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SimplyMeds Online Terms and Conditions

The terms and conditions below outline how you may use this website (www.SimplyMedsOnline.co.uk) and all associated webpages.

It is important you read and understand the terms and conditions carefully before you purchase anything from our site. Please check that you fully understand and agree to all the points outlined before using this site.

It is important to acknowledge that these terms and conditions may vary from time to time. You agree and accept these terms and conditions when using this website and the services it provides. If you do not agree or accept these terms and conditions, you should not continue to use SimplyMeds Online.

1. Definitions

We, us or our

Refers to this website, www.SimplyMedsOnline.co.uk

You or your

Refers to the person accessing or using www.SimplyMedsOnline.co.uk

Content

Refers to any images, videos, text audio on www.SimplyMedsOnline.co.uk


2. Using the Site

2.1 SimplyMeds Online is for non-commercial personal use only.

2.2 With any purchases made on our site you agree to be legally bound by:

 

2.2.1 Our terms and conditions and any documents referred to within them;

2.2.2 Any extra terms which may be added or could replace some of this contract. This could happen for regulatory or legal changes or for security reasons; and,

2.2.3 terms which specifically apply to certain products.

 

2.3 You understand that you are solely respoxible for:

 

2.3.1 Any and all costs or expenses you may incur when using our site; and

2.3.2 Keeping your passwords and other account information confidential

2.4 This website is based in the UK. If you are accessing this website from outside the UK, you are responsible to comply with local laws where they are applicable.

2.5 We endeavour to keep the website as accessible as possible to all who wish to use it. If you encounter any issues or difficulties please contact our customer service at [email protected]

2.6 If you do not comply to these terms and policies, we have the right to suspend and restrict you your access to our site.

3 Rights and Responsibilities

3.1 This Agreement highlights both yours and our legal rights and responsibilities outlining key information necessary under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the Electronic Commerce Regulations 2002.

In this Agreement:

  • You or your refers to the user who is using SimplyMeds Online to purchase goods and services

  • We, us or our refers to the website, www.SimplyMedsOnline.co.uk who is the product or service supplier

3.2 Company Details

  • Online Express Medicines LTD (trading as SimplyMeds Online) is registered in England and Wales. The company number is 09834329

  • The company is registered at 438 Green Lane, Seven Kings, IG3 9LD

  • Our UK VAT number is 233008158

3.3 Regulatory Organisations

3.4 Supply of Medication

 

3.4.1 We provide you with access to online consultation with a qualified UK registered Pharmacist Independent Prescriber to can treat your medical condition.

3.4.2 Undertaking a consultation and purchasing treatment are subject to the terms and conditions of this agreement.

3.4.3 It is in your best interest that we share information or contact your GP (General Practitioner) about your consultation. However, without your consent we cannot proceed to do so, therefore the prescriber will take full responsibility for your care and after care.

3.4.4 All prescribed medication will be dispensed by a UK registered pharmacist, as instructed on the provided prescription written by our prescriber. Full details of both the prescriber and the pharmacist can be found on our website www.SimplyMedsOnline.co.uk

 

3.5 Warranties

 

3.5.1 Warranties by you

You agree when completing our online consultation questionnaire that all disclosed information is truthful and honest and to the best of your knowledge.

Any questions answered untruthfully instantly voids this agreement.

 

3.5.2 Warranties by us

We agree and confirm that your consultation questionnaire will be reviewed only by the prescriber and our pharmacy team for the purpose of treating your condition.

We agree and confirm that any medication prescribed and supplied is dispensed by UK registered pharmacists.

 

3.6 Description of medication

The description of medication is dependent on the prescription.

 

3.7 Price

The price of the medication is dependent on the prescription.

