These are the terms and conditions on which we supply services to you.
Our contract with you is formed by the following documents:
We are Louise Carder Nutrition & Health, a sole trader established in England and Wales.
You can contact us by telephoning us at 01522 846915 or by writing to us at firstname.lastname@example.org or Commerce House, 2 Carlton Boulevard, Lincoln, LN2 4WJ. Please note the information in our Price List regarding our charges for calls and correspondence.
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 Questionnaire (or any other details you give us thereafter).
When we use the words "writing" or "written" in these terms, this includes emails.
Your initial order will be placed when you sign and return to us the relevant portion of the Information Leaflet. Once we have prepared a Personalised Programme for you, this will be accepted by you and become part of the Contract on the earlier of (i) your acceptance in writing, and (ii) your payment of a further sum comprising or towards payment of the services recommended in the Personalised Programme.
We are not doctors. Accordingly, we do not diagnose or treat illnesses or diseases. Nor do we prescribe medication. Instead, where relevant to the services indicated in our Information Leaflet, we make recommendations designed to optimise your health, relating to symptoms and concerns identified by you.
It is vital that you provide full, complete and accurate information in your responses in the Questionnaire. Any inaccuracy or omission may render our services ineffective or hazardous to your or our health. We do not accept any liability whatsoever in those circumstances. If your inaccuracies or completion causes loss or damage to us or our personnel (or their health), then we will recover such losses, liabilities or charges from you.
Before commencing any Personalised Programme or using any recommended supplements or other products, you must first consult your GP to ensure that there is no conflict with your medications, illnesses or other medical matters. We will not do this for you – it is your responsibility.
Before we recommend any form of supplement or product to you, we will check it against those medications you have disclosed in your Questionnaire on the global Natural Medicines Database. This is our sole responsibility to check your medications. Clause 4.3 is unaffected by this.
Any Personalised Programme designed by us is valid for a maximum of four months. If you continue to follow a Personalised Programme beyond that period without review by us, then we have no responsibility for any lack of benefit and/or harm resulting therefrom.
We may recommend certain supplements or products (including laboratory testing) as part of our services. We may also give you access to discounts and other benefits available to us when placing an order. Nevertheless, we are not selling those supplements or products to you, and we accept no liability whatsoever for them. This includes losses, costs or liabilities arising as a result of any defect or deficiency in them, whether simply a lack of effectiveness or harmful effects. You must check that you are happy with the seller, and the terms on which they are sold, before you place an order.
Minor changes to the services. We may change the services:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to support a perceived increase in benefit to you.
Our Information Leaflet and Price List give general indications as to when and how often we will provide the Services. Please contact us if you wish to vary that, and we will advise you (i) whether the change is possible, and (ii) any cost impact of the change. You cannot make changes to Services that you have ordered without our consent. This means changes to the timing, scheduling or content of the Services.
Once your Personalised Programme has been written for you it will be shared with you at your 30 minute follow up appointment (part of the Initial Health Discovery Appointment as per the Price Sheet). You can then elect whether you wish to continue with a Group 16 week programme or 1:1 6 month programme (for 6, 11 or 21 sessions), in each case as further detailed in the Price Sheet and your Personalised Programme. Where we have not seen you face-to-face as part of the Initial Health Discovery Appointment (online appointments do not count as face-to-face), your Personalised Programme will remain generalised until such time as we see you face-to-face – we therefore strongly recommend that if you did not attend face-to-face during the Initial Health Discovery Appointment, you do so within the first four sessions of your Personalised Programme.
If our supply of the services is delayed or prevented by any event outside our control then we will contact you as soon as possible to let you know. We will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
Where you have booked an Initial Health Discovery Appointment or a further block of appointments, you may not cancel the appointment(s) and receive any refund without our consent. We will not usually give consent, and where we do your refund will not be based on the number of sessions remaining in your Personalised Programme (as much of our work is “front-loaded” rather than occurring during any session). If you fail to attend an initial Health Discovery Appointment without at least 72 hours prior notice setting out a reason acceptable to us (acting reasonably) for your non-attendance then, in addition to the fees for the initial Health Discovery Appointment set out in the Information Leaflet, we shall be entitled to charge you for the time allocated to the booked but unattended initial Health Discovery Appointment at the hourly rate set out in our Information Leaflet. You acknowledge that this is reasonable, on the basis that we will be unable to utilise that time for another client at such short notice. We expect that any package appointment bookings should be taken with a year of payment.
For some clients we provide remote services, such as on-line consultations. We are not responsible for any impact on such services caused by failure or malfunction in hardware, software or connectivity (whether affecting you or us).
Where we travel from our premises for an appointment, you will not be entitled to any refund where you are unable to attend, regardless of the reason for your non-attendance.
We need certain information from you so that we can supply the services to you, as set out in the Questionnaire. We may also ask you for additional information throughout providing the services. 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 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 any issues whatsoever caused by you not giving us the information we need within a reasonable time of us asking for it.
We may have to suspend the supply of services to:
7.8.1 deal with technical problems or make minor technical changes;
7.8.2 update the services to reflect changes in relevant laws and regulatory requirements;
7.8.3 make changes to the services as notified by us to you (see clause 6).
Please see clause 10 in this respect.
Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:
8.1.1 If our services are faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 11; or
8.1.2 If you have just changed your mind about the product, see clause 8.2. For certain customers, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
You only have this right where we entered into the contract somewhere other than our premises. It does not apply where you signed the Information Leaflet at our premises. For those off-premises contracts you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clause 8.3 and 8.4.
