TERMS AND CONDITIONS
TERMS AND CONDITIONS
July 12, 2015
These terms and conditions (together with the documents referred to herein) set out the terms on which we supply any of the products ("Products"), or provide any of the consultation services ("Services"), listed on Our website www.loyalpharma.co.uk (the "Site") to you ("You" or "Your"). Please read these terms and conditions ("Terms of Supply") carefully before ordering any Products or using the Services on Our Site. You should understand that by ordering any of Our Products or using any of Our Services, You agree to be bound by these Terms of Supply.
WARNING: YOU MUST CHECK ANY ADVICE GIVEN BY OUR PANEL OF EXPERTS WITH YOUR OWN GP BEFORE TAKING OR REFRAINING FROM ANY COURSE OF ACTION OR TREATMENT. FAILURE TO DO SO COULD SERIOUSLY DAMAGE YOUR HEALTH.
The information on Our Site is not intended to be relied upon by You in making (or refraining from making) any decisions regarding Your health or wellbeing (in isolation) and We strongly recommended that You consult your general practitioner or a professional medical advisor if You are unsure how this information or the Products will affect Your health or You feel any ill effects from using the Products. Due to the unpredictable nature of illnesses and/or medical conditions and/or treatments it is impossible for Us to give any warranty and/or any guarantee of any outcome of any proposed treatment and/or advice given.
Please click on the button marked "I Accept" where indicated if You accept these Terms of Supply. If You refuse to accept these Terms of Supply, You will not be able to order any Products from, or use any Services on, Our Site.
You should print a copy of these Terms of Supply for future reference.
1.INFORMATION ABOUT Us
1.1The Site is operated by Loyal Healthcare LTD("We", "Us" or "Our"). We are registered in England and Wales with Company No: 09175472 and with Our registered office at 43 Upper Queen Street, Rushden, Northamptonshire, NN10 0BT
VAT number is: 201389435
1.2We are regulated by the General Pharmaceutical Council under GPhC number 1126129. Further details of Our registration can be found on the General Pharmaceutical Council website.
2.1The images of the Products on Our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, We cannot guarantee that Your computer's display of the colours accurately reflects the colour of the Products. The Products We send You may vary slightly from those images.
2.2The packaging of the Products may vary from that shown on images on Our Site.
All Products shown on Our Site are subject to availability. We will inform You by e-mail when We are able to confirm that We can accept Your order, or alternatively where such a Product is not available We will not process Your order request.
3.1Should You choose to use Our online consultation Services, it is very important that the information You provide on Your consultation form is accurate and that You disclose all relevant facts and Your complete medical history as this could affect the advice You are given.
3.3We facilitate the provision of advice to You from a panel of qualified medical experts, including doctors, pharmacists and dispensary assistants. The advice we obtain is based wholly on the information You provide. In most cases You should expect to receive a response within 2 working days. However, We are dependent on assessment by a panel of experts and third party computer and communications systems which may affect response times.
4.1You should be aware that information captured via Our Site will be viewed by Our pharmacy and medical team. Please read the patient advice slip inside the prescription pack carefully.
4.2No information will be passed to any other person except for:
disclosure for the prevention of crime;
in accordance with the law;
compliance with the direction of any regulatory or governing bodies; or
for the purposes of preventing injury or harm to You as the data subject.
5.USE OF OUR SITE
5.1Our Site is a place for You to select and order certain Products or use Our Services. Our Site describes the Products and Services in more detail.
Our Site is intended for use by people resident in the United Kingdom and Europe. Those who choose to access the Site from outside the United Kingdom are responsible for ensuring compliance with any applicable local laws of that country to the extent local laws may be applicable.
5.2Please note that Our Site is available only to individuals that can form legally binding contracts under applicable law. Although the contents of Our Site are aimed at all users, You must be over 18 years of age to purchase the Products or use Our Services. If You do not qualify You must leave Our Site immediately. By placing an order request, You confirm that You are at least 18 years of age, or older if so required under any applicable law in Your jurisdiction.
5.3As a consumer, You have legal rights in relation to Products that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms of Supply will affect these legal rights.
5.4When registering to use Our Site, You will be asked to provide details of any medical conditions that You suffer from, along with any details of any illness You may be suffering from or any ill feeling You may be experiencing on a regular basis ("Medical Details"). You must keep us informed of any changes to Your Medical Details by email, and each time you place a new order by adjusting the consultation form that you complete during the purchase procedure.
