Terms of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.PharmAssured.co.uk (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.


1.    INFORMATION ABOUT US
1.1    www.PharmAssured.co.uk is a site operated by PharmAssured Limited trading as PharmAssured (we).  We are registered in England and Wales under company number: 06625695 and with our registered office at 40 Vicarage Road, Edgbaston, Birmingham B15 3EZ.  Our VAT number is 935875869.
1.2    We are regulated by the Royal Pharmaceutical Society of Great Britain ("the Society") and comply with the Society's Code of Ethics and Professional Standards and Guidance for Internet Pharmacy Services.


2.    SERVICE AVAILABILITY
Our site is only intended for use by people resident in the England, Wales, Scotland and Northern Ireland ("the Serviced Countries").  We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries.  These restrictions can be found on our Serviced Countries page.  Please review our Serviced Countries page before ordering Products from us.


3.    YOUR STATUS
By placing an order through our site, you warrant that:
(a)    You are legally capable of entering into binding contracts;
(b)    You are at least 18 years old;
(c)    You are resident in one of the Serviced Countries; and
(d)    You are accessing our site from that country.


4.    HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1    After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. 
4.2    The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.


5.    OUR STATUS
5.1    We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.


6.    CONSUMER RIGHTS
6.1    If you are contracting as a consumer, you may cancel a Contract at any time within 28 days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10  below). 
6.2    To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3    An explanation of how to return Products is set out at clause 13 below.


7.    AVAILABILITY AND DELIVERY
7.1    Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.  This will usually be within 2 working days of your prescription being dispensed.
7.2     We will not be held responsible for lost parcels caused due to an incorrect delivery address entered by the customer. Delivery address cannot be changed once the order has been shipped. PharmAssured are unable to refund courier delivery charges. Courier delivery does not guarantee next day delivery. In the event of the parcel not being delivered next day, delivery charges will not be refunded. We do not dispatch to addresses outside the Serviced Countries.


8.    RISK AND TITLE
8.1    The Products will be at your risk from the time of delivery.
8.2    Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.


9.    PRICE AND PAYMENT
9.1    The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 
9.2    These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
9.3    Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4    Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product“s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5    We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6    Payment for all Products must be by credit or debit card.  We accept payment with all major credit and debit cards.  We will not charge your credit or debit card until we despatch your order.
9.7    RRP is an abbreviation of Recommended Retail Price.  RRP prices are displayed to highlight normal high street prices.  We endeavour to manually check RRP prices periodically but cannot guarantee they are 100% accurate in all cases.  Please ensure you have checked the sale and RRP prices for yourself before purchasing items from our website.


10.    OUR REFUNDS POLICY
10.1    When you return a Product to us:
(a)    because you have cancelled the Contract between us within the 28 day period referred to in clause 6.1 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us.
(b)    for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the 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 the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 
10.2    We will usually refund any money received from you using the same method originally used by you to pay for your purchase.  Please note that it may take up to seven working days for a refund to be acknowledged by your credit card company.


11.    OUR LIABILITY
11.1    We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 
11.2    Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
11.3    This does not include or limit in any way our liability:
(a)    For death or personal injury caused by our negligence;
(b)    Under section 2(3) of the Consumer Protection Act 1987;
(c)    For fraud or fraudulent misrepresentation; or
(d)    For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4    We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a)    loss of income or revenue
(b)    loss of business
(c)    loss of profits or contracts
(d)    loss of anticipated savings
(e)    loss of data, or
(f)    waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
11.5    Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.


12.    PRESCRIPTIONS
12.1    Your prescription - If you are placing an order for prescription medicine you need to send us the prescription document. The NHS is developing electronic prescriptions, but until then we do need the paper document. It is important that the prescription is fully completed by you and that you have signed it. Any confirmatory e-mail from us is notification that we have received your prescription but the prescription will still be subject to a manual check and confirmation by the named pharmacist.
12.2    We are only able to dispense prescriptions written by a UK prescriber.
12.3    Repeat prescriptions shall be dispensed in accordance with this procedure and no distinction shall be made between non-repeat prescriptions and repeat prescriptions.
12.4    Rights - The pharmacist reserves the right not to dispense where the information on the prescription is not clear, incomplete or the pharmacist needs to obtain further information regarding the medication, for example in relation to controlled drugs.
12.5    The pharmacist also reserves the right not to dispense or deliver in circumstances where it would not be appropriate to do so. In these circumstances the pharmacist shall contact you as soon as possible.
12.6    The pharmacist also reserves the right to alter the delivery services and may require that the prescription goods are collected from suitable premises such as the prescriber's premises.
12.7    Pricing - Because we are based in England we charge the standard UK rate of £7.10 for all prescriptions that we dispense. This applies even if you live in Wales and pay the lower levy price applicable there.
12.8    International Orders - We do not dispense prescriptions outside the Specified Countries and you should consult a GP or pharmacy in your own country in relation to such prescriptions.
12.9    NHS prescription service is operated from our registered pharmacy premises at Unit 2 Great Bridge Centre, Charles Street, West Bromwich, West Midlands, B70 0BF.