 

3.8 Ordering goods from us

 

3.8.1 In according with The Consumer Rights Act 2015, you have specific legal rights.

3.8.2 The goods provided by us must comply with your legal rights.

3.8.3 Any person under the age of 18 may not buy goods from our site. Should we discover that you are under the age of 18 when ordering medication from our site. We have the right to immediately prevent you from using our site and or completing any transactions for the products. We have the right to investigate your identity to confirm your age. This also includes to determine whether you are using the service on behalf of another individual. Should this be the case, we will notify relevant authorities immediately that you have attempted to use our site under age.

3.8.4 Your order is placed once you have completed and submitted a medical questionnaire to our prescriber. If clinically appropriate, the prescriber will issue a prescription to our dispensing team which is also checked by our pharmacist.

3.8.5 Once the checkout process has been completed, your treatment request will be acknowledged by an on-screen prompt and email. However, this acknowledgement does not confirm your request has been authorised by the prescriber.

3.8.6 We may need to contact you: Pharmacy team or prescriber should we not accept your order. For example, this may be due to the following reasons:

  • Payment unsuccessful

  • Multiple treatment for the same indication

  • Referral to your GP

  • Product availability

(Please note, not limited to the list above)

3.8.7 Your order will be considered as confirmed when you receive an email confirming dispatch. At this point the prescriber has accepted your consultation. The pharmacy has dispensed your prescription and your treatment has been dispatched for delivery to you. This is a legal binding contract between yourself and us and we will dispatch the goods to you.

3.8.8 If the requested medication is unavailable for supply, a substitute or alternative may need to be considered. In this instance, we will contact you if we intend to do this. You have the right to refuse supply of alternative treatments in which case a refund will be offered.

3.8.9 Packaging may vary to what is displayed on our site.

3.8.10 In this agreement your legal rights under relevant acts remain unaffected.

 

3.9 Payment

 

3.9.1 The following debit and credit cards will be accepted: Visa, MasterCard, American Express. 

3.9.2 We endeavour to ensure that all payment information you provide us for the payment of goods are secure with the use of an encrypted payment gateway. However, in absence of negligence on our part we are not legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

3.9.3 Your chosen payment card will only be charged once the checkout is completed.

3.9.4 All payments will forgo authorisation checks by the relevant card issuer

3.9.5 The price of goods in GBP (£), EUR (€), or other European currency or other non-European currency.

 

3.10 Delivery

 

3.10.1 Delivery is completed by either Royal Mail, UPS and DPD. Medicines will be dispatched in packages in the official languages of the state they are being sent to.

3.10.2 The estimated delivery date is outlined in the delivery information page and the tracking information supplied.

3.10.3 If for any reason, there is a delay in delivery which is outside our control, we shall inform you of a revised estimated delivery date.

3.10.4 Delivery will take place to the provided delivery address.

3.10.5 Identity verification software will be used to verify your age and identity. Upon delivery you may be asked to present your ID to the delivery person.

3.10.6 You can request to have your goods delivered to another address.

3.10.7 If a delivery has not been attempted within 10 days of dispatch, we will look into replacing the undelivered goods.

3.10.8 All deliveries require confirmation of receipt unless the recipient is unable to provide details.

3.10.9 Once the package is dispatched, you are bound by our terms and conditions of use of our shipping couriers. As mentioned in 3.10.1.

3.10.10 Once the goods have been delivered you are solely responsible for them.

 

3.11 Right to refund and cancel

 

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – Part 3 - Right to cancel – Regulation 28 specifies exceptions to the right to cancel:

28. —(1) This Part does not apply as regards the following-

  • The supply of goods that are made to the consumer’s specification or are clearly personalised;

  • The supply of goods which are liable to deteriorate or expire rapidly;

(3) The rights conferred by this part cease to be available in the following circumstances-

  • In the case of a contract for the supply of sealed goods which are not suitable for return due to health protection…

3.11.1 In light of the above and in view of the type of product and service offered on our Site, this exception applies and you have no right to cancel. We are however exercising our discretion and giving patients the right to cancel their order up to the point when their treatment is dispatched. The pharmacist must destroy any medication within 60 days of it being returned, even un-opened boxes, so we are not able to offer refunds once the treatment has been dispatched.

