, except where the order (or part of the order) is for prescription medicine or any other product in respect of which you would not be entitled to a legal right to change your mind in accordance with condition 10; or
13.1.6. during any consultation appointment or telephone call with one of our doctors, dieticians or other team members you act in a way which we reasonably consider to be aggressive, threatening, verbally abusive, discriminatory or sexually inappropriate.
14. Your right to cancel the Contract
14.1. Where one of our doctors determines, whether during a follow-up review, consultation or otherwise, that any medication prescribed as part of the Services provided to you has become contraindicated for any reason (which means there is reason to believe it may no longer be medically suitable for you) we will notify you promptly and will discuss your options with you, including which, if any, of our other products or services may present a suitable alternative. Following this discussion:
14.1.1. subject to your agreement we will arrange for you to transition onto a suitable alternative medication identified by our doctors, in which case any payments you have already made in respect of the contraindicated medication you have not yet received can be used towards the cost of the alternative medication; or
14.1.2. you can cancel the part of your Contract that relates to the contraindicated medication.
14.2. Where part of your Contract is cancelled in accordance with condition 14.1.2, you have the option to receive a refund (minus an administration fee) of any amounts you have already paid in respect of the contraindicated medication which you have not yet received, or you can contribute any such amounts against the cost of other elements of your treatment. For the avoidance of doubt, we will continue to provide you with (and you must continue to pay for) any other aspects of your treatment in accordance with the Contract, such as meal replacement shakes or dietician appointments.
Cancelling an ongoing Subscription or Instalments
14.3. We offer a range of treatments and payment options to fit around you. Certain products and services can be paid for in Instalments, whilst others are available on a Subscription basis. Condition 4 sets out how payment works and Condition 10 sets out your right to change your mind in respect of orders you place with us. You should read the information on the product pages of our Website and these Terms carefully and remember that certain items such as prescription medicines are exempt from the right to a refund if you change your mind.
14.4. Where you have purchased products or services from us on an Instalments or Subscription basis, in order to cancel your Contract you must let us know in writing by sending an email to info@theslimmingclinic.com. You should clearly state in the ‘Subject’ field of the email that you are notifying us you want to cancel your Contract and set out the reasons for your cancellation in the body of the email. We will acknowledge your cancellation request within two working days of receiving your email, confirm the termination date and will let you know what happens next and whether there are any outstanding sums or other charges you need to pay and when they are due.
14.5. If you have agreed to purchase products or services from us on an Instalments basis, for example a course of weight loss injections, you will be required to pay the outstanding balance to us in respect of any products we have already sent you in full within 14 days of our acknowledgement of your cancellation request. We apply interest at the rate set out in condition 4.6 to any balance which remains outstanding during the period between the date which is 14 days after our acknowledgement of your cancellation request and the date on which we receive payment.
14.6. If you have agreed to receive products or services from us on a recurring monthly Subscription Services basis, you must provide us with a minimum of two weeks’ notice of your intention to cancel your subscription. The notice period will commence on the first working day after we receive your cancellation request. The earliest date on which a Subscription Services plan can be brought to an end by notice from you is the date falling 3 months from the date on which it commenced.
14.7. After you have given us notice that you wish to cancel your Subscription Services, you will continue to have full access to all of the products, services and benefits which form part of your subscription, including where applicable access to our membership portal, throughout the applicable notice period.
14.8. Where you have received a discounted price in return for agreeing to a Subscription Services programme for a particular product or service and you give us notice that you want to cancel your Contract for the Subscription Service within the first two months, you will be ineligible to receive the discounted price in respect of any subsequent Subscription Service you sign up for during the period of six months from the date on which your Subscription Services plan ends.
14.9. If you have any questions about an ongoing Subscription Service, payment by Instalments or cancelling your Contract, you should email us at info@theslimmingclinic.com or speak to a member of our team on 0800 9179334.
15. Liability
15.1. Subject to condition 15.3, we are responsible for losses you suffer caused by us breaking this Contract unless the loss is:
15.1.1. Unexpected, which means it was not obvious that it would happen and nothing you told us before we accepted your order meant we should have expected it (so, in law, the loss was unforeseeable);
15.1.2. Caused by a delaying event outside our reasonable control, as long as we have taken the steps set out at condition 15.4; or
15.1.3. Avoidable, which means something you could have avoided by taking reasonable action. For example, medication ceasing to be effective which you could have avoided by following the applicable storage or usage instructions.
