Terms & Conditions
Last updated 26/03/2014.
Definitions and interpretation
In these terms, the following definitions are used:
Contract – Any agreement between the Seller and the Customer for the sale of Goods;
Customer/you – You (the person who purchases the Goods from the Seller);
Order Confirmation – An email from the Seller to the Customer acknowledging that the order for the Goods has been accepted in accordance with these Terms;
Goods – The Goods that are being sold to the Customer on this website;
Seller/we – The person or business who is selling the Goods know as THE Medical as identified in the clause below (Important Information about the Seller);
Website – The Seller’s Website on which the Goods are advertised.
In these terms, unless the context requires a different interpretation: the singular includes the plural and vice versa; references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these Terms; a reference to a person includes firms, companies, government entities, trusts and partnerships; including is understood to mean including without limitation; reference to any statutory provision includes any modification or amendment of it; the headings and sub-headings do not form part of these Terms; and "writing" or "written" in these Terms, will include e-mail unless otherwise stated.
By using this Website you are agreeing to these Terms.
The contents of this Website are directed solely at those who access the site from the UK. Your use of this Website and any purchase by you on this Website of any products is governed by English Law and will be deemed to have taken place in England and subject to the exclusive jurisdiction of the English courts. Risk and title in the products will pass to you when delivery of the goods to you is completed (see the 'delivery' section below), and you acknowledge and agree to be responsible for complying with any restrictions around the receipt and use by you of the products.
These Terms and any Contract between the Seller and the Customer are only in the English language.
You should print a copy of these Terms or save them to your computer for future reference.
Use of the Website and personal information
The use of the Website by the Customer is governed by the Terms, which apply to any Contract.
The Seller may contact the Customer in connection with the Contract by using e-mail or other electronic communication methods and by pre-paid post and the Customer expressly agrees to this.
Important information about making a purchase
When providing any information to the Seller, the Customer undertakes that all information provided via the Website is accurate, current and complete, and to notify the Seller of any changes which may mean that the information is inaccurate.
The Seller is authorised by the Customer to contact any third party agencies, including credit reference agencies, to verify the accuracy of information provided by the Customer where the Customer has failed to comply with a request for verification of information from the Seller.
A Customer may only purchase Goods from the Website if they are eligible to enter into a contract and are at least 18 years old.
The Seller accepts responsibility for statements and representations made by its duly authorised agents. It is the Customer's responsibility to check that they have identified and are referring to the correct version of the Terms which is current on the date upon which the order is placed via the Website.
Information and advice about a consumer's statutory rights in relation to Goods that are faulty or not as described is available from a local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Details on our Website
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
The packaging of the products may vary from that shown on images on our site.
How the order is processed
The order process is as set out on the Website. Each step allows the Customer to check and amend any errors before submitting the order. It is the Customer's responsibility to check that they have used the ordering process correctly.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After an order has been placed on the Website, the Customer will receive an e-mail acknowledging that the Seller has received the order (order confirmation). Once an order is placed, it becomes legally binding on the Customer. Submission of an order does not mean that the Seller has accepted the order for the Goods unless and until an Order Confirmation is given to the Customer. If the Seller is unable to supply the Goods, for example because those Goods are not in stock or no longer available or because of an error in the price on the Website, the Seller will inform the Customer of this and will not process the order (even if it has already given the Customer an Order Confirmation). If the Customer has already paid for the Goods, the Seller will refund the full amount as soon as possible.
It is the responsibility of the Customer to ensure that the Order Confirmation is complete and accurate and to inform the Seller immediately of any errors. The Seller is not responsible for any inaccuracies in the order placed by the Customer.
Timescales for delivery and delivery charges will vary depending on the availability of the Goods and the Customer's address. Estimated delivery timescales and prices are set out on the Website. Whilst the Seller will use reasonable endeavours to meet any delivery dates, all delivery dates are estimates and approximate only. The Seller cannot guarantee delivery dates and times and time shall not be of the essence for delivery of the Goods. It is the responsibility of the Customer to ensure that the Goods arrive prior to 24th December and other important dates.
Delivery will be completed when the Seller delivers the Goods to the address provided when the order was placed. The Goods will become the responsibility of the Customer from the completion of delivery.
