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Signing up as a customer means that you can seamlessly access all your occupational health needs without having to go through an online payment process. When you register an account, you will become a Optima Health customer and we will invoice your business for any online orders.

OH Direct

Terms and Conditions

Terms and Conditions

Our Terms

    1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services. 
    2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us  to discuss. 
    3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
      • you are an individual; or
      • you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  1. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. 
      1. Who we are. We are TP Health Limited a company registered in England and Wales. [Our company registration number is 05770728 and our registered office is at First Floor Rickyard Barn Pury Hill Business Park, Alderton Road, Paulerspury, Towcester, NN12 7LS. Our registered VAT number is 883064608. We operate the website www.tphealth.co.uk.
      2. How to contact us. You can contact us by telephoning our customer service team at 01327810262 or by writing to us at ohdirect@tphealth.co.uk.
      3. How we may contact you. 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 order. 
      4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
      1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 
      2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price, minimum order quantity or description of the product or because we are unable to meet a delivery deadline you have specified. 
      3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
      4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
      1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 10% tolerance.
      2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website. 
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.  We may change the product: 
  1. to reflect changes in relevant laws and regulatory requirements; and 
  2. to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
      1. Delivery costs. The costs of delivery will be as displayed to you on our website and shall be payable in addition to the price of the products.
      2. When we will provide the products 
        1. If the products are goods. If the products are goods we will contact you with an estimated delivery date. 
        2. If the products are services. If the products are services we will use all reasonable endeavours to provide the services on the date on the date agreed with you during the order process but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
      3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 
      4. If you are not able to take delivery. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
      5. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 10.2 will apply.
      6. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
      7. When you own goods. You own a product which is goods once we have received payment in full.
      8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, for our Management Referral service we will require all the details listed on the referral form, including contact and personal details of the individual you are referring as well as any medical history and reasons for referral. If so, this will be requested as part of the ordering process on our website. If you give us incomplete or incorrect information, we may either end the contract (and 10.2 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 supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 
      9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
        1. deal with technical problems or make minor technical changes; or
        2. update the product to reflect changes in relevant laws and regulatory requirements.
      10. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product.
      11. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see 14.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see 14.8). As well as suspending the products we can also charge you interest on your overdue payments (see 14.7).  
      1. You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
        1. If what you have bought is faulty or doesn't comply with its description you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see 12 if you are a consumer and 13 if you are a business;
        2. If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
        3. If you are a consumer and have just changed your mind about the product, see 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; 
        4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
      2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
        1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
        2. there is a risk that supply of the products may be significantly delayed because of events outside our control; 
        3. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
        4. you have a legal right to end the contract because of something we have done wrong. 
      3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online 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 these terms. 
      4. When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of:
        1. services, once these have been completed, even if the cancellation period is still running;
        2. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
        3. any products which become mixed inseparably with other items after their delivery.
      5. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
        1. Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. 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.
        2. Have you bought goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
          1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
          2. Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
      6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) for the net costs we will incur as a result of your ending the contract.
    1. Tell us you want to end the contract. To end the contract with us, please:
      1. Phone or email. Call customer services on 01327810262 or email us at ohdirect@tphealth.co.uk. Please provide your name, business address, details of the order and, where available, your phone number and email address. 
    2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at TP Health, Stone Barn, Pury Hill Business Park, Nr Alderton, NN12 7LS or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01327810262 or email us at ohdirect@tphealth.co.uk for a return label or to arrange collection.  If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 
    3. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed;
      2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.   
  1. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge £45 for collection of goods.
  2. How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind: 
    1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 
    2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    3. Where the product is a service, 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 contract.
  4. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then: 
    1. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see 9.2.
    2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
      1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
        1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
        2. you do not, within a reasonable time, allow us to deliver the goods to you; 
        3. you do not, within a reasonable time, allow us access to your premises as reasonably required by us to enable us to perform the services for example, we are not allowed on-site to carry out a Mobile Unit Day or
        4. you do not, within a reasonable time of us asking for it and in any event not less than 48 hours before we are due to perform the services, provide us with such information and materials as we may reasonably require in order to perform the services; or
        5. you or your client (as applicable) does not attend the place where it has been agreed that the services will be performed at the appointed time or, if the services are to be provided remotely or via an online video-conferencing provider, does not join the call at the appointed time, and has failed to give us no less than 48 hours written/verbal notice that they will be unable to attend or join. 
