Contents
1. About these Terms
2. About us
3. Definitions
4. Our Goods
5. Clinical services and eligibility
6. Your Account
7. Orders and formation of the Contract
8. Subscriptions and repeat supplies
9. Prices and payment
10. Discounts, vouchers and offers
11. Delivery
12. Risk and title
13. Cancellation, returns and refunds
14. Damaged medicines and injection pens
15. Conformity and your statutory rights
16. Our rights to change things
17. Our rights to refuse, suspend or end
18. Events beyond our control
19. Our responsibility to you
20. Privacy and data protection
21. Communications and marketing
22. Complaints, governing law and disputes
23. General
1. ABOUT THESE TERMS
1.1 These terms and conditions (“Terms”) apply to every purchase of Goods and Services by you from us through the Website, our app and any other online platform we operate. Together with our Privacy Policy and your Order Confirmation, they form the contract between you and us.
1.2 Please read these Terms carefully before you place an Order. As we can accept your Order and make a legally enforceable agreement without further reference to you, you must make sure that these Terms contain all that you want and nothing that you are not happy with.
1.3 By placing an Order you confirm that you have read and accept these Terms and agree to be bound by them. If you do not agree to them, you must not place an Order.
1.4 You can only buy from us if you are at least 18 years old, are resident in the United Kingdom and have the legal capacity to enter into a contract. Each Order must be placed for yourself and not for anyone else.
1.5 The version of these Terms that applies to an Order is the version published on the Website when you place that Order, subject to section 16 (Our rights to change things) in relation to Subscriptions. You should save or print a copy of these Terms for your records.
2. ABOUT US
2.1 We are The Family Chemist Limited, trading as The Family Chemist, a company registered in England and Wales under number 15313203. Our registered office and trading address is Unit 1, Nottingham South & Wilford Industrial Estate, Nottingham, NG11 7EP. You can contact us on 0115 850 1944 or by email at [email protected].
2.2 Our pharmacy is registered with the General Pharmaceutical Council (“GPhC”) under premises registration number 9012915. Our Superintendent Pharmacist is Sunny Dhain (GPhC registration number 2073665). Our ICO registration number is ZB657677.
2.3 Our pharmacists and prescribers are registered with the GPhC and/or the General Medical Council and, where relevant, hold independent prescriber qualifications. They are trained to provide remote consultations and to prescribe in an online context, and each is individually accountable for the prescriptions they issue.
3. DEFINITIONS
In these Terms:
“Account” means your customer account on the Platform.
“Consultation” means the online questionnaire and any remote telephone, video or messaging consultation used by our clinicians to assess whether a Prescription Medicine or other clinical service is appropriate for you.
“Consumer” means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
“Contract” means the legally binding agreement between you and us for the supply of Goods and/or Services, formed in accordance with section 7.
“Delivery Location” means the address you give us for delivery of the Goods, as set out in the Order.
“Discount” means any reduction in, or benefit against, a Price or other charge, however described, including voucher, promotional or coupon codes; sale or reduced prices; introductory, first-order or switching offers; bundle or multi-buy offers; free items or free delivery; loyalty points, rewards, credit or cashback; referral rewards; price-match or price-promise arrangements; and any other offer or incentive.
“Durable Medium” means paper or email, or any other medium that allows information to be addressed personally to the recipient, stored for future reference for a period long enough for its purposes, and reproduced unchanged.
“Goods” means the goods advertised on the Platform that we supply to you, of the number and description set out in the Order, including Medicinal Products.
“Medicinal Product” means any prescription-only medicine, pharmacy medicine, injectable treatment, temperature-controlled medicine or medical device supplied by us as part of a treatment, together with related accessories such as needles.
“Order” means your order for Goods and/or Services submitted through the ordering process on the Platform, including any repeat or renewal order generated under a Subscription.
“Order Confirmation” means the email or message from us confirming that we have accepted your Order.
“Platform” means our website www.thefamilychemist.co.uk (the “Website”), our app and any other online channel through which we offer Goods or Services.
“Prescription Medicine” means a medicine that may only be supplied on a prescription.
“Price” means the price of Goods or Services (including any dose, strength, pack size, bundle or plan) as displayed on the Platform, or otherwise notified to you, from time to time.
“Privacy Policy” means our policy on how we handle confidential and personal information, available on the Website.
“Renewal Date” means, for a Subscription, each date on which a repeat order is generated and your payment method is charged.
“Services” means the clinical, advisory and support services we provide, including Consultations.
“Subscription” means an arrangement under which we supply Goods (and related Services) at recurring intervals and charge your payment method automatically for each supply until the arrangement is cancelled or ended.
“Voucher Code” means any code that can be entered at checkout to obtain a Discount.
“we, us, our” means The Family Chemist Limited; you, your means the person placing the Order.
4. OUR GOODS
4.1 The description of the Goods is as set out on the Platform, in catalogues, brochures or other advertisements. Images and descriptions are for illustrative purposes only, and there may be small differences in size, colour and packaging between the Goods supplied and those shown.
4.2 We source medicines at cost-effective prices from approved pharmaceutical wholesalers and manufacturers. From time to time the brand or manufacturer of a generic medicine may differ from the one previously supplied or shown, and we cannot guarantee a particular generic brand. If you would like a specific brand, please tell us when placing your Order; we will consider your request but cannot guarantee it.
4.3 All Goods are subject to availability. We aim to supply Goods with at least six months’ shelf life remaining where this is reasonably practicable and, if the remaining shelf life is shorter, we will tell you before dispatch.