The Seller may employ a reputable carrier to deliver the Goods. If the Customer is asked for a signature upon delivery, it is the responsibility of the Customer to examine the Goods before signing.
Occasionally, delivery to the Customer may be affected by circumstances beyond the control of the Seller. See the clause below (Circumstances beyond the control of the Seller) for the Seller's responsibilities when this happens.
If Goods from the Website are to be delivered outside the United Kingdom, the Customer will be responsible for:
ensuring that the address is in a country to which the Seller will carry out a delivery. The Customer must check on the Website for a list of the countries where delivery may take place; and
the payment of import duties and taxes which are applied when the delivery reaches that destination. The Seller has no control over these charges and cannot predict their amount. The Customer must contact their local customs office before placing an order; and
compliance with all applicable laws and regulations of the country for which the Goods are destined. The Seller will not be liable or responsible if the delivery is a breach of any local law or regulation.
Price and payment
The price of the Goods will be as set out on the Website at the time that the Customer's order is placed. Prices for Goods may change from time to time, but changes will not affect any order that has been accepted by the Seller with an Order Confirmation.
The price of the Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of the Order Confirmation and the date of delivery, the Customer must pay any increase, unless the Customer has already paid for the Goods before the change in the rate of VAT takes effect.
The price of the Goods does not include delivery charges. Payment for Goods plus any delivery charges, must be made by the Customer (unless they qualify for free delivery). Payment must occur at the time that the Goods are ordered using the ordering procedure set out on the Website.
All Goods shown on the Website are subject to availability. The Seller will inform the Customer by e-mail as soon as possible if the Goods ordered are not available and will not process the order if already made (even if it has already given the Customer an Order Confirmation).
Where Goods provided by the Seller come with a manufacturer's guarantee, the details are set out in the manufacturer's guarantee provided with the Goods.
Any guarantee in this clause is in addition to the Customer's statutory rights in relation to the Goods that are faulty or not as described.
The Seller's liability
If the Seller fails to comply with these Terms, the Seller is responsible for loss or damage suffered by the Customer that is a foreseeable result of the Seller's breach of the Terms or the Seller's negligence, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if the loss was contemplated by the parties at the time the order was accepted by the Seller.
The Seller supplies the Goods for domestic and private use. The Customer agrees not to use the Goods for any commercial, business or re-sale purpose.
The Seller has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity, or for any indirect, special or consequential loss.
The Seller does not exclude or limit in any way its liability for:
death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective Goods under the Consumer Protection Act 1987.
Circumstances beyond the control of the Seller
The Seller will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause that is beyond its reasonable control. In these circumstances:
the Seller will contact the Customer as soon as reasonably possible to notify the Customer. The Seller's obligations under these Terms will be suspended and the time for performance of the Seller's obligations will be extended for the duration of the circumstances beyond its control. Where necessary, the Seller will contact the Customer to arrange a new delivery date with the Customer after the circumstances beyond its control are over; and
if the Customer no longer wishes to buy the Goods, it may cancel the Contract under the clause below (Customer's cancellation rights and returns).
If the circumstances beyond the Seller's control continue for longer than 4 weeks, the Seller may cancel the Contract and refund money paid by the Customer in advance.
Customer's cancellation rights and returns
The Customer may cancel a Contract or order in the following circumstances:
in the event of circumstances beyond the Seller's control where it no longer wishes to buy the Goods in accordance with the clause above (Circumstances beyond the control of the Seller); or
in accordance with the Consumer Protection (Distance Selling) Regulations 2000, during the period of seven working days starting from the day after the date that the Goods are received. Working days means that Saturdays, Sundays or public holidays are not included in this period.
The Customer cannot cancel the Contract (other than for reasons of product default or mis-description) in the case of any medicines or medicinal products.