3.11.2 If you cancel this contract prior to the point of dispatch, we will issue a refund for the full cost of the initial order.

3.11.3 We will issue the refund without delay, and not later than 10 days after the day on which we are informed about your decision to cancel this contract.

3.11.4 The refund is issued to the same means of payment as you used for the initial transaction., You will not incur any fees as a result of the refund.

3.11.15 If this contract is ended it will not affect our right to receive any money that you owe to us under this contract.

 

4 Ownership and Intellectual Property Rights

 

4.1 We own this Site and all Intellectual Property Rights in it including but not limited to any Content. Intellectual Property Rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other Intellectual Property Rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit.

 

4.2 All material contained and presented on this Site, including but not limited to text and graphics is our copyright or similar rights, unless otherwise expressly stated. We reserve all its rights and strictly forbid any unauthorised use or duplication. Any statutorily authorised rights to print or download are strictly limited for your sole personal use. No material, however, can be used for any commercial purpose whatsoever.

 

4.3 The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission. Any copies of the pages of this Site which you save, by any means whatsoever can only be used for subsequent viewing purposes or to print extracts for personal use. Unless otherwise expressly permitted in writing, you may not create a database in any form whatsoever of these webpages.

 

4.4 You agree not to adjust, to try to circumvent, or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

 

4.5 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site.

 

5 Software

 

5.1 Software can be available for you to download in order to help you access the SimplyMeds Online website. This software can only be used if you agree to be bound to the terms and conditions that apply to such software. (this is known as an End User Licence Agreement or ‘EULA’). These terms and conditions will be made available to you at the point you try to download the software. If you do not agree to the terms and conditions the download will not be available to you. You should read these terms and conditions carefully to protect your own interests.

 

5.2 All software you download is solely for your own personal use in a non-commercial manner.

 

6 Submitting information to the website

 

6.1 While we try to ensure that the website is secure there is no guarantee that any information you supply is secure, for this reason we cannot guarantee all the information you provide will be kept confidential. In the case of sharing information with the site, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). Although feedback is valued and welcomed, you agree to not submit any Unwanted Submissions.

 

6.2 Any Unwanted Submissions may be used as we see reasonably fit on a free-of-charge basis (this is on the basis that we are unaware and have no way of knowing that the information is confidential, commercially sensitive or valuable as we do not monitor the site to check these matters). For this reason, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

 

6.3 We may disclose your information to a third party as part of a sale or initial public offering of the assets of Online Express Medicines Limited or any subsidiary, division or affiliate of Online Express Medicines Limited, or as the result of a change in control of Online Express Medicines Limited or any one of its affiliates, subsidiaries or divisions, or in preparation for any of these events. Any third party to which Online Express Medicines Limited transfers or sells assets to will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Agreement.

 

6.4 By using this website and providing us with your information, you understand and indicate consent to us, our group and third parties collecting and using your personal information in accordance with the terms set out in this Agreement.

 

6.5 We will only use the information that we collect about you lawfully and in accordance with the relevant Acts.

 

7 Accuracy of information and availability of the site

 

7.1 We do not warrant the accuracy, reliability or continuous supply of any information on this website. We try to make sure the information on the website is accurate, free from bugs and up-to-date, but we cannot promise that it will be. To add to this, we cannot guarantee the website will be suitable for any purpose. You are at your own risk if you rely on the information on this website.

 

7.2 Content is provided for general information purposes only and is to inform you about us, our products and services, news, features and other websites that may be of interest. It does not give technical, financial or legal advice nor does it share any type of advice and should not be relied on for any purposes.

 

7.3 We do not guarantee that you will be able to use the site uninterrupted nor can we promise the site will be available at all times.

 

8 Hyperlinks and third-party sites

 

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

9 Limitation on our liability

 

9.1 The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.

 

9.2 Subject to clause 9.4, if in delivering our Services to you we fail to comply with these terms of use, we shall only be liable to you for the purchase price of the Services.

