Marketplace Terms and Conditions (between you and
the Pharmacy)
Terms relating to the purchase of prescription goods
and other NHS and non-NHS goods and services from a Pharmacy
Please make sure that you read our terms and conditions carefully
(including in particular the limitations of liability at clause 15). We encourage for your records, to read and
print or save a copy of these terms and keep them in a safe place.
1. What these terms cover
These are the terms and conditions on which a Pharmacy (“we”, “us”,
“our”) supply prescription goods and NHS and private services to you through
any application developed by PharmAppy Services Limited (“App”). When you make
a purchase, the contract is formed between you and the Pharmacy you have chosen
to purchase from, whose details can be found within the App.
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 goods 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 or require any changes, please contact us to discuss.
1. Who we are
Our
business name and contact details may be found in the orders page on the App.
If you have trouble locating our details please
contact PharmAppy at patientsupport@pharmappy.co.uk
2. How to contact us
You can contact us within the App.
3. How we may contact you
If we have to contact you we will do so within the App or by telephone
or by writing to you at the email address or postal address you provided to us
in your order.
4.
“Writing” includes emails
When we use the words “writing”
or “written” in these terms, this includes emails.
3. Our contract with you
1. How we
will accept your order
Our acceptance of your order
will take place when we accept the order on the App, at which point a contract
will come into existence between you and us on these terms.
2. If we cannot accept your order
If we are unable to accept your
order, for example because we are unable to take payment, what you’ve ordered
is unavailable, you are under 18 or live outside of the UK, or there has been a
mistake regarding the pricing or description of the goods or services, we will email
you using the details you provided when you placed the order. We have the right to reject any order for any
reason.
3. We only sell to the UK
Our website and the App is
solely for the promotion of our goods and services in the UK. Unfortunately, we
do not accept orders from or deliver to addresses outside the UK.
Where delivery is chosen, we may not be able to accept an order if the delivery
address falls outside of where we can provide delivery. We will communicate
this to you and cancel your order if this is the case.
4.
Our goods and services
1. We may offer medicines for sale through the App
Medicines are sold by us
directly and not by PharmAppy. Details of our registrations to sell medicines
can be found in the Register of authorised online sellers of medicines at https://medicine-seller-register.mhra.gov.uk.The sale of medicines in the EU is regulated by the Medicines and
Healthcare Products Agency, whose contact details in the UK are: Address: MHRA
151 Buckingham Palace Road, London SW1W 9SZ Email: info@mhra.gsi.gov.uk
Telephone: 020 3080 6000.
2. Goods may vary slightly from their pictures
Descriptions of our goods and
services are set out on the App. Please
read the descriptions carefully. Any
pictures and images listed on the App, including of packaging are for
illustrations purposes only. Your goods
and their packaging may vary slightly from those pictures or images. Although we have made every effort to display
the colours accurately, we cannot guarantee that a device’s display of the
colours accurately reflects the colour of the goods. Your goods may vary
slightly from those images.
5. Your
rights to make changes
If you wish to make a change to your order 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 goods or service, 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 - Your rights to end the
contract).
6. Listing of goods and services and making changes
1.Listing of goods and services
We are entirely responsible for listing our own goods and services and
setting our own prices, which may not be the same as its in-store price. All
prices include VAT where appropriate and prices may change over time.
2. Minor changes to the goods and services
We may change the goods and services or remove goods and services or add
new goods and services for commercial reasons or to reflect changes in relevant
laws and regulatory requirements.
3. Accuracy of goods and services information
We take care to ensure that all goods and services information available
from the goods and services listings is accurate. However, these are
continually developing and information may be out of date. Medical, commercial
and legal practice change frequently and the content on the App, in any
newsletters and in other items offering guidance have been prepared for general
interest only and are not a substitute for specific medical, legal or other
professional advice and should not be read or used as such. For accurate
up-to-date information you should contact us and/or your GP directly.
7. Providing the goods
1.
