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Terms & Conditions

 

Terms of use for this website


This page (together with our Privacy and Cookies Policy and Acceptable Use Policy) tells you information about us and the legal terms and conditions (“Terms”) on which we make available products (“Products”) and services (“Services”) from our website, www.mychemistplus.co.uk, (“our site”) to you.
Our site facilitates your access to an online clinical questionnaire, which forms part of an online consultation with a registered prescriber, further to which you may be issued with a private prescription for certain (“Prescribed Medicine”).

These Terms also govern the ownership and use of any materials, documentation and intellectual property rights belonging to us or any of our Associates (“Material”).
Please read these Terms carefully and make sure that you understand them. Before you purchase any Products or Services or are issued with a prescription for a prescribed medicine on our site, you will be asked to agree to these Terms and Conditions. If you refuse to accept these Terms, you will not be allowed to purchase any Products (including Prescribed Medicines) or Services from our site.
Information about us:
We are Pharmahealth Plus LTD, a company registered in England with company number 09996857 and our registered office at 327 Halliwell Road, Bolton, England, BL1 3PF (the “Company”, “we” or “us” ). Our VAT number is 244142044.
We are responsible for operating our site.

We work with selected third-party suppliers (“Associates”), including pharmacist independent prescribers (“Prescribers”) and registered pharmacy’s (“Pharmacy’s”), who are responsible for providing the products and/or services through our site and may have their own terms and conditions. You should review and accept such terms and conditions prior to purchasing any products or services.

Our site will be regularly updated and will prominently display the following details:

The Pharmacy’s (including any Associate’s) GPhC registration number


The name of the owner of any Pharmacy (including any Associate) that supplies Prescribed Medicines via our site


The name of the Superintendent Pharmacist of any Pharmacy (including any Associate) that supplies Prescribed Medicines via our site


The name and physical address of any Pharmacy (including any Associate) that supplies Prescribed Medicines via our site


The email address and phone number of any Pharmacy (including any Associate) that supplies Prescribed Medicines via our site.


Information about how to check the registration status of any Pharmacy and its superintendent pharmacist (including for any Associate) that supplies Prescribed Medicines via our site


Details of how users of the pharmacy services provided by any Pharmacy (including any Associate) that supplies Prescribed Medicines via our site can give feedback and raise concerns

The name of the Prescriber (including any Associate) and the address of the prescribing service


The Prescriber’s (including any Associate’s) registration number and the country they are registered in

Whether the Prescriber (including any Associate) is a Doctor or a Non-Medical Independent Prescriber – for example, a Pharmacist

Information about how to check the registration status of the Prescriber (including any Associate).
Contacting us:

The easiest way to contact us is by email. Please include your order number or account details to help us to identify you.

Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us or any Associate by way of onscreen message, notification, prompt field or other communication or information provided to you via our site or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.


Communication and security:

By accepting these Terms, you are communicating with us electronically and, in doing so, you are deemed to consent to receiving communications from us or our Associates electronically. Electronic communications include, but are not limited to, emails, notifications, alerts, prompts, disclosures and information fields or other information provided via our site. You agree that any electronic communication made to you by us is sufficient to satisfy any legal requirement that such communication be made to you in writing.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at [email protected]


How we use your personal information


The use of your personal information is subject to our Privacy and Cookies Policy. Please ensure that you have read and understood our Privacy and Cookies Policy before purchasing any Products or Services.

We will not use any of your personal information for any purpose other than those contained within our Privacy and Cookies Policy and as set out below.

We will use the personal information you provide to us in order to:
verify your identity.

enable Associates to provide you with Products and/or Services.

facilitate payments and refunds for Products and/or Services.

enhance and improve the quality of Products and/or Services that we provide.

comply with requests made by regulatory bodies and/or as otherwise required by law.

provide relevant information to your GP or other regular healthcare providers; and/or

for the prevention of fraud and/or other relevant criminal offences.

We use various verification services in order to check your details, which are checked against multiple sources. By agreeing to these Terms and Conditions you are giving us permission to make such checks. If we cannot verify the information you have provided using these checks, we will contact you for further information.


You give your consent for information about yourself, your health and your current medications including, but not limited to, the information you divulge as part of the online consultation and clinical assessment to be viewed and exchanged by and between us and our employees and Associates for the purpose of supplying Products and/or Services to you.


We may make changes to these Terms or our site


We may amend these Terms from time to time.


Every time you wish to use our site, please check these Terms to ensure that you understand the terms and conditions which apply at that time.

