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Terms of Sale
1 INFORMATION ABOUT US
1.1 www.morningsidepharmacy.co.uk is a site operated by Morningside Leicester Limited (we/us/our).
1.2 We are registered in England and Wales under company number 02277762 and with our registered office at 9 University Road, Leicester, LE1 7RA. Our main trading address is Morningside Pharmacy (Glenfield) 64 Station Road, Glenfield, Leicester LE3 8BQ and this is the address we will be dispensing the Products from. Our VAT number is 485 5725 07.
1.3 We are regulated by Royal Pharmaceutical Society of Great Britain under registered number 1034147. Further information on the Royal Pharmaceutical Society of Great Britain can be found at www.rpsgb.org.
1.4 The Superintendent Pharmacist is Mr Danesh V Gadhia, registration number 82144.
2 INFORMATION ABOUT SUPPLYING MEDICINES ONLINE
2.1 We operate to professional standards and guidance issued in respect of dispensing pharmaceutical products online and in particular we subscribe to the seven principles (summarised below) set out in the Code of Ethics from the Royal Pharmaceutical Society of Great Britain together with the laws set out in the Medicines Act 1968 and other such applicable United Kingdom and European legislation.
2.2 Under the Code of Ethics we make your care our first concern and as well as complying with the law and professional standards we will use our professional judgement to assess the appropriateness or otherwise of supplying Products to you.
2.3 The Code of Ethics requires us:
2.3.1 to provide a proper standard of practice and care to you;
2.3.2 seek all relevant information required to assess your needs;
2.3.3 ensure you have safe and timely access to medicines and that such medicines are appropriate for you;
2.3.4 encourage you and be satisfied that you are able to use the medicines prescribed to you;
2.3.5 be satisfied in relation to the integrity and quality of the Products supplied to you;
2.3.6 provide services to professional standards to include ensuring you have access to relevant facilities, equipment and materials.
2.4 Further information on the Code of Ethics can be found at Royal Pharmaceutical Society of Great Britain website www.rpsgb.org.
2.5 We provide general information on all our Products but we cannot advise you specifically of the impact of the Products on your medical condition. There is no substitute for professional care by a qualified practitioner and you should seek to ensure from such qualified practitioner that you have understood and ordered the correct Products from us. If you are concerned and not sure about the Products to order please advise us before placing an order or alternatively consult an appropriate healthcare professional.
2.6 The way the internet, our site and your computer works mean that Products and Information about Products may not always be up to date. The nature of medical advice and the Products we offer are such that they may be subject to constant changes. We will do what we can to ensure that our website is updated but we cannot control your personal computer or the internet and you should always make sure you check that you have ordered the correct Product(s) and have the latest details in relation to that Product(s). Although we will endeavour to do so we cannot guarantee that the information on our website is accurate and up to date at all times.
3 SERVICE AVAILABILITY
Our site is only currently intended for use by people resident in the United Kingdom. That is not to say we will not assist customers outside of the United Kingdom. Please contact us first if you are outside of the UK or a non UK resident and wish to place an order. Some restrictions are also placed on the extent to which we accept orders from Scotland, Wales and Ireland. Where we are aware of restrictions we will endeavour to you advise you of these restrictions where applicable prior to completion of a sale.
4 YOUR STATUS AND ORDER
4.1 By placing an order through our site, you warrant that:
4.1.1 You are legally capable of entering into binding contracts;
4.1.2 You are at least 18 years old;
4.1.3 You are resident in the United Kingdom;
4.1.4 You will at all times supply true and accurate information;
4.1.5 You have relevant authority to purchase such Products (whether for yourself or any third party); and
4.1.6 You are not breaching any laws or regulations by ordering such Products.
5 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product(s) has been dispatched (the “Dispatch Confirmation”). The contract between us will only be formed when we send you the Dispatch Confirmation (“Contract”).
5.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6 CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 11 below).
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
6.3.1 Any Products which are made to your specifications or clearly personalised or which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
6.3.2 Any matter which you are not eligible to cancel or return pursuant to the Consumer Protection (Distance Selling) Regulations 2000 or any other such regulation, legislation and in particular but not limited to our legal compliance obligations relating to medicinal Products.
6.3.3 Any Products listed as POM, P or GSL by The Royal Pharmaceutical Society of Great Britain (“RPSGB”). If you are unsure as to whether a Product falls in to such categories please ask before purchasing.
6.3.4 The Royal Pharmaceutical Society of Great Britain (RPSGB) sets out the following explanation of products referred to in clause 6.3.3:
(a) POM: meaning a substance which, by virtue of an entry in the Prescription Only Medicines (Human Use) Order 1997, as amended, may be sold or supplied to the public only on a practitioner's prescription
(b) P: A substance which is a pharmacy medicine, ie, is not subject to the prescription-only requirements of the Prescription Only Medicines (Human Use) Order 1997, as amended, and which is not included in the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984, as amended
(c) GSL: A substance described in the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984, as amended, made under the Medicines Act 1968
6.4 Any Products which once opened cannot be offered to sale to another customer such as hygiene, beauty products including but not limited to make up, fragrances, personal care products, under garments and other such products.