Delivery fulfilment is provided
by the Pharmacy
Where a delivery date or time slot is selected or provided, we will use
reasonable endeavours to deliver the order within the time slot and you are
obligated to receive the order during the time. Time slots are provided by the Pharmacy
and are only estimates. Neither we nor the Pharmacy guarantee that orders will
be delivered within the estimated times. The Pharmacy is not obligated to
attempt re-delivery in case you cannot receive the order.
2.
Delivery costs
The costs of delivery will be as displayed to you on the App.
3.
We are not responsible for
delays outside our control
If our supply of the goods and services 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 goods or services you have paid for but not received.
4.
Collection by you
If you have asked to collect the goods from our premises, you can
collect them from us at any time during our working hours.
5.
If you are not at home when the goods
are delivered
If no one is available at your address to take delivery and the goods
cannot be posted through your letterbox, we will leave you a note informing you
of how to rearrange delivery.
6.
If you do not re-arrange
delivery
If you do not collect the goods 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 clause 13.1(c) will apply.
7.
When you become responsible for
the goods
The goods will be your responsibility from the time we deliver the goods
to the address you gave us or you collect it from us.
8. When you own goods
You own the goods once we have
received payment in full.
9.
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 goods
and services to you, for example, a completed clinical questionnaire to sell
certain medicines. If so, this will have been stated in the description of the goods
and services on the App. 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 (and clause 13.1 will apply) or make an additional charge of a
reasonable sum to compensate us for any extra work that is required as a
result. We will not be responsible for supplying the goods and services 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.
10. Reasons we may suspend the supply of goods and services to you
We may have to suspend the
supply of goods and services to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods and services to reflect changes in relevant laws and
regulatory requirements;
(c) make changes to the goods and services as requested by you or notified by
us to you.
11. We may also suspend supply of the goods and services if you do not pay
If you do not pay us for the goods and services when you are supposed to
(see clause 13.1(a)) and you still do not make payment within 7 days of us
reminding you that payment is due, we may suspend supply of the goods and services
until you have paid us the outstanding amounts. We will contact you to tell you
we are suspending supply of the goods and services. We will not suspend the goods
and services where you dispute the unpaid invoice (see clause 14.7). We will
not charge you for the goods and services during the period for which they are
suspended. As well as suspending the goods and services we can also charge you
interest on your overdue payments (see clause 14.6).
8. Your
rights to end the contract
1. You can always end your
contract with us
Your rights when you end the contract will depend on what you have
bought, whether there is anything wrong with it, how we are performing and when
you decide to end the contract:
(a) in respect of orders for goods, you have 14 days from the delivery date to
cancel your order; and
(b) in respect of orders for services, you have 14 days from the date of
your order confirmation email to cancel your order.
2. When you don’t have the right
to change your mind
You do not have the right to cancel orders for perishable, bespoke or
personalised goods. You also lose your
right to cancel in the following circumstances:
(a) products sealed for health protection or hygiene purposes, once
these have been unsealed after you receive them;
(b) any products which become mixed inseparably with other items after
their delivery;
(c) any medicinal products which require storage and handling at certain
conditions;
(d) if you requested for us to start providing the services during the
14-day cancellation period and the services are fully performed during this
period
we have full discretion on whether a product falls into one of these
categories.
3. We will not provide services
during the 14-day cancellation period
We will not provide any services during the 14-day cancellation period
unless you request for us to do so by ticking the relevant box when you place
your order. We are under no obligation
to accept your request.
9. How to end the contract
with us (including if you have changed your mind)
1. Tell us you want to end the
contract
To end the contract with us,
please let us know by cancelling through the App.
10. Returning goods if you
cancel your order
If you cancel an order for goods and you have
already received your order, you must return the goods to us within 14
days of telling us that you want to cancel your order. The deadline is met if
you send the goods back to us before the 14-day period has expired.
We strongly recommend that you get proof of
postage. We may withhold the refund until we have received the goods back from
you or until you have provided us with evidence that you have sent the goods back
(whichever is earlier).
Goods must be returned to us in a new and unused
condition and, to the extent possible, in their original packaging. You are
responsible for the goods while they are in your possession.