6.HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1When ordering a Product You will automatically be taken through the purchase procedure. Details of Our prices for the Products and the procedures for payment and delivery are displayed on Our Site.
6.2Our order process allows You to check and amend any errors before submitting Your order request to Us. Please take the time to read and check Your order at each stage of the order process. Please note that You will only be able to order Products which are required for medical conditions included in Your Medical Details. Once We have verified Your identity and reviewed Your Medical Details, Our panel of experts, formed of mainly pharmacists but even doctors if necessary , will be able to determine whether a Product is required by You. We reserve Our right to refuse Your order for a Product in the event that one of Our panel of experts recommends that such Product is not appropriate for You.
6.3After You place an order request, You will receive an e-mail from Us acknowledging that We have received Your order request. However, please note that this does not mean that Your order request has been accepted. Your order request constitutes an offer from You to Us to buy a Product and/or Service from Us. All requests are subject to acceptance by Us, which will take place as described in clause 6.5.
6.4On receipt of an order request for a Product on Our Site, We will:
send Your order request to one of Our qualified doctors for review against Your Medical Details;
if the doctor approves Your order request, a prescription is created and sent to Our dispensary. If the doctor does not approve Your order request, then Your order will be cancelled and We will notify You of this cancellation by email; once a prescription for Your Products has been created, this will again be reviewed by a pharmacist against Your Medical Details; as with the doctor, the pharmacist may approve or refuse Your order for Products, at their sole discretion. Providing that the pharmacist approves Your order for Products, Your prescription will be forwarded to the dispensary assistant for dispensing. If Your order is not approved by the pharmacist We will notify You of the cancellation of Your order by email; the dispensary assistant will review Your order one final time to check for accuracy. The dispensary assistant will also check that You have not ordered Products before the previous prescription period for the same Product has expired. In the event that You have ordered Products early, We will hold such Products until such a time as the previous prescription period has expired and send the new Products to You as soon as possible after this date; and if Your order is approved by all of our experts, the Products will be sent to You in accordance with clause 7 below.
6.5Please note that at any stage in this purchase procedure We may require additional information from You, in order to process Your order. In such event, We will send You an email outlining the further information required. Processing of Your order will be delayed by the amount of time that You take to respond to Our email for additional information.
6.6We will confirm Our acceptance of Your order by sending You an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Dispatch Confirmation will also contain a postal tracking number for Your Products. The legal contract between You and Us ("Contract") will only be formed when We send You the Dispatch Confirmation.
6.7You may request a change to Your order between Your order request and Dispatch Confirmation. In the event that You request any changes to Your order after an order request has been submitted, You may be liable (at Our sole option) to pay an administration fee of £5 to cover reasonable costs incurred by Us in changing such order request.
7.DELIVERY AND DELIVERY CHARGES
7.1Where Products are out of stock or otherwise not available, We will endeavor to source and dispatch the Products within 3 - 5 working days. When We have the Product in stock, We will send a Dispatch Confirmation and thereafter dispatch the Product as outlined in clause 6 above.
If We are unable to supply You with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on Our Site as referred to in clause 9, We will inform you of this by e-mail.
Where Products are no longer available or incorrectly priced, then We will not process Your order request.
7.2Deliveries will usually be made by Parcel Force, although Royal Mail may be used at our discretion:
7.3UK deliveries with Royal Mail are for special next working day delivery if ordered before 12:00 on a weekday. Saturday guaranteed delivery can be arranged at an additional cost;
under normal circumstances UK deliveries with Parcel Force will take between 1 - 2 days from Dispatch Confirmation; and the approximate time of shipment to European countries and the rest of the world is 3 - 5 days with Royal Mail and between 2 - 8 days with Parcel Force.
We do not currently ship outside of Europe.
We are unable to send liquids or aerosols abroad.
New EU Regulations as of July 2015:
Due to new EU Regulations on the export of controlled substances, we are unable to send any product containing the following ingredients outside of the UK Mainland:
United Kingdom (including Northern Ireland)
There is a small delivery charge of £3.19 on all orders sent 2nd Class and £3.49 on 1st Class and £4.99 for 1st Class Recorded delivery. We offer free Second Class delivery on all orders above £40 for customers who purchase using our website. To qualify for free 1st Class delivery, you must spend over £70. Our delivery charge includes packaging and handling in addition to postal costs, which we pay to Royal Mail on your behalf. NHS Prescription orders are delivered free of charge. Private Prescription items will incur a £3.99 postage fee for 1st Class and £3.49 for Second Class.
