Our terms:

1. These terms

   1. These are the terms and conditions on which we supply products or services to you.

   2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services 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.

2. Information about us and how to contact us

   1. We are Everest Clinic, established in England and Wales. Our company registration number is 14749759 and we have our registered office at 87 Warwick St, Royal Leamington Spa, CV32 4RJ, England. 

   2. You can contact us by writing to us at contact@everestclinic.co.uk.

   3. 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.

   4. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

   1. For services, our acceptance of your order will take place when we email you confirming that we received the payment and booked the session, at which point a contract will come into existence between you and us.

   2. For products, our acceptance of your order will take place when we email you confirming that we received the payment and we are processing the product to deliver you, at which point a contract will come into existence between you and us.

   3. If we are unable to accept your order, we will inform you of this and will not charge you for the product or service. 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 or description of the product or because we are unable to meet a delivery deadline you have specified.

4. Our products and services (digital and physical)

   1. The images of the products and the services on our website are for illustrative purposes only.

   2. We are not responsible for whether digital products (such as online courses, downloads or access to a membership site) work on your chosen device. If you are having difficulty using a digital product please contact us on contact@everestclinic.co.uk and we will try our best to help you. However, it is your responsibility to check whether your device is adequate to support the product and to seek technical help if you need it.

5. Your rights to make changes

        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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).

1. Our rights to make changes

   1. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.  These changes will not affect your use of the product.

   2. In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

2. Providing the products and services

   1. The costs of delivery of physical products will be as displayed to you on our website or as described in the email you will receive from us.

   2. During the order process we will let you know when we will provide the products to you.

      1. For products (goods) we will deliver them to you as soon as reasonably possible. We will contact you with an estimated delivery date.

      2. For services, like assessments, therapy or psychoeducation, we will begin the services on the date agreed with you during the order process, since the service is confirmed as paid minimum one day before the session.

      3. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or one of us end the contract as per below.

   3. 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. For physical products. 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 local depot.

   5. For physical products: If you do not collect the products from us as arranged or 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 apply the required clausule.

   6. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

      1. We have refused to deliver the goods;

      2. Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

      3. You told us before we accepted your order that delivery within the delivery deadline was essential.

   7. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

   8. If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, 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 email us at contact@everestclinic.co.uk for a return label or to arrange collection.

   9. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

   10. You own a product which is goods once we have received payment in full.

   11. We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. 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 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.

   12. We may have to suspend the supply of a product to:

       1. Deal with technical problems or make minor technical changes;

       2. Update the product to reflect changes in relevant laws and regulatory requirements;

       3. Make changes to the product as requested by you or notified by us to you (see clause 6).

   13. 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. If we have to suspend the product for longer than 3 MONTHS you may contact us to end the contract for a product and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

   14. If you do not pay us for the products when you are supposed to 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. As well as suspending the products we can also charge you interest on your overdue payments.

6. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Everest Clinic. Any use  of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

7.  Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.

8.  Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

9.  Availability

The services will be provided within an agreed timescale, and time is not of the essence of the contract.

10. Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

11. Price

The prices payable for services that you order are as set out on our website, or, when not informed in our website, as informed by our email. All prices are inclusive of VAT (when applicable) at the current rates and are correct at the time of entering information.

12. Liability

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.   

13. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at contact@everestclinic.co.uk and all notices from us to you will be displayed on our website from time to time.

14. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

15. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

16. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

1. Your rights to end the contract

   1. 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 and when you decide to end the contract:

      1. If the product (goods) what you have bought is faulty or misdescribed 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).

      2. If you have just changed your mind about the product (goods) 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;

      3. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.

   2. If you are ending a contract for one of the 5 reasons below the contract will end immediately and we will refund you in full for any products which have not been provided. The 5 reasons are:

      1. We have told you about an upcoming change to the product or these terms which you do not agree to.

      2. 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;

      3. There is a risk that supply of the products may be significantly delayed because of events outside our control;

      4. 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 3 MONTHS; or

      5. You have a legal right to end the contract because of something we have done wrong.

   3. 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. You do not have a right to change your mind in respect of:

      1. Items made to your specifications or which are clearly personalised;

      2. Services, once these have been completed, even if the cancellation period is still running;

      3. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

      4. Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

      5. Any products which become mixed inseparably with other items after their delivery.

   5. How long you have depends on what you have ordered and how it is delivered.

      1. If you have bought services, you have 14 days after the day we contact 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. If you have bought goods, 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 receive the last delivery to change your mind about the goods.

         2. Your goods are for regular delivery over a set period, you have until 14 days after the day you receive the first delivery of the goods.

   6. Even if we are not at fault and you do not have a right to change your mind, 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 you have paid for them we have finished providing the service. If you want to end a contract before it is completed where we are not at fault, 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) reasonable compensation for the net costs we will incur as a result of your ending the contract.

2. How to end the contract with us (including if you have changed your mind)

   1. To end the contract with us, please let us know by emailing us at contact@everestclinic.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

3. We don’t refund services after they are provided. It includes assessments, therapy sessions and psychoeducation sessions. For Products, 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 or (if they are not suitable for posting) allow us to collect them from you. email us at contact@everestclinic.co.uk for a return label or to arrange collection. If you are 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.

4. We will pay the costs of return:

   1. If the products (goods) are faulty or mis described;

   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; or

   3. If you are exercising your right to change your mind within the cooling off period.

In all other circumstances, you must pay the costs of return.   

1. 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.

2. 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. 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. We will make any refunds due to you as soon as possible. If you are 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 clause 9.2.

   2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

   3. Our rights to end the contract

1. 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;

2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services;

3. You do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

4. You do not, within a reasonable time, allow us access to your premises to supply the services.

2. 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 2 WEEKS 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.

1. If there is a problem with the product

1. If you have any questions or complaints about the product, please contact us. You can write to us at contact@everestclinic.co.uk.

5. Price and payment

1. The price of the product or service will be described in the Invoice. We take all reasonable care to ensure that the price of the product advised to you is correct.

2. Where Vat is applicable, 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. 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. Payments must be done online or done via Invoice. When you must pay depends on what product you are buying:

1. For goods, you must pay for the products when doing the purchasing online.

2. For services, such as assessments, therapy sessions and psychoeducation sessions, but not limited to those, you must make an advance payment of 100% of the price of the services, before we start providing them. You must pay each invoice within 14 calendar days after the date of the invoice, and always before the service session. The clinicians are not allowed to proceed with any assessment, therapy or psychoeducation session before the payment in full of the respective session.

3. If you think an invoice is wrong please contact us promptly to let us know.

6. Our responsibility for loss or damage suffered by you

1. 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.

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 and for defective products under the Consumer Protection Act 1987.

3. 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 only supply the products for domestic and private use and to help you in your business. If you use the products 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.

7. How we may use your personal information

1. We will only use your personal information as set out in our privacy policy.

2. We will only give your personal information to third parties where the law either requires or allows us to do so.

8. Other important terms

1. We may transfer our rights and obligations under these terms to another organisation

2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

4. 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.

5. 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.

6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.