4.4 In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
4.5 We may limit the quantity of any Goods you may order, or the frequency of supply, for clinical, safety, legal or supply reasons.
5. CLINICAL SERVICES AND ELIGIBILITY
5.1 The Family Chemist is an online pharmacy registered with the GPhC. Our primary function is to sell medicines and to provide evidence-based advice on conditions we are competent to treat. Prescriptions are issued following a satisfactory online, remote telephone or video Consultation with a competent prescriber. The medicines are then dispensed and posted from our registered pharmacy to your chosen address.
5.2 Clinical decisions are for our clinicians. Every supply of a Prescription Medicine is subject to a clinical eligibility check. Our pharmacists and prescribers have absolute professional discretion to approve or decline supply, to ask for further information, and to change, pause or stop treatment (including the product, brand, dose or strength) at any time where they consider it clinically appropriate. Information on the Platform is indicative only and is not a contractual offer to supply any particular medicine, and the Price or availability shown for a medicine does not mean it is suitable for you. If a medicine becomes clinically unsuitable for any reason, we will stop supplying it.
5.3 You must be honest with us. We do not hold the medical information in your NHS record and rely solely on your answers to the Consultation to decide whether a sale is appropriate. You warrant that everything you tell us is true, complete and accurate. We cannot take any responsibility where you have been dishonest or have withheld information in your Consultation.
5.4 You must tell us without delay if there is any change to your health, medication, allergies or circumstances that could affect whether our Goods are suitable for you. We may contact you regularly by message, email, text or telephone to monitor the safety of your treatment. If you are unsure whether a change affects you and cannot reach us, you must stop using the Goods until you have spoken to us.
5.5 We recommend that you tell your GP about the treatments we provide. Your GP has access to your medical records and can help ensure you take the correct medication. We can inform your GP about the treatment we provide, but you must ensure the GP details you give us are correct.
5.6 Identity checks. We are required by the GPhC to complete an identity check before we supply medication. We use LexisNexis to complete a basic identity check, which does not affect your credit rating. To pass it we need your official registered residence, although you can still choose to have your parcel sent elsewhere. If the check fails, we will send you a message giving access to a portal where you can upload proof of residency and photographic identification. If we are unable to verify your identity, we may terminate the Contract and, depending on the advice of the police or other authorities, may not be able to provide a full refund. We have a legal duty to inform Action Fraud if we believe information has been falsely provided.
5.7 Personal use only. Goods are supplied solely for your own personal use and must not be resold, supplied to anyone else or used for any business purpose. You must not obtain the same or a similar medicine from another supplier, or from an unauthorised source, while you are receiving supplies from us unless one of our prescribers has agreed this in advance. We may refuse or suspend supply if we suspect resale, stockpiling or supply from other sources.
5.8 Before using any Goods, you must read all the information that comes with them (including the dispensing label, patient information leaflet and manufacturer’s guidance) and use them only in accordance with that information. If you experience any significant side effect, you must stop taking the medicine and get immediate advice from a doctor or other healthcare professional before restarting. Any failure to follow this information is at your own risk.
5.9 Our services are not for use in an emergency or instead of your GP. If you or anyone you are assisting is in an urgent or emergency situation, call 999 or use other emergency medical services immediately. Call 999 in a critical or life-threatening situation, such as difficulty breathing, severe bleeding that cannot be stopped, severe chest pain, loss of consciousness, a seizure that is not stopping, or a suspected heart attack or stroke. For medical concerns unrelated to our services, speak to your GP or call NHS 111.
5.10 Use of AI tools. Our clinical and customer support teams may use artificial intelligence-enabled tools in providing our Goods and Services, and by agreeing to these Terms you acknowledge and consent to this. These tools do not provide medical advice or diagnosis, are provided for informational purposes only, are not regulated medical devices and do not replace professional clinical judgement. Every clinical decision is made by a registered clinician, who remains accountable for it. You should consult a qualified medical practitioner for the diagnosis or treatment of any medical condition. Nothing in this clause limits any liability that cannot lawfully be limited.
6. YOUR ACCOUNT
6.1 When you register you must set up a username and password. You remain responsible for all actions taken under them and must keep them secret and not disclose them to anyone else. You must tell us immediately if you think someone else has used your Account.
6.2 You must keep your Account and personal information up to date at all times so that we can communicate with you. You must tell us as soon as reasonably possible of any change to your legal name, email address, postal address (including postcode), mobile telephone number, GP details, and the payment card details and billing address of any card registered to your Account. You must give us a valid UK mobile number; a landline cannot be used instead.
6.3 We may contact you by in-app message, text, telephone, email or post using the details in your Account. Some messages will be private and time-sensitive, so you are responsible for using an email address and telephone number you can access easily and for checking your messages regularly. We are not liable for any delay, cancellation or other consequence resulting from your failure to respond to us in time.
6.4 You must not amend, alter or tamper with the contents of any prescription, document or record created by our clinicians.
6.5 You may cancel your registration at any time by writing to us, but doing so does not cancel an Order already placed or an active Subscription (see sections 8 and 13). We may suspend or cancel your Account in the circumstances set out in section 17.
7. ORDERS AND FORMATION OF THE CONTRACT
7.1 The description of Goods on the Platform is not a contractual offer to sell them. When you submit an Order you are making an offer to buy. We may reject any Order for any reason, and will try to tell you the reason without delay.
7.2 The ordering process is set out on the Platform. Each step allows you to check and amend any errors before you submit the Order, and it is your responsibility to check that you have used the ordering process correctly.