You do not have a right to change your mind in respect of any part of the services performed at your request during the 14 day period mentioned in clause 8.4 below.
You have 14 days after the day you sign the contract. However, once we have completed a discrete part of the services (i.e. a separate item on the price list) you cannot change your mind, even if the period is still running. In other words, if you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call or email us at the details provided in clause 2.2. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 B. Print off the form at schedule 1 and post it to us at the address in clause 2.2. Or simply write to us at that address, including details of the services, when you ordered or received them and your name and address.
We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind (which you only have in the circumstances set out in clauses 8.2 to 8.4) we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied in comparison with the full coverage of the particular item(s) in our price list.
We will make any refunds due to you as soon as reasonably possible.
We may suspend or end the contract if you break it. We may suspend or end the contract for a service at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, or we discover that the information that you have provided is materially inaccurate, misleading or incomplete;
you do not, within a reasonable time, allow us to perform the services;
you go more than six months without an appointment with us;
you fail to follow our programme, do not have post-test result consultations or otherwise behave in a manner which we feel creates a serious potential risk (whether to yourself or others, including us) or is illegal and/or in breach of any health legislation applicable to us; or
you act in a manner which we perceive to be intimidating or threatening, are affecting our overall client base or other clients or you otherwise fail to comply with any written request to moderate your behaviour.
It is our choice whether to suspend or end the contract. If we suspend the contract, and you do not put the issue right, then we can end the contract later for the same reason.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website here or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
If you have any questions or complaints about the services, please contact us at the details in clause 2.2.
We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
The price of the services (which includes VAT) will be the price set out in the Price List for the relevant services.
Our Price List sets out the methods by which you can pay us. Unless we have agreed otherwise with you, we will invoice you on or after performing particular services, with payment due seven days after the date of that invoice. However, we reserve the right to require full or partial pre-payment before performing services where we deem it appropriate.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
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.
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 sale process.
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; or for breach of your legal rights in relation to the services as summarised at clause 11.2.
We only supply the services for domestic and private use. If you use the services 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.
Where we consider that there is a serious risk of harm to either you or a third party based on a disclosure that you make to us, we may contact your GP and/or the emergency services as we deem appropriate.
We may transfer our rights and obligations under these terms to another organisation.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
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 services, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
Please also note the following
Louise Carder is a solo practitioner and will from time to time have time away from the office. It is not always possible to notify clients of these dates, and on occasion there may be no notice. Where planned holidays/courses are scheduled these will be noted on the auto-responder so do keep an eye out for any changes there. Louise Carder will do her best to keep up with her workload around any breaks from work, but every now and again your patience may be required. If you feel that you have not had a reply in a timely manner please contact the office on +44 (0)1522 846 915 and they will give guidance as to when you might receive a reply to any query/ any updates you are waiting for.
We also ask that you entitle any emails as follows:
URGENT - if you have an especially urgent query that needs a reply within the next 24-48 hours
APPOINTMENT - if you have an appointment related matter you need to draw our attention to
QUESTION - if you have a question that you just want us to save ready for an appointment
CLARIFICATION - if you require clarification relating to information in a programme or from a recent appointment
INVOICE - if you are emailing us about an invoice
When sending documentation over to Louise Carder please save ALL documentation in the following format: surname, first name, date and name/title of the document. Louise Carder receives a lot of paperwork from clients and laboratories and it is essential that documents are saved in the same format so they can be processed efficiently and correctly. If you persist in sending documents not in the correct format we reserve the right to either charge you an admin fee for this, or ask that you return any documents correctly labelled.
We reserve the right to charge you for our time for any communication between appointments. We charge for additional time spent on telephone and/or email support between sessions at an hourly rate of £155 per hour, pro-rata for each tenth of an hour spent on supporting you. We will itemize such time on an invoice to you.
You can expect a timely reply to emails if they are marked as outlined above, and if you are signed up to an appointment package. If you are an ad hoc client it may be up to 10 working days before you can reasonably expect a reply to any correspondence due to the nature of our workload. Package clients can expect a reply within 5 working days. For any URGENT/APPOINTMENT enquiries we aim to reply between within 24-48 hours.
When you have had your initial appointment and when you have any test results return it may be up to 10 working days before you receive any initial documentation/reports/nutritional programme due to the in-depth nature of the work done for you. It is not always possible to efficiently schedule test results interpretation/programme write-ups and whilst it our intention that you receive information from us within a timely manner (5-7 working days) sometimes the time limits noted in this paragraph have to apply. We may not be able to notify you of any delay, but please be assured any delay will be because of the depth/complexity of work being done for you.
If any additional work is required beyond what has been outlined in our fee document (The appointment fee per hour/half hour includes 15 minutes of write up time for a 30 minute appointment and 30 minutes for a 60 minute appointment. For the initial appointment an hour of write up time is included), we will discuss additional time with you. If additional time is required then additional billing will be necessary. With test results, if indicated, you will have the option to just have a basic report or the chance to have a more in depth result where work is required; we will discuss this with you and suggest an approximate additional fee. If you do not want this work doing then you will just receive a basic interpretation. Any additional time (as mentioned in clause 7.4 of our Terms & Conditions) is charged at an hourly rate of £155 per hour, pro-rata for each tenth of an hour spent on supporting you. We will then itemise such time on an invoice to you.
Complete and return this form only if you wish to withdraw from the contract.