All orders received before 10:00am will usually be dispatched to you within one - three working days anywhere in the UK (there may be delays to the Isle of Man and the Scottish Islands). Orders for large quantities, heavy orders, special requests or disability aids may take up to 7 working days to be dispatched.
Royal Mail handle the majority of our deliveries. All orders containing medicines require a signature on delivery. You can also arrange for your order to be delivered to alternative addresses including your office, members of your family or your local post office.
Due to restrictions on the carriage of flammable items, orders containing multiple aerosols will be sent via our courier DX. These orders require a signatue on delivery. If the customer is not available a card will be left and redelivery can be arranged for an alternate day free of charge.
Please note that deliveries are made to the delivery address you supply to us. Re-despatch of any returned orders will incur an additional delivery charge.
NHS Prescription orders are delivered free of charge.
If an item is returned to us as uncalled for by Royal Mail, we will refund the items minus the standard £3.49 postage fee even if you had free postage.
1st Class and 1st Class Recorded delivery can take 1-3 working days from time of dispatch and 2nd Class delivery can take 2-5 working days from time of dispatch. A recorded service does not speed up the actual delivery time, but it does mean that the item will require a signature on arrival.
Heavy Parcels to United Kingdom Islands (including Channel Islands, Isle Of Man, Isle Of Wight, Shetland Islands, and Northern Ireland)
When buying heavy goods or buying in bulk we may have to charge additional postage fees per item on top of our standard postage cost. This Is due to the added cost to us of posting heavier items. On these items the "free postage" may also be waived.
We are unable to send liquids or aerosols abroad.
We are able to supply orders to most countries worldwide. Delivery charges will depend on the weight of your order and the destination and we will confirm the delivery charge at the checkout page, before you confirm payment of your order. All orders are sent by air recorded delivery and a signature will be needed upon receipt of your goods. Certain individual countries place restrictions on the types of products that may be posted into them we can not be held responsible if the goods are seized by customs.
Certain individual countries place restrictions on the types of products that may be posted into them (including aerosols or liquids) and we can not be held responsible if the goods are seized by customs or returned to Loyal Pharmacy. In this instance delivery charges will not be refunded.
Under UK law we are only able to dispense prescriptions written by practitioners who are registered in the UK.
Due to FDA regulations and US Customs we cannot guarantee supply of any medicines to the US or Canada. Please read our terms & conditions.
Waste Electrical and Electronic Equipment Directive
United Kingdom is under an obligation to minimise the disposal of Waste Electrical and Electronic Equipment (WEEE) in domestic waste and encourage recycling, recovery and environmentally sound disposal. Items showing the crossed out bin symbol should not be thrown away with normal rubbish and should be disposed of properly.
Loyal Pharmacy is committed to promoting the reuse, recycling and recovery of WEEE by contributing to the appropriate compliance schemes. Certain electrical items should not be disposed of in domestic waste but disposed of through an approved WEEE take back scheme. For details of your local collection facilities, please contact your local authority or visit www.recycle-more.co.uk.
As our contribution to helping the environment we offer a free take back scheme. Take back schemes are important as some items can contain hazardous substances which can be damaging to the environment and human health. If you wish to purchase an electrical item from us and would like us to dispose of your old item in an environmentally friendly way, please contact us.
To return your items please post them to:
1 Manor Court ,Church Lane
Items are only accepted on a 'like-for-like' basis. For example, when purchasing straighteners we will dispose of your old ones for you.
Cancellations & Return of Unwanted Items
It is your responsibility to contact Loyal Pharmacy by email or phone to advise us of your intention to return or exchange any item(s) within 7 days of receipt of them. After this date, it falls solely within the discretion of Loyal Pharmacy if a return or exchange will be accepted. Once notified, all items should be received at Loyal Pharmacy within 30 days from the date of delivery for this condition to apply. Please note that, once opened and or used, products cannot be returned to us for a refund. In addition products of a medicinal, cosmetic or personal care nature cannot be returned due to reasons of hygiene. We will not refund your order unless the item/(s) are in saleable condition upon return. You will be liable for the cost of returning items to us. Your statutory rights are not affected.
We cannot accept returns for any Prescription Medicines.
