Terms and Conditions

STANDARD TERMS AND CONDITIONS OF SALE - "THE AGREEMENT"
 

IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Terms") upon which Confidence Pharmacy of 2 Brooklyn Road, Portwood House, Manchester SK8 1BS (“Confidence Pharmacy”/ “Us"/"We"/"Our") contracts with ("You"/"Your"/"Yourself") for the purchase of the Goods.

In these Terms, the following definitions apply:

Agreement: the contract between Us and You for the sale and purchase of the Goods in accordance with these Terms.

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in the UK are open for business.

Goods: the goods set out in the Order

Order: the offer by You to purchase the Goods

Specification: any specification for the Goods, including any related plans and drawings, that is agreed by the Customer and the Supplier

Terms: the terms and conditions set out in this document (as may be amended from time to time by Confidence Pharmacy)

Orders accepted by Us are subject to the following Terms:

1. INFORMATION ABOUT US

Welcome to our website. If you continue to browse and use this website you are agreeing to
comply with and be bound by the following terms and conditions of use, which govern
Confidence Pharmacy Ltd’s relationship with you.
The term “Confidence Pharmacy Ltd” or “us” or “we” refers to the company named Confidence
Pharmacy Ltd incorporated in England and Wales.
We are regulated by the General Pharmaceutical Council and our pharmacy address is:
2 Brooklyn Road,
Portwood House,
Manchester
SK8 1BS,
United Kingdom
You can also contact us by email on 
or by phone on 0161 503 1616.
Our prescribers are hired by Confidence Pharmacy Ltd and are regulated by the General
Pharmaceutical Council (GPHC). They can be contacted via
email: info@confidencepharmacy.co.uk.


Our prescribing service involves the provision of information, advice counselling
and treatment for a range of medical conditions. To ensure quality care, our
prescribers will also follow up with some patients. These services are always
provided by qualified prescribers registered with the UK’s GPHC. This permits
them to prescribe medicines without meeting patients face to face. All prescribers
employed by Confidence Pharmacy comply with the General Medical Council
Guidelines on remote prescribing and the Essential Standards of Quality and
Safety as interpreted by the Care Quality Commission.

 

2. OUR RELATIONSHIP WITH YOU

The term “you” or ‘’your’’ refers to the user or viewer of our website. By placing an order through this website, you confirm that

2.You are 18 years or over and legally capable of entering into binding contracts

2.1 You are resident in the United Kingdom and you are accessing our website from the UK

2.2 You have answered all questions asked by our healthcare professionals truthfully and fully

2.3You have not registered with us more than once

2.4 You have not completed a questionnaire on behalf of someone else

2.5 You agree to keep your username and password confidential and to take reasonable steps to protect and not to share the login details for your online patient record with anyone

2.6 You agree to read carefully all information provided to you regarding your medicine. We cannot and are not liable for any damages which results from a failure of you to follow advice given on the website or from your failure to pass on information given on the website to your regular healthcare provider.

2.7 All questions on our website are in English and you are solely responsible for ensuring that you understand the questions in the questionnaires on our website.

2.8 If medicine is prescribed and dispensed to you, you are responsible for checking that the medicine is the correct medicine prescribed by Confidence Pharmacy on our site and that such medicine is not damaged in any way. If in doubt, you must contact the dispensing pharmacy to seek advice and/or replacement as required.

 2.9 You agree not to use any medicines prescribed in advance of their need beyond their expiry date.

2.10 You agree to accept our decision if our prescriber determines that it is not in your best interests to receive the requested medicine from our online consultation.

2.11 Please note, phone calls to the pharmacy may be recorded for quality and training purposes.

2.12 Due to government regulations we need to verify your identity and DOB. You agree that we will do this be using credit agencies for this process. This will not affect your credit rating. This is known as a soft search.

2.13 It is a legal requirement for all prescription medicine to be signed for and the cost of this is included in your treatment.  If you require your medicine urgently you have the option of paying an extra fee to guarantee you next day delivery. 

 

3. ORDERS

3.1 These Terms apply to the Agreement to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.2 The Order constitutes an offer by You to purchase the Goods in accordance with these Terms. You are responsible for ensuring that the terms of the Order and any applicable Specification submitted by the You are complete and accurate.

3.3 The Order shall only be deemed to be accepted when We indicate our acceptance, at which point the contract shall come into existence.