Unless the goods are faulty or misdescribed, you
are responsible for the cost of returning the goods to us.
11. Refunds if you cancel your order
If you exercise your right to cancel under clause 8,
we will provide you with a refund (excluding any service charge levied by
PharmAppy) as soon as possible.
If you cancel an order for goods and have already
received goods, we will issue the refund no later than 14 days after the day we
receive the goods back from you or, if earlier, you provide us with
evidence that you have sent the goods back. Otherwise, we will issue the
refund no later than 14 days after the day on which you told us that you want
to cancel.
Your refund
will be subject to the following deductions:
(a) if you chose a delivery option that is more
expensive than the cost of standard delivery, we will only refund the cost of standard
delivery;
(b) if you handled the goods in a way beyond what
might reasonably be permitted in a shop and this resulted in a loss in value of
the goods, we may make a deduction from the refund for such loss in value; and
(c) if services have been provided during the
14-day cancellation period at your request, we will make deductions from any
refund due to you for the services we provided up to the time that you
told us that you want to cancel.
We will issue your refund to the same payment
method you used when you placed your order.
If the right to cancel does not apply because of
one of the circumstances listed in clause 8.2, you will not be entitled to a
refund unless the goods or services are faulty. See clause 12 below.
12. Faulty
goods or services
1. How to tell us about problems
If you have
any questions or complaints about the goods and services, please contact us
within the App or through email and telephone. Alternatively, please speak to
one of our staff in-store.
2. Summary of your legal rights
This is a summary of some of your key rights. They are in addition to
your cancellation rights set out in clause 8 above. For more detailed
information on your rights, visit the Citizens Advice website at
www.citizensadvice.org.uk or call 0808 223 1133.
Any goods that we provide to you must be as
described, fit for purpose and of satisfactory quality. Any services that we
provide to you must be provided with reasonable care and skill.
We are under a legal duty to supply goods and
services that are in conformity with our contract with you.
During the expected lifespan of any goods that you
have purchased from us, you are entitled to the following:
|
Up to 30 days: |
If your goods are faulty, you can
get an immediate refund. |
|
Up to six months: |
If the goods cannot be repaired or
replaced, then you are entitled to a full refund in most cases. |
|
Up to six years: |
If the goods do not last a reasonable
length of time, you may be entitled to some money back. |
If a service is not carried out with reasonable care and skill, you can
ask us to repeat the service or to fix it, or get some money back if we cannot
fix it.
13. Our
rights to end the contract
1. We may end the contract if you break it
We may end the contract for goods or services at any time by writing to
you if:
(a) you do not make any payment to us when it is due and you still do
not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us
with information that is necessary for us to provide the goods or services, for
example, personal details;
(c) you do not, within a reasonable time, allow us to deliver the goods
to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your
premises to supply the services.
1. Where to find the price for the goods and services
Prices for our goods and services (which includes VAT) will be the price
indicated on the order pages when you placed your order. PharmAppy reserve the
right to charge a service fee, which may be subject to change, for the
provision of our services. You will be
notified of any applicable service fee and taxes prior to purchase via the App.
We take all reasonable care to ensure that the price of the goods and services
advised to you is correct. However please see clause 14.3 for what happens if
we discover an error in the price of the goods or services you order.
2. We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we
supply the product, we will adjust the rate of VAT that you pay, unless you
have already paid for the goods or services in full before the change in the
rate of VAT takes effect.
3. What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the goods
and services we sell may be incorrectly priced. We will normally check prices
before accepting your order so that, where the goods and services correct price
at your order date is less than our stated price at your order date, we will
charge the lower amount. If the goods and services 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.
4. When you must pay and how you must pay
We accept payment through PharmAppy with all payment methods supported
by PharmAppy at the time. When you must pay depends on what goods or services
you are buying:
(a) for goods, you must pay in advance and in any event before we dispatch them.
We will take payment from your card before we show you your order confirmation
in the App.