Where the Product(s) is faulty or not as described, You must inform Us in writing and return the Product(s) to Us immediately. In this instance You may be entitled to a refund in accordance with Our Refunds Policy set out at clause 13 below.
12.3We will arrange for You to return the faulty Product(s) to Us at Our sole cost.
In the event that You cancel an order before Dispatch Confirmation, You may be liable to pay to Us an administrative fee of £15 to cover reasonable overheads that have been incurred by Us. In the event that We have attempted to contact You for further information, and have not received such further information, We may (at our sole discretion) cancel Your order and charge You the fee set out in this clause 12.5. If We cancel an order request for any other reason there will be no administrative fee payable by You of any kind.
13.OUR REFUNDS POLICY
13.1Where You return a Product, because it is faulty or not as described, We will examine the returned Product to determine whether a refund is available and We will notify You as such via e-mail within a reasonable period of time. We may also arrange for a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to Us.
We will either refund any money received from You using the same method originally used by You to pay for Your purchase or We will contact You to arrange the refund.
We will usually process any refund due to You as soon as possible and, in any case, within 30 days of the day We confirmed to You via e-mail that You were entitled to a refund for delivery of the defective Product.
13.2 If You have any complaints, You should direct them to Us via email.
14.HOW WE USE YOUR PERSONAL INFORMATION
We warrant to You that We have used Our reasonable endeavours to ensure that any Products purchased through Our Site are of satisfactory quality.
We warrant to you that any Services provided through Our Site will be provided to a standard commensurate with a competent provider of similar services.
We do not limit in any way Our liability:
for death or personal injury caused by Our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; under the Consumer Rights Act 2015; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
In the event that You use Our Site, and therefore order any Products or Services, for any commercial or business purposes, We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
16.OUR RIGHT TO VARY THESE TERMS OF SUPPLY
16.1We have the right to revise and amend these Terms of Supply from time to time. It is Your responsibility to ensure that You re-familiarize yourself with these Terms of Supply periodically to ensure that You are aware of any revisions or amendments which may have been made by Us from time to time.
16.2You will be subject to any policies or terms and conditions in relation to Your use of Our Site in force at the time that You order Products and/or Services from Us, such policies or terms and conditions will be available for You to review on Our Site, unless any change to those policies or these Terms of Supply is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these Terms of Supply before We send You the Dispatch Confirmation (in which case We have the right to assume that You have accepted the change to these Terms of Supply, unless You notify Us to the contrary within seven working days of receipt by You of the Products).
Applicable laws require that some of the information or communications We send to You should be in writing. When using Our Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our Site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your legal rights.
All notices given by You to Us must be given to White Pharmacy Limited via email. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in clause 17. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
19.EVENTS OUTSIDE OUR REASONABLE CONTROL
19.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms of Supply that is caused by any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or a failure of public or private telecommunications networks ("Event Outside Our Reasonable Control"). If an Event Outside Our Reasonable Control takes place that affects the performance of Our obligations under these Terms of Supply, including supplying You with Products or Services: (i) Our obligations under these Terms of Supply will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Reasonable Control; and (ii) We will use Our reasonable endeavours to find a solution by which Our obligations under these Terms of Supply may be performed despite the Event Outside Our Reasonable Control.
19.2If an Event Outside Our Reasonable Control continues for a period of more than 5 working days, You may (at Your sole discretion) cancel any Contract that may have been formed for Products. Or alternatively cancel any order request that You may have submitted prior to this point. You may also simply require Us to fulfil Our obligations and supply You with the Products or Services as soon as reasonably practical.
19.3Subject to clause 19.2 above, Our obligations under any Contract are deemed to be suspended for the period that the Event Outside Our Reasonable Control continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Event Outside Our Reasonable Control to a close or to find a solution by which Our obligations under the Contract may be performed despite the Event Outside Our Reasonable Control.
20.OTHER IMPORTANT TERMS
20.1You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it or these Terms of Supply, without Our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it or these Terms of Supply, at any time during the term of the Contract.
20.2If any of these Terms of Supply or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.3If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 17 above.
Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
These Terms of Supply and any documents expressly referred to herein represent the entire agreement between You and Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and Us, whether oral or in writing.
22.LAW AND JURISDICTION
Contracts for the purchase of Products or Services through Our Site will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with Contracts for the purchase of Products or Services, or their subject matter or formation (including non-contractual disputes or claims), AND THAT either party shall be entitled to enforce any such judgment in any other jurisdiction as appropriate.