3.4 You shall make an Order by telephone, facsimile, post, email or via Electronic Prescription. (Please also refer to Our separate Terms and Conditions in relation to use of Our website)

3.5 All Orders which are accepted by Us shall be subject to these Terms and no contract shall be deemed to be in place until We have accepted Your Order by indicating our acceptance.

3.6 A hard copy prescription must be received by Us within 72 hours of the processing of the Order unless using our electronic prescription service for which no paper copy is required.

3.7 If an item is out of stock You will be advised within 48 working hours of Us receiving Your Order. You will be offered an alternative product if one is available or You may cancel Your Order, or it can be placed on Back Order.

3.8 Subject to clause 6.1, an Order can only be cancelled at Our discretion. On no account can cancellation be accepted for items sourced specially by Us on Your behalf which is not advertised on Our website.

3.9 Private Prescriptions Goods dispensed are only for the use of the patient identified in the prescription and are not for re-sale. It is your responsibility to ensure that the patient is aware that the goods are being prescribed to them directly on prescription.

 

4. PAYMENT AND PRICES

4.1 All prices are quoted in pounds Sterling unless We have specified Euros or such other currency as We may identify.

4.2 Prices quoted are exclusive of VAT and are current at the time of publishing. While every endeavour will be made to maintain them at their present low level. We reserve the right to effect changes without prior notice (including, but not limited to, as a result of exchange rate variations). This applies, in particular, if Goods are specially sourced for You by Us and are not dispatched directly by Us (delivery charges will be invoiced to You by Us in this instance). Prices must be confirmed by You at the time an Order is placed.

4.3 If any sum of money is due from You, the same may be deducted from any sum then due or which at any time becomes due to You under this or any other Agreement between Us and You.

4.4 We occasionally issue promotional flyers. Any prices quoted are valid until the promotion date advertised (subject to availability). After expiry of the date advertised or (if earlier) until the maximum availability in respect of the Goods advertised has been reached then future availability will be as advertised in the current catalogue, or on Our website, (subject to Clause 2.4).

4.5 In the event that a hard copy prescription is not provided within the time prescribed in clause 1.6 We are obligated to charge You VAT in respect of the relevant Goods. We reserve the right to retrospectively invoice you for any VAT which may become due as a result of your breach of clause 1.6.

4.6 Should you breach clause 1.6 We will charge you an administration fee of not less than 10% of the invoice value in the event that We correspond with you in order to obtain a hard copy prescription.

4.7 We reserve the right to charge an administration fee (at a minimum of £25 per transaction) in the event that unrepresented payments are received from you.

  1. We reserve the right at any time to correct clerical omissions and errors

 

5. OWNERSHIP OF THE GOODS

5.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods and in respect of any other agreements between You and Us.

5.2 Until payment is made as aforesaid You must store the Goods in such a way that they are clearly Our property.

5.3 You may be entitled (but only with Our prior written approval) to sell the Goods either in their original state or incorporated into other products acting as Our agents. In these circumstances the title to the Goods shall remain with Us, and You shall remain fully accountable for the proceeds of the sale thereof.

 

6. DELIVERY

6.1 In respect of Orders placed before 3.00pm on a Business Day, delivery will normally be made the Business Day after the Order is placed and We will normally despatch Goods by courier or first class post to UK mainland excluding any area separated by water (‘UK Mainland’) from the mainland (delivery to the Scottish Highlands and Islands may take longer). A carriage charge of £3.95 (including VAT) for next working day delivery will be charged on all orders with a total invoice value lower than £40 (excluding VAT). Other delivery services are available at an additional cost. For aesthetics products, free delivery for orders over £400 with a £10 charge for orders less than £400. 

6.2 Freight and insurance for deliveries outside UK Mainland and for deliveries by Our suppliers to You directly, is charged extra at cost. Please contact Our Export Department for a quotation. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.

6.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused and You hereby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of any late delivery of the Goods.

6.4 When Goods are delivered to You, You should carefully check the courier’s documentation and/or the delivery note to ensure that the number of packages due from Confidence Pharmacy delivered corresponds to the number of packages received from Confidence Pharmacy as noted on the delivery note. We will not be liable for any non-delivered packages unless such non-delivery has been noted on the courier’s documentation (if applicable) and You have notified Us of the same within 48 hours of delivery.