7.3 A Contract is formed only when we send you an Order Confirmation. For Prescription Medicines and clinical Services, we will send an Order Confirmation only once a clinician has completed your eligibility check and approved supply (and, where applicable, the prescription has been issued to our pharmacy), and we will give you an order number at that point.
7.4 You must check that the Order Confirmation is complete and accurate and tell us immediately of any errors. We are not responsible for inaccuracies in the Order you placed. By placing an Order you agree that we may confirm the Contract by email containing all required information. We will send the Order Confirmation within a reasonable time after the Contract is made and in any event no later than delivery of the Goods.
7.5 If a clinician needs further information, we will send you a message and your Order will not be processed until you reply. You must reply within 7 days of our message. If you do not, we may decline and cancel the Order, and we will refund in full any payment already taken.
7.6 Any quotation we give is valid for a maximum of one day from its date, unless we withdraw it earlier.
7.7 After the Contract is formed, no variation to it (whether about the description of the Goods, the Price or anything else) can be made unless agreed in writing by you and us, except for changes that these Terms entitle us to make (see sections 8, 9 and 16).
7.8 We may decline or cancel any Order, and will refund in full any amount you have paid for Goods not yet dispatched, if:
(a) our prescriber or pharmacist considers the supply clinically inappropriate or declines it for any other professional reason;
(b) the Goods are out of stock, unavailable or subject to supply restrictions;
(c) there is an error in the Price or description of the Goods (see clause 9.7);
(d) we have unexpected limits on our resources, or cannot meet a delivery deadline you have specified;
(e) we cannot verify your identity, or we suspect fraud, resale or misuse; or
(f) we have any other reason to do so.
7.9 We intend these Terms to apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us so that we can provide you with a different contract with terms more appropriate to you.
8. SUBSCRIPTIONS AND REPEAT SUPPLIES
8.1 Some Goods and Services are available on a Subscription basis. We will make clear at checkout whether you are making a one-off purchase or starting a Subscription, and by completing checkout you confirm the type you have selected.
8.2 By starting a Subscription you authorise us to charge your selected payment method for the first supply and then, under a continuous payment authority, on each Renewal Date at the regular interval shown at checkout, until the Subscription is cancelled by you or ended by us. Each charge will be at the Price in force on the relevant Renewal Date (see clause 9.4), which may be higher or lower than any earlier charge.
8.3 A Subscription includes the supply of the Goods you have chosen, ongoing clinical checks to ensure continued suitability (for Prescription Medicines), customer support and delivery, in each case as described at checkout.
8.4 Continuation of a Subscription is always subject to the Goods remaining clinically appropriate for you. Before any renewal our clinicians may require further information, a review, a further Consultation or monitoring data, and may change the product, brand, dose or strength, or pause or stop the Subscription. Renewal orders will not be dispatched until any required clinical review is complete. As the Subscription renews automatically, you must promptly tell us in writing of any material change to your medical history that may affect its suitability.
8.5 Cancelling a Subscription. You can cancel at any time through your Account or by contacting us. To stop the next renewal order being generated, we must receive your cancellation request at least 3 days before the next Renewal Date. We will confirm receipt in writing. If you cancel after that cut-off, or after a renewal order has been generated or dispatched, that order will still be processed, charged and delivered (and is not refundable, see section 13) and your cancellation will apply from the following cycle.
8.6 Once we have confirmed your cancellation, no further supplies will be charged or dispatched after the end of the current period, and any deliveries already generated will continue as scheduled. Payments for Goods already dispatched are not refunded.
8.7 Committed-term plans. Where we offer a plan with a minimum term or a discounted multi-month Price, you may cancel without charge during the final month of the current term. If you cancel earlier, we may charge an early cancellation fee reflecting the value of the Discount applied to the plan and our administrative costs. We will explain the fee and confirm the amount before processing your cancellation, and all supplies will be suspended with immediate effect once you cancel early.
8.8 Failed payments. If a payment for your Subscription is unsuccessful, we may make further attempts to take payment over a period of up to 28 days. The Subscription remains active during this time, but we may withhold dispatch until payment is received. If payment is still unsuccessful after that period, we may suspend or cancel the Subscription and any related Order. Any unpaid amount remains payable by you and, where clause 8.7 applies, we may treat the Subscription as cancelled early and charge the early cancellation fee.
8.9 We may pause, suspend, change or cancel any Subscription at any time in accordance with sections 16 and 17. If we suspend a Subscription for technical or supply reasons for more than 30 days, you may cancel it and we will refund any sums you have paid in advance for Goods not yet dispatched.
8.10 Changes to Prices and to these Terms that affect a Subscription are dealt with in sections 9 and 16.
9. PRICES AND PAYMENT
9.1 The Price of the Goods and any delivery or other charges is as set out on the Platform at the time you place the Order, or such other price as we agree in writing. Prices include VAT at the rate applicable at the time of the Order, where VAT applies. Any mandatory delivery or other charge will be shown to you before you place your Order.
9.2 You can pay by debit or credit card or by any other payment method shown at checkout (for example Apple Pay, Klarna or Clearpay). Where you use a third-party payment provider, its own terms, fees, credit checks and decisions apply and we are not responsible for them. You must pay before we dispatch the Goods. We may take payment immediately when you place the Order; if we later decline the Order we will refund you in accordance with section 13.