 

9.3 Subject to clause 9.4 below, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website and Services, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;

  • loss of business;

  • loss of profits or contracts;

  • loss of anticipated savings;

  • loss of data;

  • loss of goodwill;

wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

 

9.4 Nothing in these terms of use limit our liability for:

  • death or personal injury arising from our negligence;

  • fraudulent misrepresentation or misrepresentation as to a fundamental matter; or

  • any other liability which cannot be excluded or limited under applicable law.

 

10. Viruses, hacking and other offences

 

10.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

 

10.2 You must not attempt to gain unauthorised access to our site, the server on which our website is stored or any server, computer or database connected to our site.

 

10.3 By breaching this clause 10, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

 

10.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

11 Events beyond our control

 

We will not be liable to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident.

 

12 Variation

 

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our website.

 

13 Disputes

 

13.1 We try to resolve any disputes raised by you efficiently and accurately through our internal complaint’s procedure.

 

13.2 If you are unhappy with any of the following please contact us immediately following the complaints procedure:

13.2.1 The service you’ve received, the goods supplied or any other matter

 

13.3 If you are dissatisfied with the outcome of your complaint, you can visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06. You can also contact the Medicines and Healthcare products Regulatory Agency (https://www.gov.uk/government/organisations/medicines-and-healthcare-products-regulatory-agency) and the General Pharmaceutical Council (https://www.pharmacyregulation.org/raising-concerns).

 

14 Third-party tights

No one other than a party to this contract has any right to enforce any term of this contract.

 

15 Jurisdiction

 

15.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

 

15.2 These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

 

16 Privacy Statement

 

16.1 Privacy and personal information is very important to us, especially yours. Any of the personal information that you provide us will be processed in line with our Privacy policy, which outlines what personal information we collect from you, how and why we collect, how we store your data, how we use your data and how we share such information. You can also find your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

 

16.2 With the help of technology to increase your online security, we are fully committed to protecting and respecting your online security. Before you use certain areas of this Site, we ask you to register on it by requiring you to enter your personal information, including 'sensitive personal data' as defined by the General Data Protection Regulation (GDPR) (EU) 2016/679 ('the Regulation'). We will not release to any third party any personally identifying information obtained in this way, without your prior consent. We will only use the information that we collect about you lawfully and in accordance with the Regulation.

 

16.3 In respect of the aforementioned 'sensitive personal data' by accepting this Agreement, you grant us explicit consent to collect and release such data to select parties including third parties. We will limit the collection and use of such information to the minimum required to deliver, develop and improve our services and other opportunities and the better administration of the Doctor's consultation.

 

16.4 The personal information that we hold will be held securely in accordance with our internal security policy and the law and to make sure your personal information remains confidential, we communicate these privacy guidelines to all of our employees.

 

16.5 This Site may contain links to other sites. However, We do not share your personal information with those sites and are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies. Accordingly, this Privacy Statement and our Privacy Policy apply only to this Site and not to linked sites.

 

16.6 For credit card payments, we use a secure SSL/256 bit encryption.

 

16.7 Cookies are used on www.healthexpress.co.uk/ for purposes of improving quality.

 

16.8 In accordance with the Privacy & Electronic Communications Act passed into law on 11 December 2003, we do not send random (third party) marketing emails to personal email addresses (spam).

 

16.9 This Privacy Statement applies only to information collected from you during your visit to this Site. We will display a prominent notice on this Site's home page whenever these Privacy terms are updated or changed and you should check our Privacy Policy periodically. By choosing to continue usage of this Site, you agree to the terms of this Privacy Statement and of our Privacy Policy.

 

16.10 You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information, and you consent to have your identity verified using credit data information sourced on behalf of us by third party providers that we may use from time to time.

 

16.11 Your visit to and use of this Site and any dispute over privacy is subject to this Privacy Statement and the laws of England and Wales.

 

Last updated February 2021

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