      2. You must compensate us if you break the contract. If we end the contract:
        1. in the situations set out in either of  10.1(a) or 10.1(b), we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you for the net costs we will incur as a result of your breaking the contract and;
        2. in the situations set out in either of paragraphs 10.1(c),10.1(d), and 10.1(e), we will be entitled to charge you in full for the relevant services .
      3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 24 hours in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01327810262 or write to us at ohdirect@tphealth.co.uk. 
      1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. 
      2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01327810262 or email us at ohdirect@tphealth.co.uk for a return label or to arrange collection.
    1. If you are a business customer we warrant that on delivery any products which are goods shall:
      1. conform in all material respects with their description; and
      2. be free from material defects in design, material and workmanship.
    2. Subject to 13.3, if:
      1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in 13.1;
      2. we are given a reasonable opportunity of examining such product; and
      3. you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full. 
  1. We will not be liable for a product's failure to comply with the warranty in 13.1 if: 
    1. you make any further use of such product after giving a notice in accordance with 13.2(a);
    2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
    3. you alter or repair the product without our written consent; or
    4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
  2. Except as provided in this 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in 13.1.
  3. These terms shall apply to any repaired or replacement products supplied by us under 13.2.
  4. If you are a business customer we warrant that we shall provide the Services:
    1. using reasonable care and skill; and
    2. in accordance with (i) the current and highest professional standards in the occupational health care industry (ii) current legislative requirements (ii) current guidance from the Faculty of Occupational Medicine and (iv) current SEQOHS Standards.
      1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see 14.3 for what happens if we discover an error in the price of the product you order. 
      2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
      3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
      4. What happens if we got the minimum order quantity wrong. We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the minimum order quantities for the Goods on our site may be incorrectly stated. If we discover an error in the minimum order quantities of the Goods you have ordered and you have not ordered the minimum quantity we will contact you to inform you of this error and we will give you the option of continuing to purchase a minimum quantity of the Goods or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
      5. When you must pay and how you must pay. We accept payment with most credit and debit cards, Apple Pay, Google Pay, and PayPal. When you must pay depends on whether you are buying the products as a customer who has an account with us or as a guest:
        1. For account customers, we will invoice you for the products and all applicable delivery charges upon our acceptance of your order. You must pay each invoice within 30 calendar days after the date of the invoice.
        2. For guests, you must pay for the products and all applicable delivery charges before we dispatch them. 
      6. No set-off if you are an account customer. If you are an account customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
      7. We can charge you if you pay late. If you do not make any payment to us by the due date we may charge you a late payment administration fee of £70.00 as well as interest on the overdue amount whether before or after judgment which will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
      8. What to do if you are an account customer and think an invoice is wrong. If you are an account customer and 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.
      1. We are responsible to you for foreseeable loss and damage caused by us. 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 sales process.
      2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
      3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. 
      4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in 16.
      1. Nothing in these terms shall limit or exclude our liability for:
        1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
        2. fraud or fraudulent misrepresentation;
        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.
      2. Except to the extent expressly stated in 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
      3. Subject to 16.1:
        1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
        2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
        3. We shall indemnify, keep indemnified and hold you harmless for any loss or damage (including reasonable legal fees and fines imposed on you by a regulator) suffered or incurred by you as a result of our breach of clause 17. We agree that the foregoing indemnity will not be subject to the exclusions and cap specified in 16.3.1 and 16.3.2.
      1. We will only use personal information as set out in our https://tphealth.co.uk/privacy-statement/.
      2. Where we are using personal information (including personal data) received from you in the course of providing services to you, we will act as a 'processor' of such information. We shall:
        1. process such information only to the extent necessary to enable us to provide the services except to the extent we are required by law to otherwise process your personal information;
        2. notify you as soon as possible if anything that you have asked us to do in relation to processing the data infringes or may infringe the law;
        3. at all times implement and maintain appropriate technical and organisational measures to protect personal data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access;
        4. ensure that any personnel engaged and authorised by us to process such information have committed themselves to confidentiality and are under a binding written contract containing equivalent obligations to those under this clause;
        5. use our reasonable endeavours to assist you (taking into account the nature of the processing and the information available to us), at your cost and written request, in responding to any request from a data subject and in ensuring your compliance with your legal obligations with respect to security of processing, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
        6. notify you without undue delay on becoming aware of any data breach relating to personal information;
        7. not process and/or transfer, or otherwise directly or indirectly disclose, any personal data in or to countries outside the UK or the EEA or to any international organisation without your prior written consent;
        8. make available to you, such information that is in our possession or control as is necessary to demonstrate our compliance with the obligations placed on us under this clause and allow for and contribute to audits, including inspections, by you (or another auditor mandated by you) and;
        9. at your written direction, delete or return all personal data and any existing copies (except to the extent that storage of any such data is required by applicable law) and upon your written request transfer any medical records to another accredited OH provider.
      3. You provide your prior, general authorisation for us to appoint processors to process personal data, provided that we:
        1. shall ensure that the terms on which we appoint such processors comply with the law; and
        2. shall remain responsible for the acts and omission of any such processor as if they were our acts and omissions.
Any Mobile Health Screening Days cancelled with less than 14 calendar days notice will be fully chargeable. Any notice of cancellation received outside of the hours of 8:30am - 5:00pm shall be deemed made on the next calendar day. Any postponement of any booking shall be considered as a cancellation under this clause.