9.3 Our right to set and change Prices. Pricing is a commercial decision for us alone. We may change the Price of any Goods, Services, Subscription, delivery charge or other charge (including by dose, strength, pack size, bundle, plan or sales channel) at any time, upwards or downwards, in our sole discretion. The reasons for which we may do so include, without limitation:
(a) changes in the cost or availability of the Goods or of supply from manufacturers, wholesalers or other suppliers, including changes to list prices, supply terms, allocations or rebates;
(b) changes in our own costs, including delivery, packaging, payment processing, staffing, clinical, regulatory and tax costs;
(c) changes in law, regulation or regulatory or professional guidance;
(d) changes in market conditions, demand, competitor pricing or stock levels;
(e) changes to our range, plans, doses or the way we offer our Goods and Services;
(f) our commercial, marketing or business strategy; and
(g) the correction of an error.
9.4 Which Price applies.
(a) For a one-off Order, the Price is the Price displayed on the Platform when you place the Order.
(b) For a Subscription, the Price for each supply is the Price in force on the relevant Renewal Date, including where the product, dose, strength, pack size or plan changes.
(c) A change of Price applies only to Orders placed, and renewal orders generated, after the change takes effect. We will not increase the Price of an Order that we have accepted and you have paid for.
9.5 No price protection. We do not offer any price guarantee, price freeze, price match or price adjustment unless we expressly say so in writing. You are therefore not entitled to any refund, credit, compensation, Discount or other adjustment if, at any time before or after you place an Order, a renewal is generated or a Subscription starts:
(a) the Price of any Goods or Services increases or decreases, temporarily or permanently, including during a sale or promotional period;
(b) we charge or advertise a different Price, or offer a Discount, to other customers (including new customers) or through other channels, doses, plans or at other times;
(c) the Price falls after you have placed an Order or after the Goods have been dispatched, whether the next day or later; or
(d) the Price of a different strength, dose, pack size or product changes.
9.6 Notice of Subscription price increases and your options. If we increase the Price of your Subscription, we will tell you by email or in-app message at least 7 days before the Renewal Date on which the new Price will first be charged, and we will publish the new Price on the Platform. If you do not wish to continue at the new Price, your remedy is to cancel your Subscription before the cancellation cut-off in clause 8.5. If you do not cancel in time, the new Price applies to that renewal and to later renewals.
9.7 Pricing and description errors. We take care to ensure that Prices and descriptions on the Platform are correct, but errors can occur. If the Price or description of any Goods or Services is wrong, including where the Price is obviously incorrect and you could reasonably have recognised the error, we are not bound to supply at that Price. This applies even after we have sent an Order Confirmation, provided the Goods have not been dispatched. We may cancel the Order and refund you in full, or contact you to ask whether you wish to proceed at the correct Price.
9.8 You confirm that you are authorised to use the payment method you provide. We may carry out fraud checks and apply Secure Customer Authentication at our discretion. Recurring payments under a Subscription, or new Subscriptions with the same details, may not use Secure Customer Authentication if the original payment was taken without it.
9.9 If you have a concern about a charge, please contact us first so that we can put it right. If you raise a chargeback or payment dispute for an Order that we have dispatched or delivered, we may give the payment provider and your bank the evidence of your Order and its delivery, suspend your Account while the dispute is resolved, recover the disputed amount from you to the extent permitted by law, and decline future Orders.
9.10 If any amount due from you is not paid, we may suspend supply, cancel any Order or Subscription, and require payment of all outstanding sums before any further supply.
10. DISCOUNTS, VOUCHERS AND OFFERS
10.1 From time to time we may offer Discounts. Every Discount is subject to these Terms and to any additional terms we notify to you when it is issued or on the Platform. If the specific terms of a Discount conflict with this section, the specific terms apply to that Discount.
10.2 No stacking. Discounts cannot be combined. Only one Discount can apply to any one Order, Subscription, renewal, product or line item at a time, however the Discount was obtained or applied, including by code, link, email, text message, advertisement, affiliate or influencer, customer service, loyalty scheme or automatic application. This includes where a sale price, bundle price or multi-buy price is already shown: a Voucher Code cannot be applied on top of it unless the offer expressly says it can be combined.
10.3 Which Discount applies. If more than one Discount could apply, we (or the Platform) will apply one only. We decide which one, in our sole discretion, and it may be the one applied first, the one of greatest value to you, or another that we determine. You cannot require us to apply a different, additional or more favourable Discount, or to swap Discounts after the Order is placed.
10.4 No retrospective Discounts. A Discount must be applied at checkout before you place the Order. It cannot be added to, or substituted on, an Order that has already been placed, paid for or dispatched, or on a renewal order that has already been generated, and we will not refund or credit any difference.
10.5 Subscriptions. Unless expressly stated, a Discount applies only to the Order or period it relates to (for example, a first order only) and does not carry over to later renewals. Where a Discount is stated to last longer, it ends at the end of the stated period, or earlier if the Subscription is cancelled, paused or changed (including a change of product, dose or plan). We may end any ongoing Subscription Discount on notice to you. Once a Discount ends, the Price in force on the relevant Renewal Date applies.
10.6 Exclusions. We may exclude any Goods, Services, plans, doses or customers from any Discount, including Prescription Medicines where required by law or by regulatory or professional standards, NHS services and delivery charges. Discounts do not apply to delivery charges unless stated.
10.7 One per customer. Unless stated otherwise, each Discount can be used once per customer, household, Account, delivery address, payment card and device. You must not open multiple Accounts or use different details to obtain a Discount more than once.
10.8 No cash value; no transfer. Discounts cannot be exchanged for cash. A Discount is valid only for the person to whom it was issued and may not be copied, reproduced, distributed, published, sold or shared in any form for use by anyone else without our prior written permission.
10.9 Withdrawal. We may withdraw, suspend, amend or cancel any Discount or Voucher Code at any time and for any reason, without liability to you. A Discount that has already been validly applied to an Order we have accepted will be honoured for that Order.
