Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are The Family Chemist whose trading name is The Family Chemist Limited a company registered in England and Wales under number 15313203 whose registered office is at Unit 1, Nottingham South & Wilford Industrial Estate, Nottingham, NG11 7EP and whose trading address is Unit 1, Nottingham South & Wilford Industrial Estate, Nottingham, NG11 7EP with email address [email protected]; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.thefamilychemist.co.uk on which the Goods are advertised.
Premisis Registration
The Family Chemist Ltd T/A The Family Chemist GPhC premises registration is 9012915
Superintendent Pharmacist is Tannaz Sohrabi Reg No.: 2225756
Our pharmacists and prescribers are registered with the General Pharmaceutical Council and/or General Medical Council. Necessary due diligence is undertaken before hiring our staff.
The Family Chemist directors are Sunny Dhain and Nikita Dhain.
The Family Chemist ICO registration number is: ZB657677
Core Function
www.thefamilychemist.co.uk is an online pharmacy registered with the GPhC. The Family Chemist primary function is to sell medicines and provide evidence-based advice on conditions we are competent on. Prescriptions are issued following a satisfactory online, remote telephone or video consultation with the competent prescribing pharmacist. Subsequently, the medicines will be dispensed and posted out from our registered pharmacy to your preferred address using recorded delivery.
Goods
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. We source medications at a cost-effective price from various different approved pharmaceutical wholesalers to ensure we remain competitive in the market. From time to time the generic medication brand may differ and therefore we cannot guarantee the generic brand. However if you would like a specific generic brand then please specify when placing an order or send us a email.
12. 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.
13. All Goods which appear on the Website are subject to availability. All goods will be supplied with ample expiry date. As a minimum we will commit to six months expiry on all our goods. We will contact you if the expiry is less than six months for you prior approval.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret. Your registration status and personal information must be up to date at all times to ensure we can communicate with you. You may cancel your registration at any time by writing to us. Any breach of the terms and condition, terms of use or privacy policy will result in the immediate suspension or cancellation of your registration.
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you with marketing/communications by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
18. We do not hold any medical information stored in your NHS record previous to your transaction. We rely solely on your answers to your consultation on identifying appropriate sale of medicines. We cannot take any responsibility for clinical negligence where the consumer has been dishonest in their consultation.
19. We recommend that you inform your GP about your treatments provided by us. The GP has access to your medical records and can ensure you are taking the correct medication. We can inform your GP about the treatments provided but please ensure the GP details are correct.
20. We are required by the General Pharmaceutical Council to complete a identity check before we supply you medication. The Family Chemist uses LexisNexis to complete a basic identity check. This does not affect your credit rating. In the event of a identity verification failure we will send you a message which will give you access to a portal where you can send us proof of residency and photographic evidence.
In order to pass a basic identity check we require your official registered residence however you can still opt to send your parcel elsewhere.
Unfortunately if we fail to verify your identity then we will terminate the contract and based on the advice from the police may not be able to provide a full refund of your sale. We have a legal duty to inform the action fraud team if we feel like information has been falsely provided.
Basis of Sale
21. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
23. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract. The order must be for yourself and no not for someone else.
24. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
25. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
26. We intend that these Terms and Conditions 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 which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
27. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
28. Prices and charges include VAT at the rate applicable at the time of the Order.
From time to time we may send you by email or post voucher codes. These are codes which you may input on our website to qualify for certain promotions. Voucher codes are subject to these Terms and Conditions and any terms and conditions notified to you at the time of issuance of the voucher code. A voucher code is redeemed by entering its code at the appropriate point in the purchase process on the Website. We reserve the right to withdraw or cancel a voucher code for any reason at any time. Voucher codes cannot be exchanged for cash. From time to time certain products may be excluded from web-coupon offers and any such exclusion will be notified to you along with the voucher code or through the Website. No voucher code may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, without our prior written permission. Voucher codes don’t stack. Only one discount at a time can apply to a single order.
29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately.
Delivery
30. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. We aim to dispatch orders within one to two working days. They will be sent using Royal Mail tracked service with delivery lead time of 1-3 working days.
31. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
32. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
33. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
34. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
35. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
36. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
37. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
38. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
39. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
40. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
41. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
42. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised;
b. goods which are liable to deteriorate or expire rapidly.
43. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons.
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
44. The prescriber/pharmacy may, for any reason, choose to terminate the contract. If this is the case we will refund you the full amount with 3-5 working days of receiving payment.
Deduction for Goods supplied
45. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
46. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
- 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 maintain the integrity of all medicines supplied by our pharmacy.
- This 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. Any medicine returned to us cannot be placed back into stock, reused, resold or supplied to another patient.
- We will not provide a refund, replacement or exchange where:
a. you change your mind after the order has been dispatched;
b. you no longer require the medicine or decide not to commence 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.
- Where we specifically request that a medicine or medical device is returned, the return will be accepted solely for investigation, manufacturer assessment, product-quality reporting, pharmacovigilance reporting or safe disposal.
- Acceptance of a returned medicine or medical device does not mean that we have accepted liability, agreed that the product was defective or agreed to provide a refund, replacement, exchange or credit.
Damaged medicines and injection pens
- 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.
- 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.
- 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 provided by us.
- 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
- 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. retain the medicine or device, original carton, dispensing label and all relevant packaging;
d. retain 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 requested;
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 requested.
- You must not force, dismantle, alter, repeatedly operate or dispose of the product after identifying a possible fault.
- We may provide troubleshooting instructions, request 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.
- 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.
- 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.
- 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
- You must inspect the external packaging and medicine promptly following 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.
- You must retain the outer packaging, shipping label, internal packaging, product carton, dispensing label and affected medicine or device.
- Clear photographs of the parcel, packaging and product must be provided when requested.
- Use of the product, disposal of the packaging or failure to preserve relevant evidence may prevent us from investigating the complaint.
- A refund or replacement will not be provided merely because damage has been alleged. The complaint will be assessed using the available dispatch, packaging, courier, photographic and product evidence.
Incorrect supply and established defects
- Nothing in this policy 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.
- 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.
- The existence of 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.
Conformity
50. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
51. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods 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 judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
52. It is not a failure to conform if the failure has its origin in your materials.
53. We will provide the following after-sales service: The seller will support the customer in how to administer their medication, report any adverse reactions and any support they may need for their treatment..
Circumstances beyond the control of either party
54. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
Privacy
55. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
56. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.thefamilychemist.co.uk) and cookies policy.
57. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
58. We are a Data Controller of the Personal Data we Process in providing Goods to you.
59. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal
Data is secure
60. For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].
Excluding liability
61. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
62. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
63. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
64. We try to avoid any dispute, so we deal with complaints in the following way: We will aim to acknowledge all complaints within two days of receiving them. After a full investigation we will try to respond within seven days of receipt. We will try providing a response that is above your expectations and you may wish to respond. You can also contact the General Pharmaceutical Council (GPhC) for further advice if we fail to hit the level of service we strive to deliver via https://www.pharmacyregulation.org/
65. We aim to follow these codes of conduct, copies of which you can obtain as follows: General Pharmaceutical Council available from https://www.pharmacyregulation.org/