Terms and Conditions

Please read all of these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions carefully and make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please phone us on 0203 651 0547. In the event of an inconsistency between these terms and conditions and the contents of the literature provided by Chris Abela and his team to the patient, these terms and conditions shall prevail.

Application

  1. These terms and conditions will apply to the purchase of services advertised in our website, brochures or invoicing agreement to you (you).
  2. We are Christopher Abela of Chelsea and Westminster Hospital Private Patients, fourth floor, 369 Fulham road, London, SW10 9NH with e-mail address info@ChrisAbela.co.uk; telephone number 0203 651 0547; (us or we).
  3. These are the terms on which we sell all services to you. By ordering any of the services, you agree to be bound by these terms and conditions.

Interpretation

  1. Customer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
  2. Contract means the legally binding agreement between you and us for the supply of services.
  3. Location means the premises of Mr Christopher Abela and/or his team.
  4. Services means any services provided to you.
  5. Order means the customer’s request for services provided for by us, as set out in the customer’s order or in the customer’s written acceptance of the supplier’s quotation.
  6. Supplier means Mr Christopher Abela or a member of his team as confirmed in the customer’s order or supplier’s quotation.

Services

  1. The description of the services as set out in our website, brochures or other form of advertisement.
  2. In the case of services and any goods made to your special requirements it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All services are subject to availability.
  4. We can make changes to the services which are necessary to comply with any applicable law all safety requirement. We will notify you of these changes.

Customer responsibilities

  1. You must cooperate with us in all matters relating to the services, And Provide us with access to any relevant information required to perform the services safely and expediently.
  2. Failure to comply with the above is a customer default which entitles us to suspend performance of the services until you remedy, or if you fail to remedy it following our request, we can terminate the contract with immediate effect on written notice to you.
  3. Failure to arrive for a service without notifying us in writing within a reasonable time, will lead to a forfeit of monies received or a liability for full monies owed, for the costs of services planned. Reasonable time for an outpatient episode is 24 hours and for a surgical procedure: five working days.

Basis of Sale

  1. The description of services in our website, brochures or other form of advertisement does not constitute a contractual offer to sell the services.
  2. When an order has been made we can reject it for any reason, although we will endeavor to tell you the reason without delay, which must be due to a genuine and fair reason.
  3. A contract will be formed for services ordered, when written confirmation has been received by the supplier, or monies have been received and a date of service is confirmed in writing.
  4. Any quotation or estimate of fees (as defined below) Is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the contract, whether about a description of the services, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and supplier in writing.
  6. We intend that these terms and conditions apply only to a contract entered into by you as a consumer where we, the supplier and you the customer, enter the contract at any of the supplier’s premises, and whether the contract is not a contract (i) for which an offer was made by the customer in the supplier’s and the customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the customer was personally and individually addressed in the supplier’s and the customer’s simultaneous physical presence away from those premises. If this is not the case you must tell us so that we can provide you with a different contract with terms which are more appropriate to you and which might in some way be better for you, e.g. by giving cancellation rights pursuant to consumer protection law.

Fees and Payment

  1. The fees for each type of services is that set out in our pricelist current at the date of the order and is not that supplied in our website, brochures or advertisements. Prices for sevices may be calculated on a fixed fee standard rate basis.
  2. Fees and charges include VAT at the rate applicable at the time of the order if applicable at all.
  3. You must pay in cash or by submitting your credit card details online. Bank transfers will also be accepted with a written confirmation.

Delivery

  1. We will deliver the services on the premises agreed in writing.
  2. In any case regardless of events beyond our control if we do not deliver the services at the agreed time without prior notice you can require us to reduce the fees by an appropriate amount (Including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the fees or charges.
  3. In any case, regardless of events beyond our control and, if we do not deliver the services on time, you can treat the contract at an end if (i) we have refused to deliver the services, or if delivery on time is essential taking into account all the relevant circumstances at that time the contract was made, or you said to us before the contract was made that delivery on time was essential; or (ii) after we have failed to deliver on time you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  4. If you or we terminate the contract, we will promptly return all payments made under the contract.

Conformity

  1. We have a legal duty to supply the services in conformity with the contract and will not have conformed if it does not meet the following obligations.
  2. Upon delivering the services they will: (i) be of satisfactory quality; (ii) conform to their description.
  3. It is not a failure to conform if the failure has its origin in the information supplied by you.
  4. We will supply these services with reasonable skill and care.
  5. We will provide the following after sales service: we will provide the package of care as delineated in the quotes following initial consultation.
  6. In relation to our services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the services is a term of contract (which we must comply with), if you take it into account when deciding to enter this contract, or when making any decisions about the services after entering into this contract. Anything you take into account is subject to anything that qualified it or on behalf of us on the same occasion and any change to it that has been expressly agreed between us (before entering this contract or later).

Duration, termination and suspension

  1. The contract continues as long as it takes us to perform the services
  2. Either you or we may terminate the contract or suspend the services at any time by a written notice of termination or suspension to the other if that other: (i) commits a serious breach, or series of breaches resulting in a serious breach, of the contract and the breach cannot be fixed within 30 days of the written notice or (ii) is subject to any steps towards bankruptcy or liquidation.

38.On termination of the contract for any reasons, any of our respective rights and liabilities will not be affected.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control: (i) the party will advise the other properly as soon as reasonably practicable; and (ii) the party’s obligations will be extended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customer’s above rights relating to delivery.

Excluding liability

  1. We do not exclude liability for: (i) any fraudulent act or commission; or (ii) death or personal injury caused by negligence or breach of the supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft, or profession which would not be suffered by a consumer – because we believe you are not buying the services mainly for your business, trade, craft or profession.

Governing Law

  1. The contract (including any contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted by the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the respective courts of respective Scotland and Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
  4. We aim to follow professional codes of conduct, copies of which can be obtained from the General Medical Council at www.GMC-uk.org

Withdrawal and Cancellation

  1. You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. For clinic services: you can cancel the contract except for any goods which are made to your special requirements by telling us no later than 1 day after the contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our premises the goods in undamaged condition at your expense. Then we must without delay refund to you the price for those goods and services which have been paid in advance, but we can retain any separate delivery charges (in full) and/or administration charges (up to 10% of the worth of the goods and services). This does not effect your rights when the reason for the cancellation is any defective goods or services.
  3. For hospital services: you can cancel the contract except for any goods which are made to your special requirements by telling us no later than 7 days before the services are due, with good reason, and without liability. Then we must without delay refund to you the price for those services which have been paid in advance, but we can retain any separate delivery, custom ordered device charges (in full) and/or administration charges (up to 50% of the worth of the services). This does not effect your rights when the reason for the cancellation is any defective goods or services.
  4.  If you have paid to see Chris as a self-pay patient and your insurer decides to authorise a ‘new appointment’ payment, your fee will be refunded in full. Please feel free to email the clinic with details of your situation so he can advise.The refund will be made 5-7 days after the insurer has paid the invoice.