10.10 Discounts and refunds. Refunds are limited to the amount you actually paid. If an Order is cancelled or Goods are returned, the value of any Discount is not refunded, reissued or credited (unless the law requires it) and the Voucher Code is treated as used. If you cancel part of an Order that benefited from a bundle or multi-buy Discount, we may adjust the refund to reflect the Price that would have applied to the remaining Goods without that Discount.
10.11 Errors and misuse. If a Discount is applied in error, in breach of these Terms (including by stacking), or is obtained or used fraudulently or by exploiting a technical fault, automation, resale or sharing, we may, without notice and in addition to our other rights:
(a) cancel or amend the Order;
(b) require you to pay the Price without the Discount, and if you do not pay, cancel the Order and not dispatch it;
(c) remove the Discount from later renewals of a Subscription;
(d) suspend or close your Account; and
(e) recover any loss we suffer, to the extent permitted by law.
11. DELIVERY
11.1 We will deliver the Goods to the Delivery Location within the agreed period or, failing agreement, without undue delay and in any event not more than 30 days after the day on which the Contract is formed. Any dates we give are estimates. We aim to dispatch Orders within one to two working days of acceptance, using Royal Mail tracked service (or another carrier we choose) with a delivery lead time of one to three working days.
11.2 Delivery charges, and any minimum order value for free delivery, are as set out on the Platform at the time of the Order.
11.3 We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands. If we do accept an Order for delivery elsewhere, you may need to pay import duties or other taxes, which we will not pay. We are not liable for any onward transport of deliveries by you or by third parties outside our control.
11.4 Safe delivery. Unless we tell you otherwise, a signature will not be required on delivery. You consent to the Goods being posted through your letterbox or left in a safe place by the courier, and you confirm that the Delivery Location is suitable for medicines to be delivered in this way. You are responsible for making sure someone can receive the Goods and for storing them promptly and in accordance with the storage instructions (including refrigeration where required). We are not responsible for deterioration of the Goods after delivery.
11.5 Missed deliveries. If nobody is available to take delivery and the parcel cannot be posted through the letterbox, the courier may, in line with its policies, leave you a note explaining how to rearrange delivery, leave the parcel with a neighbour or leave it in a safe place. If the parcel is taken to a depot and you do not collect it or contact us to rearrange delivery, we will contact you for instructions and details of any additional delivery costs. If we cannot contact you or rearrange delivery, we may end the Contract and section 17 will apply. If you or your nominee fail, through no fault of ours, to take delivery, we may charge the reasonable costs of storing and redelivering the Goods.
11.6 If a scheduled delivery is missed, or you have any problem with a delivery, you must tell us within 7 working days of the expected delivery date. A late report may make it harder to trace the parcel, but this does not affect your statutory rights.
11.7 Late delivery. If we do not deliver the Goods on time, you may (in addition to any other remedies) treat the Contract as at an end if we have refused to deliver the Goods, or if delivery on time was essential taking account of all the relevant circumstances at the time the Contract was made, or you told us before the Contract was made that delivery on time was essential, or if, after we have failed to deliver on time, you have specified a later period that is appropriate to the circumstances and we have not delivered within it. If you treat the Contract as at an end, we will promptly return all payments made under it. If any Goods form a commercial unit (a unit whose division would materially impair its value or character), you cannot cancel or reject some of those Goods without cancelling or rejecting all of them.
11.8 You agree that we may deliver the Goods in instalments if we have a shortage of stock or other genuine and fair reason, provided you are not liable for extra charges.
11.9 You should, if reasonably practicable, examine the Goods when they arrive and before accepting them. Any problem must be reported in accordance with section 14.
12. RISK AND TITLE
12.1 Risk of damage to, or loss of, the Goods passes to you when the Goods are delivered to you or, if you collect them, when you take them from us. The Goods become your responsibility from that point.
12.2 You do not own the Goods until we have received payment in full. If payment is overdue or a step occurs towards your bankruptcy, we may by notice cancel any delivery and end any right you have to use Goods that you do not yet own, in which case you must return them or allow us to collect them.
13. CANCELLATION, RETURNS AND REFUNDS
13.1 You may withdraw an Order before the Contract is formed by telling us, without giving a reason and without incurring any liability.
13.2 After the Contract is formed, you may ask us to cancel an Order before it is dispatched by contacting us as soon as possible. We will use reasonable efforts to do so, but once a prescription has been issued, or the Order is being dispensed or has been dispatched, we may be unable to cancel it.
13.3 Non-medicinal Goods. This is a distance contract. For Goods that are not Medicinal Products, you have the right to cancel within 14 days, starting on the day after you receive the Goods (or, if they are delivered in several parts, the last part), without giving a reason. This right does not apply to:
(a) goods made to your specifications or clearly personalised;
(b) goods liable to deteriorate or expire rapidly;
(c) sealed goods not suitable for return for health protection or hygiene reasons, if they were unsealed after delivery; or
(d) goods that have become inseparably mixed with other items after delivery.
13.4 To cancel under the previous clause, tell us clearly (by email or by contacting us) and return the Goods to us within 14 days of telling us. You pay the cost of returning them unless they are faulty or not as described. Returned Goods must be unused and in their original packaging.
13.5 We may make a deduction from your refund for any loss in value of the Goods caused by handling beyond what is necessary to establish their nature, characteristics and functioning (that is, beyond what would reasonably be allowed in a shop). If we refund you before inspecting the Goods and later find they have been handled in this way, you must pay us the amount of that loss.
