THESE TERMS AND CONDITIONS (“TERMS”) APPLY TO THE SALE AND DELIVERY OF MEDICAL CONSULTATIONS AND PRESCRIPTION MEDICATIONS THROUGH THE WEBSITE WWW.HOMINGO.COM
BY CLICKING “CONFIRM ORDER”, YOU ARE AGREEING TO THESE TERMS. THESE TERMS CREATE A CONTRACT BETWEEN YOU AND AJPHARM LIMITED, COMPANY NUMBER 06999357 AND REGISTERED OFFICE AT GROSVENOR HOUSE, 160 GILLETT ROAD, THORNTON HEALTH, CR7 8SN, UNITED KINGDOM (“PHARMACY”).
Pharmacy sells medical consultations and certain prescription medications through the Website. The Website is owned and operated by HOMINGO OÜ, ADDRESS AHTRI TN 12, TALLINN, 10151, ESTONIA, COMPANY REGISTRY CODE 16159760 (“HOMINGO”). Pharmacy fills and dispenses medications and provides medical consultations through Prescription Counter pharmacy registered with the General Pharmaceutical Council with number xxxx (pharmacyregulation.org/registers/pharmacy/registrationnumber/xxxx).
THESE TERMS AND CONDITIONS (“TERMS”) APPLY TO THE SALE AND DELIVERY OF MEDICAL CONSULTATIONS AND PRESCRIPTION MEDICATIONS THROUGH THE WEBSITE WWW.HOMINGO.COM
Knowledge and Consent. By clicking “Confirm Order”, you acknowledge that you are of the age of majority, of sound mind, and consent to these Terms with full knowledge and without undue influence or duress and that you have every opportunity to obtain independent legal advice with respect to these Terms.
Power of Attorney. You authorize and appoint HOMINGO as your attorney and agent, to take all steps, sign all documents, and act on your behalf as if you were personally present and acting for yourself for the limited purposes of facilitating the purchase of medical consultations and pharmaceutical products through Pharmacy. This authorization shall include but not be limited to, the collection of your personal and personal health information and the disclosure of such information to Pharmacy and any other health professionals being retained on your behalf, as required. You may revoke this authorization at any time by notifying Pharmacy in writing, but if you revoke this authorization you will not be able to purchase medical consultations or pharmaceutical products through the Website. This authorization shall continue until you revoke it.
1. Terms and Conditions of Sale
1.1 What these terms cover.
These are the terms and conditions on which we supply products to you ; whether these are goods or services on the www.prescriptioncounter.co.uk website. For the avoidance of doubt these terms and conditions do not pertain to the supply of NHS Prescriptions or any other service provided under the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 as may be amended from time to time.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are.
We are AJPharm Limited a company registered in England and Wales under the trading name of Prescription Counter. Our company registration number is 06999357 and our registered office address is: Grosvenor House, 160 Gillett Road, Thornton Heath, CR7 8SN, United Kingdom. Our registered VAT number is GB240776406.
2.2 How to contact us.
You can contact us using the following email address email@example.com or by telephone using the following number 0203 659 3149.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because it may not be clinically appropriate to supply the product you have ordered, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK and EU.
Our website is solely for the sale or supply of our products in the UK and EU. Unfortunately, we do not deliver to addresses outside the UK or EU.
3.5 English Language.
We only provide treatment and advice in English and it will be your responsibility to ensure that you fully understand our advice.
You must not use our website or services for emergencies. In emergencies, you should consult your local doctor or the emergency department of your nearest hospital.
4. Our products
4.1 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
5. Your right to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (please refer to clause 8).
6. Our right to make changes
Changes to the products and/or services.
We may change the product or our services offered on the website at any time which may include amendments required to reflect changes in relevant laws and regulatory requirements.
7. Providing the products
7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
We will deliver the products that are the subject of your order as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to take delivery, our delivery company will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We will only post the products through the letterbox without the need for a signature where you have specifically selected this option during the ordering process.
7.5 If you do not re-arrange delivery.
After a failed delivery to you and you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.6 Automatic delivery upgrades.
In some instances, we may have to automatically upgrade your delivery method; if the shipment does not comply with the size constraints of your chosen delivery method or your chosen delivery method does not have adequate insurances. In these instances, we will not charge you any more for the upgrade.
7.7 Combination of orders.
In the event that two or more orders are placed to the same address by the same account on the same day, we may combine the orders into one single delivery. This decision is ultimately at the discretion of the pharmacist on duty. You will not be charged any extra fees, nor will you be re-reimbursed for the cost of the delivery.
7.8 When you become responsible for the goods.
The products which we deliver to you will be your responsibility from the time we deliver the product to the address you gave us.
7.9 When you own goods.
You own a product which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, the information you are asked to give us for the medical assessment prior to placing your order with us. If we require additional information, we will contact you to ask for this information. We will not be responsible for liability arising out of supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We will also not be responsible for liability arising as a result of any incorrect or misleading information you have given us.
7.11 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product after an order has been accepted by us due to a change in relevant laws and regulatory requirements or where the supply of the product would not be clinically appropriate.
7.12 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product if we have already accepted your order. You may contact us to end the contract for a product if we suspend it and we will refund any sums you have paid in advance for the products that have not been supplied to you.
7.13 No right of re-supply.
You agree that you will not sell, supply or make available the products we have supplied to you to any other person.
7.14 Mental Capacity Act 2005.
You confirm that consent to care and treatment from our website has not been sought in line with the Mental Capacity Act 2005.
8. Your rights to end the contract
8.1 Ending the contract because of something we have done.
You may be able to end a contract for a reason set out at (a) to (c) below. Where you decide to end the contract, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
a. we have told you about an upcoming change to the product (please refer to clause 6);
b. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c. there is a risk that supply of the products may be significantly delayed because of events outside our control.
8.2 When you don’t have the right to change your mind.
You will not be able to return any medicines which you have ordered if the return is not for any of the reasons set out in clause 8.1 above. Please note that the Consumer contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the sale of medicinal products under a prescription.
8.3 How we will refund you.
If you are exercising your right to end a contract based on the reasons set out in clause 8.1, we will refund you the price you paid for any products which have not been despatched to you, by the method you used for payment.
9. Our rights to end the contract
9.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
a. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
b. you do not, within a reasonable time, allow us to deliver the products to you.
10. If there is a problem with the product
10.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us.
10.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11. Price and payment
11.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay.
We accept payment with Visa, Mastercard and American Express credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.3 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, loss of sales, loss of revenue, business interruption, business interruption, loss of business opportunity or for any indirect or consequential loss or damage.
13. How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
a. to supply the products to you;
b. to process your payment for the products; and
14. Other important terms
14.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
14.2 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer and not resident in the UK, you may in some circumstances be permitted to bring proceedings in the EU member state in which you reside. If you are a business customer, then you agree to the exclusive jurisdiction of the English courts.
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