(b) for services, you must pay in advance and in any event before the
service takes place. We will take payment from your card before we show you
your order confirmation in the App.
5. If we are unable to take payment
If we are unable to take payment from your card, we
will try to contact you using the contact details you provided when you placed
your order. If we are unable to contact you, we will cancel your order and
notify you by email.
6. We can charge interest if you pay late
If you do not make any payment to us by the due date we may charge
interest to you on the overdue amount at the rate of 5% a year above the base
lending rate of NatWest from time to time. This interest shall accrue on a
daily basis from the due date until the date of actual payment of the overdue amount,
whether before or after judgment. You must pay us interest together with any
overdue amount.
7. What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us
know. You will not have to pay any interest until the dispute is resolved. Once
the dispute is resolved we will charge you interest on correctly invoiced sums
from the original due date.
1. We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or
damage you suffer that is a foreseeable result of our breaking this contract or
our failing to use reasonable care and skill, but we are not responsible for
any loss or damage that is not foreseeable. Loss or damage is foreseeable if
either it is obvious that it will happen or if, at the time the contract was
made, both we and you knew it might happen, for example, if you discussed it
with us during the sales process.
2. We do not exclude or limit in any way our liability to you where it
would be unlawful to do so
Nothing in these terms excludes or limits our
liability for any death or personal injury caused by our negligence, liability
for fraud or fraudulent misrepresentation, or any other liability that the law
does not allow us to exclude or limit.
3. When we are liable for damage to your property
If we are providing services in your property, we will make good any
damage to your property caused by us while doing so. However, we are not
responsible for the cost of repairing any pre-existing faults or damage to your
property that we discover while providing the services.
4. We are not liable for business losses
We only supply the goods and services for domestic and private use. If
you use the goods 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.
We will only use your personal information as set out in PharmAppy’s
privacy policy www.pharmappy.com/privacy-policy
1. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another
organisation.
2. You need our consent to transfer your rights to someone else (except
that you can always transfer our guarantee)
You may only transfer your rights or your obligations under these terms
to another person if we agree to this in writing. However, you may transfer any
guarantee we provide to a person who has acquired the goods or, where the
product is services, any item or property in respect of which we have provided
the services.
3. Nobody else has any rights under this contract (except someone you
pass your guarantee on to)
This contract is between you and us. No other person shall have any
rights to enforce any of its terms, except as explained in clause 15.2 in
respect of any guarantee we provide. Neither of us will need to get the
agreement of any other person in order to end the contract or make any changes
to these terms.
4.
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.
5. 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. For example, if you miss a payment and we do not chase you but we
continue to provide the goods and services, we can still require you to make
the payment at a later date.
6.
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 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. Disclaimers by PharmAppy
1. Pharmacy actions and omissions:
The legal contract for the supply and purchase of goods and services is
between you and the Pharmacy that you place your order with. PharmAppy
Services Limited has no control over the actions or omissions of any Pharmacy.
Without limiting the generality of the foregoing, you acknowledge and accept
the following by using the App:
(a) PharmAppy Services Limited does not give any undertaking that
the goods and services ordered from any Pharmacy through the App will be of
satisfactory quality or suitable for your purpose and we disclaim any such
warranties.
(b) Estimated times for deliveries and collections are provided by the Pharmacy
and are only estimates. Neither Pharmappy Services Limited nor the Pharmacies
guarantee that orders will be delivered or will be available for collection
within the estimated times.
(c) PharmAppy Services Limited encourage all our Pharmacies to
accept all orders and to communicate any rejection promptly, and PharmAppy
Services Limited will notify you as soon as reasonably practicable if a Pharmacy
rejects your order. However, PharmAppy does not guarantee that a Pharmacy
will accept and fulfil all orders, and Pharmacies have the discretion to reject
orders at any time because they are too busy, due to weather conditions or for
any other reason. Pharmacies will not be obliged to deliver an order to an
address outside of their set delivery radius, which may change from time to
time.
(d) The foregoing disclaimers do not affect your statutory rights
against any Pharmacy.