6.5 If You believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, You must report these to Us within 3 working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to Us, within 5 days of delivery.

 

7. QUALITY

7.1 We warrant that on delivery, the Goods shall:

       a. Conform in all material respects with their description

       b. Be free from material defects in design, material and workmanship

       c. Be fit for any purpose held out by Us

7.2 Subject to Clause 5.3, if:

     a. You give notice in writing to Us within 5 working days of discovery that some or all of the Goods do not comply with the warranty set out in Clause 5.1;

     b. We are given a reasonable opportunity of examining such Goods;

     c. You (if asked to do so by Us) returns such Goods to Our place of business or to the manufacturer at Your cost; and

     d. Goods which are returned to Us are accompanied by a Returned Goods Form (available from customer services) along with the original invoice invoice/ invoice number

We shall, at Our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

7.3 We shall not be liable for the Goods’ failure to comply with the warranty set out in clause 5.1 in any of the following events:

   a. You make any further use of such Goods after giving notice in accordance with clause 5.2

   b. The defect arises because You failed to follow Our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same

   c. The defect arises as a result of Us following any drawing, design or Specification supplied by You

   d. You alter or repair such Goods without Our written consent

   e. The defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions

   f. The Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements

7.4 Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances.

7.5 Except as provided in this clause 5 We shall have no liability to You in respect of the Goods’ failure to comply with the warranty set out in clause 5.1

7.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Agreement

  1. These Terms shall apply to any repaired or replacement Goods supplied by Us.

 

8 RETURNS

8.1 If You are a private consumer (as opposed to business user) You may cancel any order made by You via Our website, e-mail, facsimile or telephone at any time within 7 days of receipt by You of the Goods. You must notify Us either by e-mail to info@confidencepharmacy.co.uk or by telephone on telephone number 0161 503 1616. You must return the products (at your own cost and suitably and securely packaged) in the same condition that they were in when they were despatched to You and We accept no liability for Goods which are lost or damaged in transit from You. The provisions of this clause 6.1 shall not apply in respect of any Goods which are supplied according to your particular Specification or which are personalised. Collection can be arranged by Us by telephone on 0161 503 1616 or by e-mail info@confidencepharmacy.co.uk. A standard charge of £9.95 per consignment will apply for this service. Goods returned to us must be accompanied by a Returned Goods Form (available from Customer Services). A credit note cannot be issued by Us without the original invoice number.

8.2 Subject to clause 6.3 to 6.9, We will give credit of a sum equal to the price paid by You for the Goods for:

    a. At our sole discretion items returned to and received by Us in a re-saleable condition provided they are received within 5 days of the invoice date

    b. Any item received is damaged provided We are notified and the item is returned in accordance with clause 4.5

8.3 Subject to clause 6.1 Goods which are specially sourced by Us for You or sterile/pharmaceutical Goods which are sealed cannot be returned if the seal is broken or damaged unless:

    a. Incorrect goods have been delivered (subject to clause 4.4)

    b. such products are returned in response to a product or batch recall; or

    c. such products are damaged or faulty.

8.4 Subject to clause 6.1 Goods which are required by the manufacturer to be transported and stored at 2-8c cannot be returned unless:

    a. Incorrect goods have been delivered (subject to clause 4.4);

    b. such products are returned in response to a product or batch recall; or

    c. such products are damaged or faulty.

Any Goods which are required by the manufacturer to be transported and stored at 2-8c must be returned to us within 24 hours of delivery.

8.5 Non-defective medicinal products which have left Our premises can only be returned if all of the following criteria are met by You to our sole satisfaction:

    a. the medicinal products are in their unopened and undamaged secondary packaging and are in good condition;

    b. the medicinal products have not expired and have not been recalled;

    c. You can demonstrate that the medicinal products have been transported, stored and handled in compliance with their specific storage requirements; and

    d. the batch number for products bearing the safety features is known, and that there is no reason to believe that the product has been falsified.