We may revise these Terms from time to time to reflect the following circumstances:

changes in relevant laws and regulatory requirements; or

(e)where we, in our absolute discretion, deem it necessary or desirable.


Notwithstanding clause 5.a, if we revise these Terms, we will endeavour (but without obligation) to contact you to advise you of the changes. We may also update and change our site from time to time to reflect changes to the Products and/or Services, our users’ needs and our business priorities.


Linking


Links to third party websites on our site are provided solely for your convenience. If you use such links, you leave our site. We have not reviewed these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results which may be obtained from using them. If you decide to access any of the third-party websites which are linked to our site, you do so entirely at your own risk.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site, other than as set out above,

please contact [email protected]

Cancellation by you


a) You can cancel a request for a Product or Service with immediate effect at any time up to the point of dispatch by giving us written notice if:
b) Your right to cancel a request for a Product or Service ends on the date of the dispatch confirmation (the date on which we notify you to confirm our acceptance of your request for a Product or Service), which is when the contract between us is formed.

Refunds – limitations


We hope that you will be happy with any Product that you order from us. However, in the event that you wish to return a Product to us because it is:

not as described.

not fit for purpose; or

damaged or faulty,

we will refund the price of the Product in full together with any applicable delivery charges and any reasonable costs that you incur in returning the item to us.

a) We will refund you by the payment method that you used to pay. If the card that you used to pay with expires before the refund is made, please call us to provide your new card details.
b) You will not be entitled to a refund arising from:

the unavailability of any Associate where our site is functioning, and an alternative Associate is available.

a temporary interruption in the Service; or

any interruption in the Service through no fault of the Company.

8) By accepting these Terms, you agree that Associates may differ in their clinical opinions and, provided that any consultation and/or online clinical assessment is undertaken in good faith by an Associate, you will not be entitled to any refund in respect of any Service provided.
9) You will not be entitled to receive any refund in relation to any Service where the provision of such Service is restricted because of:
a) your absence.
b) insufficient or variable network connectivity.
c) a negligent act or omission by you; or
d) through no fault of the Company.


Other than as set out in these Terms, you cannot return any Prescribed Medicines – this is for safety reasons and we are not authorised to re-sell returned medication. If you have any unwanted or unused medication, you can take it to a local pharmacy, and they will dispose of the products safely.


You cannot return an item after 30 days from the date of delivery.


Cancellation by us


e) We may from time to time have to cancel a request for any Product or Service before the provision of such Product or Service has commenced, due to any one of the following:

an Event Outside Our Control or

the unavailability of any Associate or Material, without which we are unable to provide the Product or Service.

In the event that any Product or Service becomes unavailable, we will notify you as soon as is reasonably practicable in writing.

If we cancel a request for a Product or Service pursuant to clause 1 and you have paid in advance, but the Product or Service has not yet been provided to you, we will provide you with a full refund.

We may cancel a request for a Product or Service at any time with immediate effect by giving you written notice if:

you do not pay us when you are required to; or

you are otherwise in breach of these Terms and you do not remedy your breach within 7 (seven) days of us asking you to in writing, or sooner if reasonably required.

From time to time, we will request certain information from you, which may be confidential and/or covered by data protection legislation, for example, details of any medical conditions. If you do not provide us with this information, or you provide us with incomplete, misleading or incorrect information, we may suspend the provision of the Services or the supply of the Products by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us and we will not be obliged to provide you with any refund in such circumstances.

Unacceptable Use

We reserve the right to deny you access to our site, or terminate the provision of Products and/or Services, including removal of your account and information, immediately upon notice, where we determine that you have been abusive or have behaved in an inappropriate manner towards any Associate or any employee or agent of the Company, including:

using foul language, threatening, inappropriate, abusive, offensive behaviour or remarks.

engaging in any behaviour believed to be time-wasting; or

using the Services or purchasing Products excessively, as determined in our reasonable opinion.


We may suspend or withdraw our site


a) Our site is made available to you free of charge.


b) We do not guarantee that our site or any Material on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business and/or operational reasons. We will try to give you reasonable notice of any such suspension, withdrawal or restriction.

c)You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, including those of our Associates, and that they comply with them.

Delivery of Products

a) Products will be delivered directly to an address of your choosing. We will inform you of any delivery costs at the time you indicate that you wish to purchase a Product and the expected date and time for delivery.

b) Prescribed Medicines will be charged per item prescribed at the price stated on our site at the time of dispensing.