13.    HOW TO RETURN AN ITEM
Should you have a need to return goods, please e-mail sales@pharmassured.co.uk, or contact customer services by telephone who will be pleased to assist you by forwarding a Returns Form. Once the Returns Form has been completed it must be sent back to us by email. Our customer services team will provide you with a goods return authorisation code which you must provide with your return. Please ensure you have your order reference number ready when contacting us.
When returning goods (except when goods are faulty), the customer will carry the cost of returning goods.
To return products, please:
Complete and return the Returns Form (available by emailing sales@pharmassured.co.uk).
Carefully pack the items in protective bubble wrap, or similarly suitable packaging. Please do not use the product box as outer packaging and note that we will deduct the cost of any returned items damaged from any amount refunded to you. Please include the goods return authorisation code with your order number, name, date of order and address details. This will help us process an exchange, refund or credit note. If the item is returned without a goods return authorisation code we will be unable to offer a refund or exchange. You will also be liable for the cost of re-delivery. We highly recommend that items are returned via a Recorded Delivery service as we do not accept responsibility for items lost in the post.
Send it back to:
PharmAssured Ltd
Customer  Returns
Unit 2 Great Bridge Centre
Charles Street
West Bromwich
West Midlands
B70 0BF

Please note that, once opened and or used, products cannot be returned to us unless the product is faulty or broken.


14.    WEEE
Electronic Equipment (WEEE) in domestic waste and encourage recycling, recovery and environmentally sound disposal. The United Kingdom is under an obligation to minimise the disposal of Waste Electrical and PharmAssured is committed to promoting the reuse, recycling and recovery of WEEE by contributing to the appropriate compliance schemes. Certain electrical items cannot 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. 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. We can only offer this service when an old product has the same use as the new product being purchased. To use our service, please contact our customer services team.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol. Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.


15.    PET MEDICATION ORDERS
For pet medication orders, you confirm you will use all licensed products according to the manufacturers' datasheets, you are not buying for resale and you are happy for us to contact you if necessary.


16.    COMPLAINTS ABOUT OUR SERVICE
In the event of a complaint or problem you should contact the pharmacist that has dealt with your order. You will receive their details in our confirmation e-mail and also on delivery of your order. If that does not resolve your complaint you should contact us at:

PharmAssured Ltd
Unit 2 Great Bridge Centre
Charles Street
West Bromwich
West Midlands
B70 0BF
Tel: 0845 077 9972
Email: enquiries@pharmassured.co.uk


17.    WRITTEN COMMUNICATIONS
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 website.  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 statutory rights.


18.    NOTICES
All notices given by you to us must be given to PharmAssured at the address set out in clause 16 above. 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 above.  Notice will be deemed received and properly served immediately when posted on our website, 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.    TRANSFER OF RIGHTS AND OBLIGATIONS
19.1    The contract between you and us is binding on you and us and on our respective successors and assigns. 
19.2    You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 
19.3    We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


20.    EVENTS OUTSIDE OUR CONTROL
20.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 
20.2    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)    Strikes, lock-outs or other industrial action.
(b)    Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c)    Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d)    Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e)    Impossibility of the use of public or private telecommunications networks.
(f)    The acts, decrees, legislation, regulations or restrictions of any government.
20.3    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.


21.    WAIVER
21.1    If 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.
21.2    A waiver by us of any default shall not constitute a waiver of any subsequent default.
21.3    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 18  above.


22.    SEVERABILITY
If any of these terms and Conditions 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.


23.    ENTIRE AGREEMENT
23.1    These terms and conditions and any document expressly referred to in them together with our Privacy Policy and Website Terms and Conditions represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2    We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
23.3    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party“s only remedy shall be for breach of contract as provided in these terms and conditions.


24.    OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
24.1    We have the right to revise and amend these terms and conditions from time to time .
24.2    You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).


25.    LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.