1 These Terms and Conditions of Sale
1.1 What these terms cover. These are the terms and
conditions on which we supply products to you, whether these are goods or
services on the www.ukmedix.co.uk website.
1.2 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 and 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
2.1 Who we are. We are UKMedix Internet Limited a
company registered in England and Wales under the trading name of
UKMedix. Our company registration number is 11372073 and our registered
office address is: Churston House, Portsmouth Road, Esher, KT10 9AD, United
Kingdom. Our registered VAT number is GB313478508.
2.2 How to contact us. You can contact us using the
following email address [email protected] or by
telephone using the following number 0203 286 3349.
2.3 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.
2.4 “Writing” includes emails. When we use the words
“writing” or “written” in these terms, this includes emails.
3 Our contract with you
3.1 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.
3.2 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 it may not be clinically appropriate to supply the product you have
ordered, because we have identified an error in the price or description of
the product or because we are unable to meet a delivery deadline.
3.3 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.
3.4 We only sell to the UK and EU. Our website is solely
for the sale or supply of our products in the UK and EU. Unfortunately, we
do not deliver to addresses outside the UK or EU.
3.5 English Language. We only provide treatment and advice in English and it will be
your responsibility to ensure that you fully understand our advice.
3.6 Emergencies. You must not use our website or services for emergencies. In
emergencies, you should consult your local doctor or the emergency department of your nearest hospital.
4 Our products
4.1 Product packaging may vary. The packaging of the
product may vary from that shown in images on our website.
5 Your right 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 (please
refer to clause 8).
6 Our right to make changes
Changes to the products and/or services
. We may change the product or our services offered on the website at any
time which may include amendments required to reflect changes in relevant
laws and regulatory requirements.
7 Providing the products
7.1 Delivery costs. The costs of delivery will be as
displayed to you on our website.
7.2 When we will provide the products. We will deliver the products that
are the subject of your order as soon as reasonably possible and in any
event within 30 days after the day on which we accept your order.
7.3 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.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to take delivery, our delivery
company will leave you a note informing you of how to rearrange delivery or
collect the products from a local depot. We will only post the products
through the letterbox without the need for a signature where you have
specifically selected this option during the ordering process.
7.5 If you do not re-arrange delivery. After a failed
delivery to you and you do not re-arrange delivery or collect them from a
delivery depot we will contact you for further instructions. If, despite
our reasonable efforts, we are unable to contact you or re-arrange delivery
or collection we may end the contract.
7.6 Automatic delivery upgrades. In some instances, we may have to
automatically upgrade your delivery method; if the shipment does not comply
with the size constraints of your chosen delivery method or your chosen
delivery method does not have adequate insurances. In these instances, we
will not charge you any more for the upgrade.
7.7 Combination of orders. In the event that two or more
orders are placed to the same address by the same account on the same day,
we may combine the orders into one single delivery. This decision is
ultimately at the discretion of the pharmacist on duty. You will not be
charged any extra fees, nor will you be re-reimbursed for the cost of the
delivery.
7.8 When you become responsible for the goods. The
products which we deliver to you will be your responsibility from the time
we deliver the product to the address you gave us.
7.9 When you own goods. You own a product which is goods
once we have received payment in full.
7.10
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, the information you are asked to give us for
the medical assessment prior to placing your order with us. If we require
additional information, we will contact you to ask for this information. We
will not be responsible for liability arising out of 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. We
will also not be responsible for liability arising as a result of any
incorrect or misleading information you have given us.
7.11 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product after an order has been
accepted by us due to a change in relevant laws and regulatory requirements
or where the supply of the product would not be clinically appropriate.
7.12 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 if we have already accepted your order. You may contact us to end
the contract for a product if we suspend it and we will refund any sums you
have paid in advance for the products that have not been supplied to you.
7.13 No right of re-supply. You agree that you will not
sell, supply or make available the products we have supplied to you to any
other person.
7.14 Mental Capacity Act 2005. You confirm that consent to care and treatment from our
website has not been sought in line with the Mental Capacity Act 2005.
8 Your rights to end the contract
8.1 Ending the contract because of something we have done
. You may be able to end a contract for a reason set out at (a) to (c)
below. Where you decide to end the contract, the contract will end
immediately and we will refund you in full for any products which have not
been provided. The reasons are:
(a) we have told you about an upcoming change to the product (please refer
to clause 6);
(b) 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;
(c) there is a risk that supply of the products may be significantly
delayed because of events outside our control.
8.2 When you don’t have the right to change your mind. You
will not be able to return any medicines which you have ordered if the
return is not for any of the reasons set out in clause 8.1 above. Please
note that the Consumer contracts (Information, Cancellation and Additional
Charges) Regulations 2013 do not apply to the sale of medicinal products
under a prescription.
8.3 How we will refund you. If you are exercising your
right to end a contract based on the reasons set out in clause 8.1, we will
refund you the price you paid for any products which have not been
despatched to you, by the method you used for payment.
9 Our rights to end the contract
9.1 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:
(a) 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;
(b) you do not, within a reasonable time, allow us to deliver the products
to you.
10 If there is a problem with the product
10.1 How to tell us about problems. If you have any
questions or complaints about the product, please contact us.
10.2 Summary of your legal rights
. We are under a legal duty to supply products that are in conformity with
this contract. Nothing in these terms will affect your legal rights.
11 Price and payment
11.1 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
clause 11.3 for what happens if we discover an error in the price of the
product you order.
11.2 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.
11.3 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.
11.4 When you must pay and how you must pay
. We accept payment with Visa, Mastercard and American Express credit and
debit cards. You must pay for the products before we dispatch them. We will
not charge your credit or debit card until we dispatch the products to you.
12 Our responsibility for loss or damage suffered by you
12.1
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.
12.2
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.
12.3 We are not liable for business losses. We only supply
the products for domestic and private use. 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, loss of sales, loss of revenue,
business interruption, business interruption, loss of business opportunity
or for any indirect or consequential loss or damage.
13 How we may use your personal information
13.1 How we will use your personal information. We will
use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) in accordance with our Privacy Policy and/or any other consents for
information that you have given us.
14 Other important terms
14.1 We may transfer this agreement to someone else. We
may transfer our rights and obligations under these terms to another
organisation.
14.2 Nobody else has any rights under this contract. This
contract is between you and us. No other person shall have any rights to
enforce any of its terms.
14.3
If a court finds part of this contract illegal, the rest will continue
in force
. 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.
14.4
Even if we delay in enforcing this contract, we can still enforce it
later
. 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.
14.5
Which laws apply to this contract and where you may bring legal
proceedings
. These terms are governed by English law and you can bring legal
proceedings in respect of the products in the English courts. If you are a
consumer and not resident in the UK, you may in some circumstances be
permitted to bring proceedings in the EU member state in which you reside.
If you are a business customer, then you agree to the exclusive
jurisdiction of the English courts.