Display and availability of Products

a) Although we make reasonable efforts to update the information on our site, including descriptions of any Product or Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
The images of the Products on our site are for illustrative purposes only.

b) Products may vary from the images on our site and we accept no responsibility for any reliance that you may place on the accuracy of the images used on our site.

c) The packaging for the Products may vary from time to time to that shown on images on our site.

d) All Products shown on our site remain at all times subject to availability. If the Product you have requested is unavailable, we will notify you as soon as possible and we will refund your payment promptly.


Price of Products and Services

The price of each Product or Service will be as quoted on our site at the time you submit your request for such Product or Service. We take all reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto our site.

Prices for Products or Services may change from time to time, but changes will not affect any request for a Product or Service which you have made prior to the change.

The price of a Product or Service includes VAT (where applicable) at the applicable current rate chargeable in the UK.

The price of a Product does not include delivery charges, which shall be as stated on our site before you submit your request for a Product.

Our site contains a large number of Products and Services. It is always possible that, despite our best efforts, some of these Products or Services may be incorrectly priced. We will normally check our prices as part of our dispatch procedures so that:

where the Product’s or Service’s correct price is lower than the price stated on our site, we will charge the lower amount when providing such Products or Services to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide such Products or Services to you at the incorrect (lower) price; and

if the Product’s or Service’s correct price is higher than the price stated on our site, we will notify you as soon as possible to inform you of this error and we will give you the option of continuing to order the Product or Service at the correct price or cancelling your request for a Product or Service. We will not process your request until we have received your instructions.

Making payment

Payment for all Products, Services and delivery charges must be made at the time you submit your request for a Product or Service.

Payment for Products or Services can be made by debit or credit card, by being redirected to our merchant “VIVA WALLET” on their 3d secure platform.

You are responsible for providing valid payment details. We reserve the right to not provide Products or Services to you if your payment details have expired or are invalid. In such cases, we will attempt to contact you to enable you to provide updated information.

Payments are provided on a ‘continuous authority’ basis, allowing for further payments or refunds to your payment card if necessary.

To ensure that your chosen payment method is not being used without your consent, the merchant “VIVA WALLET” will validate your name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information that you have provided may be disclosed to a registered credit reference agency, which may keep a record of that information. This is done only to confirm your identity. A credit check is not performed, and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with current and applicable data protection legislation.


Our liability to you


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, subcontractors or Associates and for fraud or fraudulent misrepresentation.

We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with any request that you make for a Product or Service.

Subject to clause 1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Products or Services shall be limited to the amount paid by you in respect of such Product or Service.

Our site is not designed and is not suitable for the treatment and/or management of a medical emergency or any acute condition or condition that would otherwise warrant analysis, diagnosis or treatment in person or where analysis, diagnosis or treatment would be required on an urgent basis.

We will take all appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and our obligations under law as a data controller, we shall not be responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise.

We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that our site or any notification sent by us to you will be free of viruses or other harmful components.

We do not accept any liability or responsibility for the actions or omissions of any third party, including Associates.

We only supply Products and Services for domestic and private use. You agree not to use the Products or Services for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use such Products or Services otherwise than in accordance with these Terms.

Prescribed Medicines are supplied further to a consultation with a Prescriber in accordance with information you provide to us and to our Associates through online clinical questionnaires that are made available on our site. We are not liable for any loss or damage from your use of any Prescribed Medicine if you supply incorrect, misleading or incomplete information.

We are not liable for loss or damage, which arises from your failure to inform your GP or other healthcare professional about any Products or Services which you request from our site.

We are not liable for any loss or damage, which results from your failure to follow advice given on our site.

You accept that the advice provided through our site does not replace the advice provided to you by your GP or other healthcare professional and that you should consult with your GP or other healthcare professionals on the Products and/or Services which are supplied through our site.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an “Event Outside Our Control”, as defined in clause 2.

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that substantially affects the performance of our obligations under these Terms:


we will contact you as soon as reasonably possible to notify you; and

our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the supply of Products to you, we will arrange a new collection or delivery date with you after the Event Outside Our Control has expired.

You may cancel a request for a Product or Service if an Event Outside Our Control, persists for a period of not less than 7 (seven) days. To cancel your request, you must notify us in writing, subject to clause 2.

We may cancel a request for a Product or Service if an Event Outside Our Control persists for a period of not less than 28 (twenty-eight) days.

Your obligations

Important: If you provide false, inaccurate, incomplete or misleading information at any time when using our site or consulting with our Associates, you acknowledge that it is possible that a prescription may be issued based on such information, which could have severe or even potentially life-threatening consequences. By using our site and consenting to these Terms, you agree not to provide false, inaccurate, incomplete or misleading information at any time. To do so would be a breach of these Terms.

