1.1. What these terms cover. These are the terms and conditions on which we supply
erectile dysfunction medication and condoms (the products) to you via our website
1.2. Why you should read them. Please read these terms carefully before you use our
website and submit your order to us. These terms tell you who we are, how we will provide the products
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. By using our website and placing an order, you agree to these terms and conditions.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Bestway National Chemists Limited, a company registered in
England and Wales. Our company registration number is 09225457 and our registered office is at Merchants
Warehouse Castle Street, Castlefield, Manchester, M3 4LZ. Our registered VAT number is 146295159.
2.2. What we do. We are a pharmacy providing online purchasing of over-the-counter
erectile dysfunction medication (the medication) on a single or subscription basis.
Condoms are also available to purchase as an add-on to your order of the medication but cannot be
purchased separately. All orders will be processed by our pharmacy branch which is based at Healthcare
Service Centre, Whittle Road, Meir Park, Stoke-on-Trent, Staffordshire, ST3 7UN, United Kingdom (General
Pharmaceutical Council registration number 9010492).
2.3. How to contact us. You can contact us by using the [live] chat facility on our
website or by emailing us at firstname.lastname@example.org.
2.4. How we may contact you. If we have to contact you we will usually do so by using
the chat facility on our website or by emailing you at the email address you provided to us when you
registered. We may also contact you by telephone or by post using the contact details you provided to us
when you registered.
2.5. “Writing” includes emails. When we use the words “writing”
or “written” in these terms, this includes emails.
3. HOW TO REGISTER AND PLACE ORDERS
3.1. Registration. To be able to place orders through our website, you must first
register your details and create an online account with us. You can register for and purchase the
products through our website provided that you are male, at least eighteen (18) years old and a resident
of the UK. You must provide all details that we request during the sign up process, including the
details of a valid UK credit or debit card in your name.
3.2. How we will accept your order.Our acceptance of your order will take place when we
notify you in writing that we have accepted it, at which point a contract will come into existence
between you and us.
3.3. Acceptance of orders. Acceptance of all orders is subject to the professional
discretion of our pharmacists. You must provide accurate responses to the questions that we ask you when
you register about your health and current medication to enable us to assess whether the medication is
suitable for you. In some cases, we will need to contact you separately and ask further questions to
make this assessment but we will let you know if this is the case. You must notify us as soon as
possible if there are any changes to your health or current medication which could affect your use of
the medication. If you subscribe for repeat orders, we will send you a reminder email every month asking
you to confirm that there has been no change to the information you have provided to us concerning your
health and current medication. If you do not respond to our request for confirmation (in which case we
will assume that nothing has changed), or you respond to confirm that nothing has changed, we will
continue to send your order. If you notify us that your condition or medication has changed, we may
suspend or cancel your order and will notify you that we have.
3.4. If we cannot accept your order. If we are unable to accept your order, we will
notify you of this and will not charge you for the products. This might be because:
(a) you do not meet the eligibility criteria for the medication;
(b) our pharmacists consider that the medication is not suitable for you;
(c) the products are out of stock;
(d) if you subscribe for repeat orders, you have confirmed to us that there has been a change to
the health and current medication details we hold for you and we consider this to impact your
eligibility for the medication;
(e) of unexpected limits on our resources which we could not reasonably plan for; or
(f) we have identified an error in the price or description of the products.
3.5. Once your order has been approved by a pharmacist, we will dispatch it using Royal Mail or
our specialist courier, Topspeed.
3.6. We only sell to customers based in the UK. Our website is solely for the
promotion of the products in the UK. Unfortunately, we do not accept orders from or deliver to
addresses outside the UK.
3.7. Your responsibilities.
(a) You are responsible for the information you provide to us about yourself, your
medical conditions and your medication. You are responsible for letting us know if there
are any changes to this information and for keeping it up to date. In particular, you
need to tell us about any changes in your medical conditions, other medication that you
are taking and your delivery address. You promise that this information is accurate and
acknowledge that if you do not provide accurate and up to date information you could be
putting your health at serious risk. You can update your information by logging into
your account, responding to our email if you have subscribed for repeat orders, using
our chat facility on our website or by emailing us at email@example.com. You should
review the patient information leaflet and follow the clinical directions provided with
the products before using them.
(b) You are responsible for notifying your GP [and/or any other relevant healthcare
professional] that you are using the medication.
(c) You are responsible for ensuring that your payment details are kept up to date. We
reserve the right not to process your order if your payment details have expired or are
invalid in any way. In such cases, we will attempt to contact you to enable you to
provide updated information to allow us to process your order.
(d) You agree to keep any details that you use to log in to the website confidential and
not to share them with any other person.
(e) You agree that you will only order products for your own personal use. We do not
offer the facility for you to order products on behalf of other people, including
partners or other family members.
(f) You agree not to use our service for any unlawful purpose. We will not be
responsible for any misuse or abuse of the products.
(g) By placing an order with us you confirm that:
(i) you do not have any known allergies, sensitivities or intolerance to the
(ii) you do not have any known medical conditions which predispose you to
adverse reactions to the products;
(iii) you are not taking any concurrent medications with which the medication is
likely to interact; and
(iv) you consent to your order being posted through your letterbox and confirm
that there is no risk to children, pets, vulnerable adults or other third
parties as a result of your order being delivered in this way.