If the Customer decides not to keep the Goods or to cancel a Contract in the circumstances permitted under this clause then:
the Customer must inform the Seller of this writing as set out in the clause below (Important information about the Seller). The Seller may reply by email or by pre-paid letter to the Customer's address;
the Customer must return the Goods in their original packaging, where possible, to the Seller's address for returns set out on the Seller's website or as set out in the clause below (Important information about the Seller), as soon as reasonably practicable and at their own cost;
the Customer must use reasonable endeavours to ensure that the Goods reach the Seller without being damaged or lost. The Seller may claim compensation from the Customer for returned Goods which have been damaged whilst in the possession of the Customer;
the Customer must return the Goods in a reasonable and re-salable condition as they were sold;
the Seller will refund the price paid for the Goods and any applicable delivery charges paid for by the Customer, within 30 calendar days of the day on which the Customer gave the Seller notice of cancellation.
In the unlikely event that the Goods are faulty, defective, wrongly delivered or mis-described the Customer must give the Seller notice of cancellation as set out above and:
as well as refunding the price paid for the Goods and any applicable delivery charges paid for by the Customer, the Seller will refund the Customer's reasonable costs of returning the Goods to the Seller's address for returns;
Goods need not be returned in the same condition as sold but the Customer must return the Goods in the best possible condition; and
Goods should be returned with the original packaging, if available, but will be accepted without the original packaging provided that the Customer has taken all reasonable steps to ensure that the Goods reach the Seller without being further damaged or lost.
The right of cancellation and return of the Goods in this clause do not affect the statutory rights of a consumer in relation to Goods that are faulty or not as described.
Important information about the Seller
The Seller operates the Website www.themedical.co.uk. THE Medical is owned and operated by ABSM Healthcare Ltd (Company Reg. 8515600). The registered address is Unit 3 Heston House, 7-9 Emery Road, Brislington, Bristol, BS8 3DE. Our main trading address is Unit 3, The Square, Temple Quay, BS1 6DG. Our VAT number is 176 5700 90.
We are registered with the General Pharmaceutical Council under the registration number 1120908. Our registration status can be confirmed at www.pharmacyregulation.org. Our Superintendent Pharmacist is Mr Ant Boysan, registration number 2047716.
The Customer can contact the Seller by telephoning 0117 332 69 90 or by e-mailing at email@example.com. For notice in writing (for example cancellation) required by these Terms the notice may be provided by e-mail, or by post to THE Medical at Unit 3, The Square, Temple Quay, BS1 6DG. The Seller will contact the Customer by e-mail, or by post to the address in the Order.
How these terms may be changed
It may be necessary for the Seller to revise these Terms from time to time, including for the purposes of:
changes in how payments are accepted; or
changes in relevant laws and regulatory requirements which apply to the Goods.
Every time the Customer places an order via the Website for Goods, the Terms in force at that time will apply to the Contract between the Customer and the Seller.
The Contract contains the whole agreement between the parties relating to its subject matter.
The Seller may transfer its rights and obligations under these Terms to another person or organisation, and will always notify the Customer in writing if this happens, but this will not affect the Customer's rights or the Seller's obligations under these Terms.
The Contract is between the Seller and the Customer. No other person shall have any rights to enforce any of its terms. The Customer has the right to enforce the manufacturer's guarantee.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them (or any part of them) are unlawful, the remaining paragraphs (and/or the remainder of the relevant paragraph) will remain in full force and effect.
These Terms will be governed by and interpreted according to English law. This means a Contract for the purchase of Goods through the Website and any dispute or claim arising out of or in connection with it or these Terms will be governed by English law. All disputes arising under them will be subject to the exclusive jurisdiction of the English courts.
Liability relating to use of the Website
The Seller and its directors, shareholders and associated persons shall not be responsible for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the Customer or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your or your company's personal information or material and information transmitted over our systems.
All external links provided by the Seller are for the convenience of the Customer and their content is beyond the control of the Seller. The Customer uses these external links at their own risk and should refer to the external websites’ own terms and conditions of use.
The Seller cannot guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any computer system, server, router or any other internet-connected device. The Seller cannot and does not guarantee or warrant that any content of the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output. The Seller does not accept liability for any losses or claims arising from any inability to access the Website or any failure to complete a transaction.
This Website is for personal and non-commercial use. You must not use any materials contained in the Website except to the extent necessary for your own personal use.