8.6 The following provisions apply to this clause 6:

    a. Goods returned to Us must be accompanied by a Returned Goods Form (available from customer services) and must include the original invoice or invoice number or a credit note will not be issued

    b. You (if asked to do so by Us) return such Goods to the manufacturer

    c. Any returned items must be packed in a cardboard box with adequate packaging to protect product during transit and suitably labelled with Our name and address. Unpacked goods should not be handed to the carrier's driver

    d. You must not under any circumstance send Us any item which is contaminated. We reserve the right to refuse to handle any items which do not have a completed Decontamination Certificate

    e. Any equipment item (including handpieces) can only be returned for credit if unused, complete and in the original packaging

    f. Any returned item lost, damaged or defaced in transit to Us will not be credited

8.7 If You have not received an acknowledgement or credit note from Us within 14 days You should notify Us.

8.8 If, at Our sole discretion and with no obligation on Us to do so, we agree to the return of saleable Goods to Us after 28 days from the invoice date, We reserve the right to levy a handling charge normally of, but not limited to, 25% of the invoice value for such Goods.

8.9 We reserve the right to charge carriage on returns where collection is arranged by Us.

 

9. COPYRIGHTS AND PATENTS

Our website

The use of this website is subject to the following terms of use:

9.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

9.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

9.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. In particular, our services and information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in making any specific medical or other decision. Suitable independent medical advice should be obtained before making any decision. Any reliance you place upon any material in this website will be at your sole risk.

9.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

9.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

9.6 You must not use any part of the materials on our website for commercial purposes without obtaining a license to do so from us or our licensors.

9.7 Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

9.8 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.

9.9 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

9.10 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

9.11 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

9.12 You must not establish a link from any website that is not owned by you.

9.13 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our website is stored or any server, computer or database connected to our site. By breaching this clause you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

9.14 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or any website linked to it.

      9.15 These terms of use and any document expressly referred to in them constitute the     whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our website and the services made available on it.

      9.16 To the fullest extent permitted by applicable laws, we hereby exclude liability for any claims, loss, demands or damages of any kind whatsoever with respect to our services, information and materials given by us including, without limitation, direct, indirect, incidental or consequential loss or damages. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.

      9.17 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.

     9.18 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

If you have any concerns about material which appears on our website or concerns with regards to our services, please contact info@confidencepharmacy.co.uk.

 

10. LIMITATION OF LIABILITY

10.1 Subject to clause 8.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law. In particular other than as expressly provided in this Agreement We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgement in selecting the Goods.

10.2 Subject to clause 8.5 We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, in respect of:

    a. indirect or consequential loss, damages, costs or expenses including but not limited to costs of removal and re-installation of Goods

    b. loss of goodwill

    c. loss of business

    d. loss of profits or

    e. loss of use

10.3 Subject to clause 8.5 Our total liability to You in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price paid for the Goods. ]

10.4 Clauses 8.1 and 8.2 do not apply where You deal as a consumer to the extent that such exclusions or limitations are not permitted by law. Nothing in this Agreement shall adversely affect the consumer.

10.5 Nothing in these Terms shall limit Our liability in respect of death or personal injury caused by Our own negligence, fraud or fraudulent misrepresentation or any other matter in respect of which it would be unlawful for Us to exclude or restrict liability

 

11. MISCELLANEOUS

11.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated in Our catalogue or on Our website, without prior notice, as part of Our continuous process of product and service improvement, to improve product availability or if required to by any applicable statutory or regulatory requirements. The information contained in Our catalogue or on Our website is correct to the best of Our knowledge at time of going to press. All images are used in Our catalogue and on Our website are for illustration purposes only.

11.2 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manners with all or any of Our rights or obligations under the Agreement.

11.3 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

11.4 Confidence Pharmacy operates a Quality Management System in accordance with BSENISO 9001:2000, BSENISO 14971:2001, MDD 93/42/EEC Annex V, ISO13485:2003, BSEN 1639:2004 and MDD 92/42/EEC. This incorporates a Batch/Lot Control System for traceability of all medical devices and equipment dispatched by Confidence Pharmacy. We would advise You to retain information supplied by Confidence Pharmacy in respect of the Goods including Batch/Lot No. and expiry dates.

11.5 If any provision of this Agreement is held by any competent authority to be invalid, illegal or unenforceable in whole or part it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of the Agreement.

11.6 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.

11.7 This Agreement including the Order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.

11.8 We reserve the right to randomly monitor and record Our inbound and outbound calls.

11.9 A person who is not party to this Agreement shall not have any rights to enforce its terms.

11.10 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of its rights hereunder.

11.11 Except as set out in these Terms, no variation of the Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by Us.

11.12 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.