(h) You agree not to use our website in any way that will damage, impair or
render it less efficient.
(i) You acknowledge that your use of our website and service does not grant you
any rights in relation to our intellectual property.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order please contact us as soon as possible. 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
products, 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 be able to end the contract
5. OUR RIGHTS TO MAKE CHANGES
5.1. We may make changes to your order, the products or these terms and conditions:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security
threat. These changes will not affect your use of the products.
5.2. We will not make any other changes to your order, the products or these terms and conditions
without discussing such changes with you first. If we do make any such changes, we will notify you
before the change takes effect and you may then contact us to end the contract and receive a refund for
any products paid for but not received.
6. THE PRODUCTS
[6.1. Products may vary slightly from their pictures. 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 a device's display of the colours accurately reflects the
colour of the products. Your products may vary slightly from those images.]
6.2. Product packaging may vary. The packaging of the products may vary from that shown
in images on our website.
7. PROVIDING THE PRODUCTS
7.1. Delivery costs. The costs of delivery (if applicable) will be as displayed to you
at the checkout stage before you place your order. If you subscribe for repeat orders and pay through
our automatic renewal service we reserve the right to change our delivery costs at any time upon giving
you 10 working days’ notice in writing in advance of any such change. If you are not happy with
such change, you may then contact us to end the contract and receive a refund for any products paid for
but not received.
7.2. Delivery of the products. We will deliver the products to you as soon as
possible or, where you subscribe for repeat orders, at monthly intervals. Unless we notify you
otherwise, all products are sent by us using Royal Mail or our specialist courier, Topspeed, and should
be delivered to you within 2-3 working days of us dispatching your order.
7.3. We cannot guarantee the exact time and day of delivery and recommend that you allow for up to three
working days for your order to arrive once it has been processed.
7.4. If you are not at home when the products are delivered. If no one is available at
your address to take delivery and the products cannot be posted through your letterbox, they may be left
with a neighbour and, if that’s not possible, the courier should leave you a note informing you of
how to rearrange delivery or collect your order from a local depot.
7.5.If you do not re-arrange delivery. If you do not collect the products from the
courier or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a
delivery depot we will contact you for further instructions and may charge you for storage costs and any
further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange
delivery or collection we may end the contract.
7.6. 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.
7.7. When you become responsible for the products. The products will be your
responsibility from the time that they are delivered to you.
7.8. When you own the products. You own the products once we have received payment in
7.9. What will happen if you do not give required information to us? We need certain
information from you so that we can supply the products to you, for example, the information that we ask
you to provide about your health and medications when you register with us and, if you subscribe for
repeat orders, any changes or updates to this information (see clauses 3.3 and 3.7(a)).
If you do not give us this information or if you give us incomplete or incorrect information, we will
not be able to supply the products to you and, if you subscribe for repeat orders, may end the contract
(and clause 9.2 will apply). We will not be responsible for any failure to supply the products if this
is caused by you not giving us the information we need to process your order.
7.10. Reasons we may suspend the supply of the products to you. We may have to suspend
the supply of the products to:
(a) deal with technical problems or make minor technical changes;
(b) update the products to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the products as notified by us to you (see clause 5).
7.11. Your rights if we suspend the supply of the products. We will contact you in
advance to tell you we will be suspending supply of the products, unless the problem is urgent or an
emergency. We may need to suspend the supply of the products if, for example, the card details that you
provided when you registered are no longer valid or your payment isn’t authorised. You may contact
us to end the contract for the products if we suspend the supply, or tell you we are going to suspend
it, in each case for a period of more than 30 working days and we will refund any sums you have paid in
advance for the products in respect of the period after you end the contract.
7.12. We may also suspend supply of the products if you do not pay. If you do not pay
us for the products when you are supposed to (see clause 12.3) and you still do not
make payment within 14 days of us reminding you that payment is due, we may suspend supply of the
products until you have paid us the outstanding amounts. We will contact you to tell you we are
suspending supply of the products. We will not suspend the products where you reasonably dispute the
unpaid invoice (see> clause 12.5). We will not charge you for the products during
the period for which they are suspended.
8. YOUR RIGHTS TO END THE CONTRACT AND CANCEL YOUR ORDER
8.1. You can always end your contract with us. Your rights when you end the contract
will depend on what you have bought, whether there is anything wrong with it, how we are performing and
when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end
the contract (or to get the products replaced or to get some or all of your money
back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you
we are going to do, see clause 8.4;
(c) If you have changed your mind about the condoms, see clause 8.5. You may be
able to get a refund if you are within the cooling off period, but this may be subject to
deductions [and you will have to pay the costs of return of any condoms]; or
(d) If you want to cancel your subscription, see clause 8.7.
8.2. You can cancel your order at any time before we dispatch it by contacting us via email. You will receive a full refund using the
method of payment that you used to pay for the products.