13.6 We will refund you using the same means of payment you used for the original transaction, unless you expressly agree otherwise, and you will not incur any fee. For non-medicinal Goods you have cancelled, we will refund within 14 days of receiving the Goods back (or evidence that you have sent them back).
13.7 Medicinal Products. We are unable to cancel, accept the return of, exchange or provide a refund for any Medicinal Product once the Order has been dispatched. This is necessary to protect patient safety and to maintain the integrity of all medicines supplied by our pharmacy. It applies to all prescription medicines, pharmacy medicines, injectable treatments, temperature-controlled medicines and medical devices supplied as part of a treatment, whether the product is unopened, unused, sealed or no longer required. Once a Medicinal Product has left our pharmacy we cannot verify how it has been stored, handled, transported or used, so any medicine returned to us cannot be placed back into stock, reused, resold or supplied to another patient.
13.8 We will not provide a refund, replacement or exchange of a Medicinal Product where:
(a) you change your mind after the Order has been dispatched;
(b) you no longer require the medicine or decide not to start or continue treatment;
(c) your treatment requirements or personal circumstances change after dispatch;
(d) you are subsequently advised to discontinue treatment;
(e) you ordered the incorrect product or strength after confirming your Order;
(f) the medicine remains unused, unopened or sealed;
(g) you do not use the medicine before its expiry date;
(h) you experience a known or expected side effect;
(i) you are unable to tolerate the medicine;
(j) the medicine does not produce the result you expected; or
(k) the medicine has been stored, handled or used incorrectly after delivery.
13.9 Where we specifically ask for a medicine or medical device to be returned, we will accept it solely for investigation, manufacturer assessment, product-quality reporting, pharmacovigilance reporting or safe disposal. Acceptance of a returned item does not mean that we have accepted liability, agreed that the product was defective or agreed to provide a refund, replacement, exchange or credit. Needles and other sharps must never be included in any return.
13.10 If you have unwanted medicine, please take it to a local pharmacy for safe disposal. We cannot accept returns for resale.
13.11 Refund timing. Where we decline, cancel or end an Order before dispatch, or are otherwise required to refund you, we will process the refund within 5 (five) working days of our decision. It may take up to 10 (ten) working days for the refund to appear in your account, depending on your bank or payment provider.
13.12 Refunds are limited to the amount you actually paid (see section 10). Subscriptions are cancelled in accordance with section 8. Nothing in this section affects your statutory rights where Goods are faulty, not as described or incorrectly supplied (see sections 14 and 15).
14. DAMAGED MEDICINES AND INJECTION PENS
Supply and checks
14.1 All medicines and injection pens are supplied in their original manufacturer packaging and are checked before dispatch for the correct product, strength, external condition, batch number and expiry date.
14.2 A report that a medicine or injection pen is damaged, jammed, leaking, empty, contains insufficient medicine or is not operating as expected does not, by itself, establish that the product was defective when supplied.
14.3 We will not provide a refund, replacement, exchange or credit where the product has been damaged or rendered unusable after delivery as a result of:
(a) incorrect use or administration;
(b) incorrect, incomplete or excessive priming;
(c) use of an incorrect, incompatible, blocked, bent, damaged or reused needle;
(d) failure to remove the inner or outer needle cap;
(e) incorrect attachment of the needle;
(f) forcing the dose selector, injection button or any other part of the mechanism;
(g) attempting to select a dose that is not available within the pen;
(h) attempting to obtain an additional dose after the authorised doses have been administered;
(i) attempting to extract medicine using a syringe or any other unauthorised method;
(j) dismantling, opening, altering or tampering with the device;
(k) dropping, crushing, striking or otherwise damaging the product;
(l) leaving the needle attached between administrations;
(m) continuing to operate the pen after a possible fault became apparent;
(n) freezing the product or exposing it to excessive heat
(o) incorrect storage or handling; or
(p) failure to follow the manufacturer’s instructions or the guidance we provide.
14.4 Damage arising from any act or omission listed above will not be treated as a manufacturing defect, dispensing error or breach of contract by us.
Reporting an alleged fault
14.5 If you believe that a medicine or injection pen may be faulty, you must:
(a) stop using the affected product immediately;
(b) contact us as soon as the issue occurs;
(c) keep the medicine or device, original carton, dispensing label and all relevant packaging;
(d) keep the batch number and expiry information;
(e) provide clear photographs of the product and packaging;
(f) provide photographs of the dose window, plunger position and any visible damage;
(g) provide video evidence where we ask for it;
(h) provide a full account of how the product was prepared, primed, stored and used;
(i) confirm the needle or accessory used;
(j) confirm the number of doses administered or attempted; and
(k) return the product where we ask you to.
14.6 Please report a suspected fault promptly: for temperature-sensitive medicines within 48 hours of delivery and for any other issue within 7 of delivery. Delay makes it harder to establish the cause and may limit the remedies we can offer, but does not affect your statutory rights.
14.7 You must not force, dismantle, alter, repeatedly operate or dispose of the product after identifying a possible fault.
14.8 We may provide troubleshooting instructions, ask for further evidence, require the use of a new compatible needle where appropriate, require the product to be returned, or refer the matter to the manufacturer, supplier or distributor.
14.9 No refund, replacement, exchange or credit will be provided solely because a product has been reported as faulty or damaged. Any remedy will be considered only after we have reviewed the available evidence and, where appropriate, received the outcome of a manufacturer or supplier investigation.
14.10 Where the evidence indicates incorrect administration, needle obstruction, accidental damage, forced operation, improper storage, misuse or failure to follow instructions, no refund, replacement, exchange or credit will be provided.