6.5 Please note that if you are ordering a prescription pursuant to our prescription based services or require any Products which are of a medicinal nature which have to be specifically made for your requirements, you will not have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 or under any other legislation or regulation once we have processed your order. You should contact us immediately by telephone on 0845 45 999 65 to ascertain whether we have started processing your order.
7 MEDICAL INFORMATION AND ADVICE
7.1 ANY ADVICE OR INFORMATION GIVEN TO YOU BY US IS NO SUBSTITUTE FOR OBTAINING PROPER MEDICAL ADVICE FROM A PROFESSIONAL HEALTHCARE EXPERT. PLEASE NOTE OUR LIABILITY LIMITS UNDER CLAUSE 12.
7.2 Where you are requesting Products which are of medicinal nature, we will assume you have received professional advice from a doctor or other health professional in relation to using such Products.
7.3 Please note that any medical information received and advice given will be treated in accordance with our Privacy Policy. In particular we may share information given by you with the manufacturer of the Products.
7.4 You should read and make sure understand all medicinal Products before using them.
7.5 Not all Products offered for sale on this site are suitable for all medical ailments and some may even aggravate pre-existing conditions which you are already being treated for.
7.6 Please note that information (including but not limited to colours, images, video and samples) about Products and the accuracy of such information shown on the site may not always be up to date due to factors beyond our control, such as our third party Products list providers, who may not always update Product details and also your PC or internet connection may not always show the latest web pages.
7.7 UNDER NO CIRCUMSTANCES SHOULD YOU TAKE ANY MEDICINE WHICH HAS NOT BEEN TAILORED OR ALTERED BY US AND WHICH APPEARS TO HAVE BEEN OPENED OR OTHERWISE INTERFERED WITH.
7.8 YOUR HEALTH IS OF PARAMOUNT IMPORTANCE TO US AND WE RESERVE THE RIGHT TO ASK AS MANY QUESTIONS AS WE LIKE TO ENSURE THE FOLLOWING:
7.8.1 That you receive the correct Products;
7.8.2 That you have received proper medical advice;
7.8.3 That you are who you say you are;
7.8.4 That you know how to administer/use the Products;
7.8.5 That you are the age you say you are;
7.8.6 That you have proper authority for any third party you are ordering on behalf.
8 AVAILABILITY AND DELIVERY
8.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8.2 It is your responsibility to ensure that you complete all delivery details correctly and promptly inform us of any changes. Where you enter incorrect details we are not obliged to re-send Products to you at our expense.
8.3 We reserve the right to deliver in parts where your order cannot be fully completed whether due to stock, the manufacturers or a Force Majeure Event (see clause 18 below).
8.4 The delivery costs will be set out at in the Delivery Guide. You will also be able to view the delivery options and costs before completing your purchase.
8.5 Time for delivery shall not be the essence of the Contract but we will endeavour to deliver within the times stated by us.
9 RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10 PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due. Details of charges are set out in our Delivery Guide.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products must be by credit or debit card. We accept payment with MasterCard, Visa, Debit Cards and as shown on our web payment processing pages. We will not charge your credit or debit card until we despatch your order.
10.7 Where you have provided your credit/debit card details you confirm that you are authorised to use such card and are also authorised to allow us to take payment in respect of any Products ordered from us. In relation to our online prescription services you agree that we may charge your credit/debit card for such services and any other such charges that may be due under such service.
10.8 Where a credit/debit card has been used for payment we will only refund (when eligible) you on the same card that payment was originally made.
11 OUR REFUNDS AND EXCHANGE POLICY
11.1 When you return a Product to us:
11.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us and you must return the item to us within 28 days from the date you notify us of your cancellation.
11.1.2 for any other reason (for instance, because you have notified us in accordance with clause 23 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.3 Please note that all returns whether for a refund or exchange will be assessed before we process your request. In particular please note that Digital, electrical and photographic Products will only be accepted as returned if they complete with all leads, software (unopened) and other accessories.
11.4 All faulty Products will be dealt with in accordance with the manufacturers warranty terms. This does not affect your statutory rights. Please ensure that you advise us of the details of the fault or damage and return them to us as soon as possible and within the manufacturers warranty period. We will then proceed to deal with the faulty or damaged Product in accordance with the manufacturer’s warranty.
11.5 Where a delivered Product has been damaged in transit, please contact us immediately for further instructions and where possible you should refuse to accept delivery.
12 OUR LIABILITY
12.1 Before purchase any Products, you must ensure that you are satisfied about:
12.1.1 the appropriateness or otherwise of the particular Products you wish to order,
12.1.2 the Product(s) correct use and administration,
12.1.3 the Product(s) storage, handling and waste disposal.
We will help and assist where possible but it is your primary liability and duty to check such matters and we will not be liable for any losses, damages or other consequences as a result of your failure to adhere to clause 12.1.
12.2 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products you purchased.
12.4 We rely on being provided accurate honest information about you, the patient or animal. We will accept no liability or responsibility for any and all loss or damage that may result including but not limited to direct losses or losses you may incur pursuant to clause 12.5 due to our reliance on inaccurate or false information supplied by you or on your behalf.