15.2. For the avoidance of doubt and subject to condition 15.3 we are not responsible for any loss or damage caused to you or to any other person or property, including personal injury, death, damage or destruction of property, costs, expenses, wasted efforts or missed opportunities (however occurring and whether or not foreseeable), arising directly or indirectly as a result of you:
15.2.1. failing to comply with any storage, dosage, usage or safety instruction or recommendation either provided by us or stated on the packaging of, or in the PIL accompanying, any medication or other product purchased from us;
15.2.2. administering any medication or using any other product purchased from us after the expiry date marked on the packaging. There are occasions when the expiry date of medication is extended with MHRA approval. In these instances, the extended date of the medication will be clearly marked;
15.2.3. allowing someone other than you to have access to, administer, take or use any medication purchased from us;
15.2.4. failing to provide truthful, accurate and complete information to us when requested (including but not limited to information about your personal details, medical history, intolerances, current weight loss needs and any other information reasonably requested by us in the course of determining or reviewing your treatment);
15.2.5. failing to let us know promptly if any of the information you have previously provided to us is no longer correct;
15.2.6. providing inaccurate payment details;
15.2.7. failing to ensure sufficient funds are available to cover any charges to made to your payment card in connection with your purchase of any products and/or services from us;
15.2.8. failing to attend any consultation or appointment with one of our doctors or dieticians;
15.2.9. experiencing side-effects as a result of taking any medication prescribed or otherwise supplied by us; and
15.2.10. breaching any one or more of these Terms.
15.3. Nothing in these Terms seeks to limit or exclude our liability for:
15.3.1. personal injury or death arising from our negligence;
15.3.2. fraud or fraudulent misrepresentation on our part;
15.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
15.3.4. any other liability that cannot be excluded or limited under English law.
15.4. If the dispatch or delivery of any Services you have ordered from us is delayed by an event outside our control (which includes but is not limited to: strikes or other industrial action, fire, storm, flooding or other natural disaster, epidemic, pandemic, failure in our supply chain or failure of telecommunications networks), we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay.
15.5. Where any delay of the kind referred to at condition 15.4 is likely to be substantial, we will assess whether any of our other Services may be suitable for you in the meantime and will discuss your options with you. Where a suitable alternative is not available, you can contact our customer support team to end the contract and receive a refund in respect of any Services you have paid for in advance, but not yet received.
15.6. Attending consultations with our qualified doctors and/or our dietician and following the advice they give can help you to get the most from our Services. However, medication may not be 100% effective for a variety of reasons and individual results are dependent upon a multitude of factors including patient behaviour and lifestyle, many of which our outside our control. This means we cannot guarantee that any one product, service or combination of products and services will produce a quantifiable result for any individual patient over a fixed period of time or that any results achieved will last or continue for a specified period.
15.7. Where we introduce you to any third party clinic or service providers, we are not responsible for any services which are provided to you by them or any losses or liability which results. You must discuss any complaints about the services received, the outcome of the services or discuss any further treatment required directly with the third party and they will be able to confirm the costs of any further treatments or procedures required.
15.8. Your legal rights in relation to Services are not affected and you can find out more information about your rights by visiting the Citizens Advice website at www.citizensadvice.org.uk.
16. Other important terms
16.1. We can transfer our Contract with you, so that a different organisation is responsible for supplying your treatment. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you can contact our customer support team on info@theslimmingclinic.com or 0800 9179334 to end the Contract on or by the date of its transfer to another provider and we will refund you any payments you have made in advance for Services you will not receive as a result of the cancellation.
16.2. We only ever process your personal data in accordance with our Privacy Policy which can be found here: theslimmingclinic.com/customer-care/privacy-policy.
16.3. Nobody else has any rights under the Contract. The Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
16.4. If a court invalidates any part of this Contract, the rest of it will still apply. If a court or other authority decides that any of the terms or conditions within these Terms are unlawful, the rest will continue to apply.
16.5. Even if we delay in enforcing any of our rights under the Contract, we can still enforce those rights later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do so later.
16.6. If you are not satisfied with any of the Services you have received from us, our customer support team will do their best to resolve your complaint in accordance with our complaints policy, which can be provided to you upon request.
16.7. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. Wherever you live you can bring a claim against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring a claim against us in the courts of the country you live in and we can claim against you in the courts of the country you live in.