14.11 If the product has been discarded, destroyed, dismantled, tampered with, returned incomplete, further used or otherwise made unavailable for inspection, we may be unable to determine whether an inherent defect existed. In those circumstances a refund, replacement, exchange or credit will not normally be provided unless satisfactory independent evidence establishes that the product was defective when supplied.
Medicines damaged during delivery
14.12 You must inspect the external packaging and the medicine promptly after delivery. Any visible damage, tampering, leakage, missing contents or damage to the medicine carton or device must be reported to us as soon as reasonably practicable and before the product is used.
14.13 You must keep the outer packaging, shipping label, internal packaging, product carton, dispensing label and the affected medicine or device, and give us clear photographs of the parcel, packaging and product when we ask for them. Use of the product, disposal of the packaging or failure to keep relevant evidence may prevent us from investigating.
14.14 A refund or replacement will not be provided merely because damage has been alleged. A complaint will be assessed using the available dispatch, packaging, courier, photographic and product evidence.
Incorrect supply and established defects
14.15 Nothing in this section affects any legal rights that cannot lawfully be excluded where:
(a) we supplied the incorrect medicinal product;
(b) we supplied the incorrect strength;
(c) the product was damaged before or during delivery;
(d) the product was not of satisfactory quality when supplied;
(e) the product did not correspond with its description; or
(f) an inherent manufacturing defect is established.
14.16 Each complaint will be investigated on its individual facts and evidence. Where we accept that an incorrect supply, pre-delivery damage or inherent defect has occurred, we will provide an appropriate remedy in accordance with our legal obligations. This section does not mean that every report of damage, malfunction, insufficient medicine or inability to administer a dose will be accepted as evidence of an inherent defect.
15. CONFORMITY AND YOUR STATUTORY RIGHTS
15.1 We have a legal duty to supply the Goods in conformity with the Contract. Upon delivery, the Goods will:
(a) be of satisfactory quality;
(b) be reasonably fit for any particular purpose for which you buy them which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement), and be fit for any purpose held out by us or set out in the Contract; and
(c) conform to their description.
15.2 It is not a failure to conform if the failure has its origin in your materials.
15.3 After-sales service: we will support you in how to administer your medication, report any adverse reactions and with any support you may need for your treatment.
15.4 Nothing in these Terms affects your statutory rights as a Consumer. For information about your rights you can contact Citizens Advice (www.citizensadvice.org.uk).
16. OUR RIGHTS TO CHANGE THINGS
16.1 Goods, Services and Subscriptions. We may at any time, in our sole discretion, add, withdraw, discontinue, suspend, replace, reformulate, re-brand or limit the availability of any Goods, Services, Subscriptions or features of the Platform, and may change the range, strength, dose, pack size, brand, supplier, plan structure, eligibility criteria, clinical protocols and service features. We may do so for clinical or safety reasons, because of supply constraints or shortages (including restrictions or allocations imposed by manufacturers or suppliers), because of changes in law, regulation or regulatory or professional guidance, or for commercial reasons.
16.2 No right to continued supply. You have no right to the continued supply of any particular product, brand, strength, dose, plan, Price or offer. Our obligation is to supply the Goods under an Order we have accepted and, for a Subscription, for as long as it remains active. If we discontinue or materially change the product or plan under your Subscription, your remedy is to cancel it before the next cancellation cut-off in clause 8.5, and we will refund any amount you have paid for Goods not yet dispatched.
16.3 Changes required by law or safety. We may make changes to the Goods that are necessary to comply with any applicable law or safety requirement, and we will notify you of these changes.
16.4 Changes to these Terms. We may amend these Terms at any time, including to reflect changes in law or regulation, changes to our services, systems, Prices or processes, clinical or safety requirements, fraud prevention, or our commercial needs. The amended Terms will be published on the Website and apply to Orders placed, and Subscription renewals generated, after the date they take effect. For an active Subscription we will tell you by email at least 7 days before the amended Terms first apply to a renewal. If you do not accept the amended Terms, you must cancel your Subscription before the next cancellation cut-off in clause 8.5. If you do not cancel, you are treated as having accepted them.
16.5 Changes to Prices are governed by section 9. To the extent permitted by law and subject to section 19, we are not liable to you for exercising any right under this section.
17. OUR RIGHTS TO REFUSE, SUSPEND OR END
17.1 The prescriber or pharmacy may, for any reason (including professional judgement), decline, suspend or terminate any Contract, Order, Subscription or Account. If this happens before dispatch, we will refund in full the amount you paid for Goods not dispatched (see clause 13.11).
17.2 We may also suspend your Account, cancel any Order or Subscription, end the Contract and refuse future Orders if:
(a) you do not allow us to deliver the Goods, or do not collect them, within a reasonable time;
(b) you have abused or misused your Account or Subscription, including by trying to get around our processes, systems or policies, by obtaining medication or prescriptions from external or unauthorised sources, by giving false or incomplete information, by opening multiple Accounts, or by using Discounts in breach of section 10;
(c) you seriously (as we determine) or repeatedly breach these Terms;
(d) a payment fails, is reversed or disputed, or you otherwise default on your payment obligations;
(e) we suspect fraud, identity misuse, resale or other unlawful activity;
(f) you are abusive, threatening or harassing towards our staff;
(g) the Goods are no longer clinically appropriate for you;
(h) we are required to do so by law or by a regulator; or
(i) we stop supplying the relevant Goods or Services.