All content on this Website is for information purposes only and is not a substitute for professional medical advice; rather it is designed to support, not replace, the relationship between you and your healthcare providers. You should make sure that you carefully read all product packaging and labels prior to use. If you have, or suspect you may have, a health problem you should consult your regular doctor. Please consult your doctor before taking any new product, particularly if you are already under medical care.
Purchase of Pharmacy medicines
When purchasing Pharmacy medicines, the following terms and conditions apply, in addition to all of the terms and conditions above.
- You confirm that you have read and understood all information given on this website regarding your condition and the treatment(s) that you request. You also confirm that you will read the accompanying Patient Information Leaflet before taking any medicines that you receive.
- Where you have previously used the medication(s) requested, you have not experienced side effects or other reactions that would mean it was unsuitable for you to take the medication(s) you have requested.
- Before you begin to take any new medicines that you have not disclosed in the pharmacist questions, you will consult a registered doctor or pharmacist for approval of the suitability with all of your current medications and take full responsibility for doing so.
- You confirm that you have filled in the pharmacist questions truthfully, to the best of your knowledge and ability. You will contact THE Medical if any of the details you have provided change in between the time of submitting your answers and receiving your requested medication(s).
- You understand that for your own safety it is essential that you fully disclose all the personal details, medical and drug history that is requested in the consultation and that omitting information or knowingly providing incorrect information can result in harm to you.
Online Doctor Terms & Conditions
When using the Online Doctor service, the following terms and conditions apply, in addition to all of the terms and conditions above.
THE Medical Online Doctor service is managed by: Red Label Medical Ltd (Reg. No. 08676338)
Medicines dispensed by: ABSM Healthcare Ltd (Reg. No. 08515600)
All content contained on www.themedical.co.uk is owned and maintained by ABSM Healthcare Ltd, which is responsible for all of that content.
By completing an Online Doctor consultation on www.themedical.co.uk you are confirming and truthfully stating that:
- You are an adult of at least 18 years of age, resident in the UK, and I have completed the consultation myself in full out of your own own free will. You confirm that you have the capacity to make informed decisions about your own healthcare and understand the side effects and associated risks of the medication(s) that you have requested.
- You know of no reason that you should not receive the treatment(s) for which you are having a consultation, for health reasons or otherwise.
- You have recently been reviewed by your current GP who has evaluated your current state of health and has deemed it to be of a satisfactory level. You will immediately contact your local GP or another registered doctor for a consultation should the need arise from side effects or other complications following the use of the prescribed treatment(s). In this event you also agree to contact THE Medical by telephone or email to inform them of my condition.
- All medication provided by THE Medical following a consultation with the Online Doctor is for personal use only and will not be passed or sold on to any third party or used to stockpile a supply beyond what can be considered adequate use.
10. You confirm that you have read and understood all information given on this website regarding your condition and the treatment(s) that you request. You also confirm that you will read the accompanying Patient Information Leaflet and Medicines Information sheet before taking any medicines that you receive.
11. Where you have previously used the medication(s) requested from the Online Doctor, you have not experienced side effects or other reactions that would mean it was unsuitable for you to take the medication(s) you have requested.
12. You give permission for the details of this consultation to be shared with a UK-based prescriber employed by THE Medical Online Doctor service who will act in an adjunct capacity to your local GP, not to replace them, and assess your consultation for suitability of the issue of a prescription for my requested medication(s).
13. You wish for THE Medical to dispense my prescription, if it is issued by the prescriber. You understand that you cannot obtain the prescription for dispensing at another pharmacy.
14. Before you begin to take any new medicines that you have not disclosed in your consultation with the Online Doctor you will consult a registered doctor or pharmacist for approval of the suitability with all of your current medications and take full responsibility for doing so.
15. You confirm that you have filled in your consultation truthfully, to the best of your knowledge and ability. You will contact THE Medical if any of the details you have provided change in between the time of submitting your consultation and receiving your requested medication(s).
16. You understand that for your own safety it is essential that you fully disclose all the personal details, medical and drug history that is requested in the consultation and that omitting information or knowingly providing incorrect information can result in harm to you.
17. You will monitor my blood pressure at regular intervals and you will seek medical advice from your GP or another registered doctor if it exceeds 140/90mmHg.