12.5 This clause 12 does not include or limit in any way our liability:
12.5.1 For death or personal injury caused by our negligence;
12.5.2 Under section 2(3) of the Consumer Protection Act 1987;
12.5.3 For fraud or fraudulent misrepresentation; or
12.5.4 For any deliberate breaches of these terms by us that would entitle you to terminate the contract between us.
12.5.5 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate the contract between us, including but not limited to:
12.6.1 loss of income or revenue
12.6.2 loss of business
12.6.3 loss of profits or contracts
12.6.4 loss of anticipated savings
12.6.5 loss of data
12.6.6 loss of data, or
12.6.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable;
provided that this clause 12.6 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories 12.6.1 to 12.6.7 inclusive of this clause 12.6.
12.7 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
13 PRESCRIPTIONS
THE FOLLOWING SETS OUT THE ADDITIONAL TERMS AND CONDITIONS WHICH APPLY IN RELATION TO OUR ONLINE PRESCRIPTION BASED SERVICES.
13.1 We offer an online prescription service catering for NHS prescriptions, private prescriptions, Vet prescriptions and for repeat prescriptions. You can search for the Products you need but any purchase will be subject to the terms and conditions set out below and the terms generally (including the Terms of Use and Privacy Policy together with any other applicable document).
13.2 You must register and sign up to use our prescription based online services. Further details are set out on the site. Please note that we may not be able to offer you this service if you do not consent to providing us with all necessary information requested.
13.3 You must be eligible to receive a valid UK prescription.
13.4 We must receive the original physical hardcopy of the prescription where an order for a prescription based Product has been made online. We shall be under no liability for failing to fulfil an order where we have not received the physical original hardcopy of the prescription.
13.5 Where we do not receive a valid prescription and/or where you are not eligible for a valid UK prescription we will charge you in respect of our administration costs, currently set at £5.00. We reserve the right to automatically deduct such charges from any credit or debit card provided/registered for use under our online prescription based services.
13.6 Where you ordering a prescription on behalf of someone else, you will need to demonstrate to us that you have the relevant authority to do so before we agree to deal with the order.
13.7 Delivery charges for prescription based services are set out in the Delivery Guide. Please note that clause 18 applies to prescriptions and although we aim to deliver prescriptions using first class post (or better (where requested) unless otherwise requested by you) we cannot control third party carriers, suppliers or manufacturers who may be in a position to influence deliveries.
13.8 We will carry out relevant checks and verifications against the information provided to us when the order was placed. We will do this in accordance with our Privacy Policy. Where we cannot verify who you are we will not process your order and will refund any payment made by you.
13.9 Prescription charges will be communicated (whether electronically or otherwise) to you upon placement of your prescription order. Please note that you are legally obliged to be accurate when placing an order and must not under any circumstances make a false declaration.
13.10 Private prescriptions will be charged at a minimum of £5.00 per order irrespective of the quantity of the particular Product(s)/prescription you have ordered.
13.11 Where we are unable to complete a prescription due to availability, we will contact you to advise you accordingly and make a refund to you.
13.12 Upon receipt of the prescription Products please check and make sure that they are as ordered and notify us promptly if you have any problems.
13.13 YOU MAY DAMAGE YOUR HEALTH IF YOU HAVE NOT CHECKED YOUR PRESCRIPTION OR CHECKED TO MAKE SURE THE PRODUCTS ORDERED ARE CORRECT AND IN ACCORDANCE WITH YOUR PRECRIPTION.
13.14 Please note that we rely upon you to be honest and accurate when requesting prescriptions. You must disclose all relevant information.
13.15 We reserve the right to request written evidence from you in relation to any aspect of the prescription service provided to you including but not limited to matters such as age and exemption from payment.
14 VETERINARY PRODUCTS
14.1 We are not experts in the field of veterinary medication but will try our best to assist and help you when choosing such Products.
14.2 Prior to purchasing veterinary Products you should be satisfied that you have ordered the correct Products. Please refer to www.noah.co.uk for further information on obtaining the right Product for your requirements.
15 IMPORT DUTY
15.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
15.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
16 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17 NOTICES
All notices given by you to us must be given to Customer Service, Morningside Leicester Ltd at info@morningsidepharmacy.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18 TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19 EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
19.2.1 Strikes, lock-outs or other industrial action.
19.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
19.2.3 Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster.
19.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.2.5 Impossibility of the use of public or private telecommunications networks.
19.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20 WAIVER
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
21 SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22 ENTIRE AGREEMENT
22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
23 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24 WEEE REGULATIONS
24.1 The Waste Electrical and Electronic Equipment (WEEE) Regulations 2006 requires you to dispose of your waste electrical goods at a relevant collection facility rather than through our domestic waste.
24.2 Further information in relation to the WEEE Regulations can be found at http://www.opsi.gov.uk/SI/si2006/20063289.htm
24.3 Further information on local collection facilities can be found at www.recycle-more.co.uk.
25 LAW AND JURISDICTION
25.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
26. Privacy Policy
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