17.3 If we end a Contract under this section, we will refund any money you have paid in advance for Goods we have not provided, but we may deduct or charge reasonable compensation for the costs we incur as a result. Payments for Goods already dispatched are not refunded, and where clause 8.7 applies we may charge the early cancellation fee.
17.4 Our rights under this section are in addition to any other rights we have.
18. EVENTS BEYOND OUR CONTROL
18.1 If either of us fails to meet an obligation because of something beyond its reasonable control, that party will tell the other as soon as reasonably practicable, its obligations will be suspended so far as is reasonable, and it will not be liable for any failure it could not reasonably avoid. This does not affect your rights relating to delivery and cancellation.
18.2 Events beyond our reasonable control include supply shortages or restrictions, manufacturer or wholesaler allocation, product recalls or safety alerts, regulatory action, courier or postal delays, extreme weather, industrial action, and failures of IT, telecommunications or payment systems.
18.3 If an event of this kind prevents us from supplying your Order for more than 30 days, you may cancel the Order and we will refund the amount you have paid for Goods not dispatched.
19. OUR RESPONSIBILITY TO YOU
19.1 We do not exclude or limit our liability for: death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of your legal rights in relation to the Goods (including the right to receive Goods that are as described, of satisfactory quality and fit for any particular purpose made known to us); or anything else that it would be unlawful for us to exclude or limit.
19.2 Subject to the previous clause:
(a) our total liability to you in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the Price you paid for the Goods or Services giving rise to the claim;
(b) we are not liable for any loss that was not reasonably foreseeable to both of us when the Contract was made;
(c) we are not liable for indirect or consequential loss; and
(d) we only supply Goods for domestic and private use, and we are not liable for any loss of profit, loss of business, business interruption or loss of business opportunity, or for any loss suffered by a third party arising out of your use of the Goods.
19.3 Subject to clause 19.1, we are not liable for loss or damage arising from: information you give us that is false, incomplete or inaccurate; your failure to follow clinical advice, the dispensing label or the patient information leaflet; your delay in responding to us; the acts or omissions of third parties outside our control, such as couriers after delivery, payment providers, your GP, other pharmacies or prescribers, or manufacturers; or events beyond our control (see section 18).
19.4 We are the seller, not the manufacturer, of the products we supply. Manufacturers remain responsible for their own products.
19.5 You will be responsible for any loss we suffer as a direct result of your breach of these Terms or of you giving us false or misleading information, to the extent permitted by law.
20. PRIVACY AND DATA PROTECTION
20.1 Your privacy is critical to us. We respect your privacy and comply with the UK General Data Protection Regulation and the Data Protection Act 2018 (together, the “Data Protection Laws”) with regard to your personal information. These Terms should be read alongside our Privacy Policy (www.thefamilychemist.co.uk/privacy) and our cookies policy.
20.2 We are a data controller of the personal data we process in providing Goods and Services to you. We use that information to confirm your clinical eligibility, to supply the Goods (for example, to deliver to your address), to process your payment, to monitor the safety of your treatment, and to meet our legal and regulatory obligations. Where you supply personal data to us, we will identify the purposes for which it is collected before or at the time of collection, process it only for those purposes, respect your rights in relation to it, and implement technical and organisational measures to keep it secure. You warrant that all data you give us is true and accurate.
20.3 For any enquiries or complaints about data privacy, please contact us using the details in section 2.
21. COMMUNICATIONS AND MARKETING
21.1 Some legal information and notices must be given to you in writing. By using our Goods and Services you agree that we may give you information and notices by email, in-app message, text, telephone, post or by posting them on the Platform, and that these satisfy any legal requirement that they be in writing. This does not affect your statutory rights.
21.2 We will send you service messages about your Orders, Subscription and treatment (including safety and clinical monitoring messages) and these are a necessary part of our service.
21.3 We will send you marketing communications by email, text, post or other electronic means only where you have agreed to receive them or the law otherwise permits. You can stop receiving marketing at any time using the unsubscribe link in any message or by contacting us. Opting out of marketing does not stop service messages.
22. COMPLAINTS, GOVERNING LAW AND DISPUTES
22.1 We try to avoid disputes. If you have a complaint, please contact us. We aim to acknowledge all complaints within two working days of receiving them and, after a full investigation, to respond within seven working days of receipt. If you are unhappy with how we have handled your complaint, you can also contact the General Pharmaceutical Council (www.pharmacyregulation.org).
22.2 If a dispute is not resolved, you may wish to refer it to an alternative dispute resolution provider, which is an independent body that considers both sides of a dispute and helps resolve it without going to court. We are not obliged to use, and have not committed to using, alternative dispute resolution, but will consider any request on its merits.
22.3 The Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the courts of England and Wales or, where you live in Scotland or Northern Ireland, to the courts of Scotland or Northern Ireland respectively.
22.4 We aim to follow the standards and codes of conduct of the General Pharmaceutical Council, copies of which are available at www.pharmacyregulation.org.
23. GENERAL
23.1 These Terms, together with your Order Confirmation and our Privacy Policy, are the entire agreement between you and us relating to the Goods and Services.
23.2 We may transfer our rights and obligations under these Terms to another organisation, provided this does not reduce your rights. You may not transfer your rights or obligations without our written consent.
23.3 Only you and we have rights under the Contract. No other person has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
23.4 Each paragraph of these Terms operates separately. If any court or competent authority decides that one is unlawful, the remaining paragraphs remain in full force and effect.
23.5 If we delay in taking steps against you when you break the Contract, that does not mean you no longer have to comply, and it does not stop us taking steps against you later.
23.6 These Terms are written in English, and headings are for convenience only and do not affect their meaning.
Last updated: 12th October 2026