END-USER TERMS RELATING TO PURCHASING PHARMACY GOODS AND SERVICES
1. Information about us and how to contact us
1. Who we are
We are PharmAppy Services Limited a company registered in England and Wales. Our company registration number is 14407492 and our registered office is at 317 Golden Hill Lane, Leyland, England, PR25 2YJ.
2. How to contact us
You can contact us by telephoning our customer service team or by writing to us at [email protected].
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.
4. "Writing" includes emails
When we use the words "writing" or "written" in these terms, this includes emails.
2. The role of PharmAppy
PharmAppy provides the technology platform (the "App") that connects you with independent pharmacies. When you purchase goods or services through the App, your contract is with the pharmacy that fulfils your order, not with PharmAppy directly. PharmAppy acts as an agent on behalf of the pharmacy to facilitate the transaction.
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: [email protected] 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.
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:
- in respect of orders for goods, you have 14 days from the delivery date to cancel the order pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and
- in respect of orders for services, you have 14 days from the date the contract was entered into to cancel the order pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, unless the performance of the services has been completed.
2. Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods or services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the goods and services or these terms which you do not agree to;
- we have told you about an error in the price or description of the goods and services you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods and services may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done wrong.
9. Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most goods and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, are explained in more detail in these terms.
1. When you don't have the right to change your mind
You do not have a right to change your mind in respect of:
- goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- any goods which become mixed inseparably with other items after their delivery;
- any medicines;
- services, once these have been completed, even if the cancellation period is still running.
2. How long do I have to change my mind?
You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind.
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:
- deal with technical problems or make minor technical changes;
- update the goods and services to reflect changes in relevant laws and regulatory requirements;
- 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).
12. 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 contacting us at [email protected].
2. Returning goods after ending the contract
If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Please contact us for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
3. When we will pay the costs of return
We will pay the costs of return if the goods are faulty or misdescribed or if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
4. How we will refund you
We will refund you the price you paid for the goods and services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
5. Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
6. When your refund will be made
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
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:
- 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;
- 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 and services;
- you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
2. You must compensate us if you break the contract
If we end the contract in the situations set out above we will refund any money you have paid in advance for goods and services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14. Price and payment
1. Where to find the price for the goods and services
The price of the goods and services (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 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 pay with all payment methods supported by PharmAppy at the time. When you must pay depends on what goods or services you are buying:
- for goods, you must pay in advance and in any event before we dispatch them. We will take payment from your card before we send you your order confirmation email.
- for services, you must pay in advance and in any event before the service is provided. We will take payment from your preferred payment method before we send 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.
15. Our responsibility for loss or damage suffered by you
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.
16. How we may use your personal information
We will only use your personal information as set out in PharmAppy's privacy policy at https://pharmappy.co.uk/privacy-policy.
17. Other important terms
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
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
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.
18. 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:
- 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.
- 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.
- 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.
- The foregoing disclaimers do not affect your statutory rights against any Pharmacy.