By accepting these Terms, you agree that:

all information which you provide to us and to our Associates will be a fair and accurate reflection and will not omit anything of material importance.
should you become aware that any information relating to your medical records, tests or prescriptions is inaccurate or incomplete, you shall bring it to our attention promptly.

you will ensure that you comply wherever possible with all instructions, advice and treatment provided to you by any Associate.

you will inform your GP or other healthcare professionals about Prescribed Medicines which has been supplied and advice given to you through our site.

if, through your use of our site, you have any doubts, or concerns relating to any information, advice or instructions, which have been provided to you or failed to be received by you via the Services, or relating to your health, or any conditions, you will seek further independent medical opinion as soon as is reasonably practicable from an alternative healthcare professional and/or shall utilise the emergency services as applicable.

you will comply with any instructions (including but limited to route, timing and dosage) given to you by an Associate in relation to any Prescribed Medicine.

you will report any side effects of any Prescribed Medicine as soon as reasonably possible.

you will not register or attempt to register on behalf of any other person for access to our site nor will you provide information in response to an online clinical assessment on behalf of any other person nor represent yourself to be any other person; and

you will not register or attempt to register with our site more than once.

Intellectual Property

Any content used by us on our site and all Materials are subject to protection by copyright, trademarks, database rights and other intellectual property rights.
You agree that you shall not interfere with any copyright or proprietary notices on our site.

You acknowledge that you shall not at any time acquire any rights in the copyright or any other intellectual property rights in any Materials, content or any other documents or items provided through our site.

You shall be entitled to use the content, materials, documents and other information for your own personal use and in connection to receiving the Services from us, but you shall not be entitled to make copies, edit, alter or distribute, nor shall you make any materials or information referred to in this clause available through a file-sharing network or facilitate or allow any other person to do the same.

All content available and included on our site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property or of our content suppliers and is subject to protection by copyright and other intellectual property rights. The collective use of all content on our site is our sole and exclusive property. Any software used on our site is our property or our software suppliers and is subject to protection by copyright and other intellectual property rights.

International Use

Our site may be accessed from outside of the United Kingdom. However, our site must not be used under any circumstances where the law of any other jurisdiction would govern the use of our site.

We cannot guarantee that any Materials on our site are suitable for use in all locations outside the United Kingdom, nor will we guarantee that the use of such Materials will be compliant with the governing laws in those locations outside of the jurisdiction of England.

Accessing our site from territories where its contents are illegal or unlawful is prohibited under these Terms. We accept no responsibility whatsoever and however incurred for any even arising from your use of our site from locations outside the United Kingdom.

Disputes

Any dispute or claim arising under these Terms must be notified to us in writing within 7 (seven) days of such dispute or claim arising. Such notice must set out full particulars of the dispute or claim to enable us to know and understand what it relates to. Any failure by you to give written notice within such time limit will prevent you from making such claim.

In the event that a dispute arises in connection with any provision contained within these Terms, we and you each agrees to seek resolution of the dispute.

If the dispute cannot be resolved within 60 (sixty) days of the initial notification of a dispute by either party, we each agree to attempt to settle it through mediation in accordance with the

Centre for Effective Dispute Resolution Model (“CEDR”) Mediation Procedure.

Unless otherwise agreed between the parties, the mediator will be selected by CEDR.

To initiate the mediation, either party must give the other written notice (“ADR Notice”) requesting the mediation. A copy of the request should be sent to CEDR.

The mediation will start not less than 60 (sixty) days from the date of the provision of the ADR written notice.

The parties irrevocably agree that neither party may commence any court proceedings in relation to any dispute arising out of any matter relating to these Terms until it has first attempted to settle the dispute by mediation and either the mediation has been terminated or the other party has failed to participate in the mediation for a period of not less than 30 (thirty) days from the date of the commencement of the mediation.

Other important terms

Each clause of these Terms operates separately. If any court or relevant authority decides that any clause or sub-clause is unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are governed by the laws of England. This means that any dispute or claim arising out of or in connection with these Terms will be governed by English law. By accepting these Terms, you irrevocably agree that the courts of England will have exclusive jurisdiction.

Your Consumer Rights

Consumers have legal rights in relation to Products and/or Services that are faulty or not as described. You can obtain advice about your legal rights from your local Citizens’ Advice Bureau or Trading Standards Office. These Terms do not affect your statutory rights.

When you request a Product and/or Service through our site, you will receive written acknowledgement from us. This acknowledgement, however, will be subject to acceptance by us or the applicable Associate.

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