Terms & Conditions
Please read all 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 to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about
anything, just phone us on 01937 318101.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
2. We are Vita Referrals Site 01 Ltd. a company registered in England and Wales under number 14942844 whose registered
office is at Unit 190, Trust Square, Street 6 North, Thorp Arch Estate, Wetherby, West Yorkshire, LS23 7FP with email
address info@vitareferrals.co.uk; telephone number (01937 318101) (the Supplier or 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
4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or
profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the
Order;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's
written acceptance of the Supplier's quotation;
9. Services means the services, including any Goods, of the number and description set out in the Order.
Services
10. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of
advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any
Goods supplied.
11. 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.
12. All Services are subject to availability.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
We will notify you of these changes.
Customer Responsibilities
14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and
representatives with access to all information required to perform the Services and obtain any necessary licences and consents
(unless otherwise agreed).
15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until
you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written
notice to you.
Basis of Sale
16. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement
does not constitute a contractual offer to sell the Services or Goods.
17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without
delay.
18. A Contract will be formed for the Services ordered, only upon the Supplier's written acceptance of the Order or, if
earlier, the Supplier's delivery of the Services to the Customer.
19. 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.
20. No variation of the Contract, whether about 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 the Supplier in writing.
21. 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 business premises, and where 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 (or via an appointed
representative) 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. Business
premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail
premises, on a usual basis.
Fees and Payment
22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or
other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices
for Services may be calculated on a fixed fee or on a standard rate basis.
23. Fees and charges include VAT at the rate applicable at the time of the Order.
24. Payment for Services must be taken immediately or otherwise before the delivery of the Services.
25. Any consultation with one of our clinicians will lead to a fee being applied. The cost of this fee will be discussed prior
to the consultation.
26. During the course of the consultation and estimate of treatment costs based on the current understanding of the
patients needs will be made. For certain conditions, we are able to offer a fixed-fee, but for other cases an estimate will be
provided that may change as further information becomes available.
27. Estimates can be altered at any time depending on the information available and the clinical needs of the patient. Any
changes will be discussed with the customer before any further work is undertaken, except for extreme situations where the life of
the patient is threatened and action must be taken rapidly where time is not available for discussion.
28. Follow-up appointments and treatments may incur further charges, except where the treatment is included in the
original estimate or in our fixed-fee plan. If additional treatments or investigations are required that are outside the scope of the
original fixed-fee or estimate, then these may be charged for.
29. We do not offer payment plans.
30. Customers with insurance are expected to pay at the time of the service delivery in line with our fees and payment
policy. We will complete the ‘Veterinary Surgeon’ part of your insurance claim for you so that you can be paid back directly by
your insurer. We do not charge for this.
31. Insured customers who are unable to pay at the time of the services must inform us of their situation. It may be
possible to arrange a ‘Direct Claim’ from the insurer to the practice, but this can take time and may incur additional fees payable
to the practice. Any fees that lie outside of the scope of the insurance policy will still be liable at the time of consultation or
service delivery.
32. Pre-authorisation of insurance claims is possible and we would not charge for this. This process is not made available
by all insurance companies and can vary widely in the time taken to process.
33. We will not be held responsible in any way for the failure of an insurance policy to pay the customer and would still
consider any outstanding debt payable within the standard terms.
34. RSA underwritten policies levy a £200 fee for using clinics outside of their ‘preferred provider network’. We believe
this is unjust, so we will reimburse the fee to the customer if the customer is willing to assist us in complaining to the financial
ombudsman about the fee which is in direct conflict with the Royal College of Veterinary Surgeons code of conduct.
Delivery
35. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing
any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 calender days from the day on which the
Contract is entered into.
36. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to
reduce the Fees or charges 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.
37. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to
any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at
the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. 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.
38. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under
the Contract.
39. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order
for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without
delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered,
you must return them or allow us to collect them from you and we will pay the costs of this.
40. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the
value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also
cancelling or rejecting the Order for the rest of them.
41. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and
the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other
taxes, as we will not pay them.
42. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason,
subject to the above provisions and provided you are not liable for extra charges.
43. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may
charge the reasonable costs of storing and redelivering them.
44. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if
reasonably practicable, examine the Goods before accepting them.
Risk and Title
45. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
46. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your
bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which
case you must return them or allow us to collect them.
Withdrawal
47. 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.
Conformity and Guarantee
48. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the
following obligation.
49. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made
known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for
any purpose held out by us or set out in the Contract; and
c. conform to their description.
50. It is not a failure to conform if the failure has its origin in your materials.
51. We will supply the Services with reasonable skill and care.
52. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the
manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and
territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take
effect at the time the Goods are delivered, and will not reduce your legal rights.
53. We will provide the following after-sales services:
a. Ongoing support and advice.
b. 12 Month warranty on selected services.
i. The services covered by the warranty will be confirmed at the time of consultation and will be displayed on
our website and other materials
ii. The warranty does not guarantee that complications will not occur, simply that any surgical complications
that arise will be treated free of charge
iii. We reserve the right to elect which cases will qualify for the warranty scheme on a case by case basis
iv. Long term medication will not be covered (e.g. Non-steroidal anti-inflammatories)
v. Fees generated at the customers principle care practice or out-of hours provider will not be covered unless by
prior agreement. Only fees generated at Vita Referrals fall under the warranty scheme
vi. Consultations, scheduled diagnostics and discharge instructions must be followed at home and/or
undertaken at Vita Referrals as described to the customer or the warranty will be invalidated
vii. Failure to pay all associated fees directly or indirectly via insurance for the service provided will
invalidate the warranty
viii. Concomitant health issues such as skin disease which may lead to surgical wound infections may
invalidate the warranty
ix. Injuries or illness unrelated to the surgery undertaken leading to complications may invalidate the
warranty
x. Ongoing lameness in the absence of a surgical complications is not considered a complication of surgery and
will not be covered by the warranty
xi. Specifically for spinal patients, the collapse (extrusion or protrusion) of adjacent or distant disc
spaces to the initial surgery is not covered by the warranty
xii. We reserve the right to withhold the warranty scheme prior to service provision from a customer for
any reason should we wish to
54. In relation to the 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 the Contract (which we must comply with) if you take it into account when
deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you
take into account is subject to anything that qualified it and was said or written to you by us 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
55. The Contract continues as long as it takes us to perform the Services.
56. 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:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be
fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
57. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be
affected.
Privacy
58. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to
your personal information.
59. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy
Policy and Cookies Policy which can be found www.vitareferrals.co.uk.
60. For the purposes of these Terms and Conditions:
a. "Data Protection Laws" means any applicable law relating to the processing of Personal Data, including, but not limited to the
GDPR.
b. "GDPR" means the UK General Data Protection Regulation.
c. "Data Controller", "Personal Data" and "Processing" shall have the same meaning as in the GDPR.
61. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
62. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal
Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data
Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
63. For any enquiries or complaints regarding data privacy, you can e-mail: info@vitareferrals.co.uk.
Successors and Our Sub-contractors
64. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under
the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
65. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that 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
66. We do not exclude liability for: (i) any fraudulent act or omission; 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 (e.g. 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 and Goods
wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
67. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
68. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives
in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
69. We try to avoid any dispute, so we deal with complaints as follows: if a customer is unsatisfied with the services
provided they should contact us as soon as possible to allow for us to discuss potential solutions
70. We aim to follow these codes of conduct, copies of which you can obtain as follows:
a. The Royal College of Veterinary Surgeons Codes of Professional Conduct.