8.3. Unfortunately, once your medication has been dispatched, you will be unable to cancel your
order, return the medication or receive a refund (unless what you have bought is faulty or
misdescribed). Any unwanted medication must be disposed of by returning it to a pharmacy. You
can find your nearest pharmacy by searching the NHS Choices
8.4. Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been provided and you
may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the products or these terms which you
do not agree to (see clause 5);
(b) we have told you about an error in the price or description of the products 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;
(d) we have suspended supply of the products for technical reasons, or notify you that
we are going to suspend them for technical reasons, in each case for a period of more
than 30 working days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.4. Exercising your right to change your mind (Consumer Contract Regulations
2013). For most products bought online you have a legal right to change your mind
within 14 days and receive a refund. This right does not apply to the sale of the medication.
8.5 When you don't have the right to change your mind. You do not have a
right to change your mind in respect of:
(a) the medication; or
(b) condoms, once the packaging has been unsealed after you receive your order.
8.6 How long do I have to change my mind? You have 14 days after the day you
(or someone you nominate) receives the condoms, unless:
(a) your order is split into several deliveries over different days. In this case you
have until 14 days after the day you (or someone you nominate) receives the last
delivery to change your mind about the condoms;
(b) your condoms are part of a regular subscription order. In this case you have until
14 days after the day you (or someone you nominate) receives the first delivery of the
8.7 Cancelling a subscription. If you want to cancel a subscription order, just
contact us to let us know. The contract will not end until [30 working days] after the day on
which you contact us. We will refund any advance payment you have made for products which will
not be provided to you. For example, if you tell us you want to end the contract on 4 February
we will continue to supply the products until 3 March. We will only charge you for supplying the
products up to 3 March and will refund any sums you have paid in advance for the supply of the
products after 3 March.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. Tell us you want to end the contract. To end the contract with us, please let us
know by doing one of the following:
Phone or email. Call customer services on [01782 597313] or email us at firstname.lastname@example.org.
Please provide your name, home address, details of the order and, where available, your phone number and
9.2. Returning products after ending the contract. If you end the contract for any
reason after products have been dispatched to you or you have received them, you must return them. You
must post the condoms back to us at Healthcare Service Centre, Whittle Road, Meir Park, Stoke-on-Trent,
Staffordshire, ST3 7UN or post the condoms back to us and return the medication to your nearest pharmacy
(see clause 8.3). If you are exercising your right to change your mind you must send
off the goods within 14 days of telling us you wish to end the contract.
9.3. When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the products or
these terms, an error in pricing or description, a delay in delivery due to events outside our
control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances [(including where you are exercising your right to change your mind)]
you must pay the costs of return.
9.4. How we will refund you. We will refund you the price you paid for the products
including delivery costs, by the method you used for payment. However, we may make deductions from the
price, as described below.
9.5. Deductions from refunds if you are exercising your right to change your mind. If
you are exercising your right to change your mind:
we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in
the value of the condoms, if this has been caused by your handling them in a way which would not
be permitted in a shop. If we refund you the price paid before we are able to inspect the
condoms and later discover you have handled them in an unacceptable way, you must pay us an
the maximum refund for delivery costs will be the costs of delivery by the least expensive
delivery method we offer. For example, if we offer delivery of the products within [3-5] days at
one cost but you choose to have the condoms delivered within 24 hours at a higher cost, then we
will only refund what you would have paid for the cheaper delivery option.
9.6. When your refund will be made. We will make any refunds due to you as soon as
possible. If you are exercising your right to change your mind then your refund will be made within 14
days from the day on which we receive the condoms back from you or, if earlier, the day on which you
provide us with evidence that you have sent the condoms back to us. For information about how to return
condoms to us, see clause 9.2. In all other cases, your refund will be made within
14 days of you telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break it. We may end the contract at any time by
writing to you if you do not:
(a) within a reasonable time of us asking for it, provide us with information that is necessary
for us to provide the products; or
(b) within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2.We may withdraw the products. We may write to you to let you know that we are
going to stop providing the products if you sign up to receive the products on a subscription basis. We
will let you know at least 30 working days in advance of our stopping the supply of the products and
will refund any sums you have paid in advance for products which will not be provided.
10.3. We reserve the right to suspend or terminate your access to our services at any time without
notice if we have reasonable grounds to believe that you have breached any of these terms.
11. IF THERE IS A PROBLEM WITH THE PRODUCTS
11.1.How to tell us about problems. If you have any questions or complaints about the
products, please contact us. The fastest way to contact us is by using the chat facility on our website.
You can also email us at email@example.com, telephone
our customer service team at 0161 2590170 or write to us at Merchants Warehouse Castle Street,
Castlefield, Manchester, M3 4LZ.
11.2. We may refer you to one of our pharmacists if our customer services team cannot provide the
information that you need. We may also direct you to your GP surgery, Royal Mail or Topspeed, if
11.3. A copy of our complaints procedure is available on our website.
11.4. Summary of your legal rights. We are under a legal duty to supply products that
are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit
for purpose and of satisfactory quality. These are subject to certain exceptions. For detailed
information about your legal rights as a consumer please visit the Citizens Advice website
www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
12. PRICE AND PAYMENT
12.1. Where to find the price. The price of the products (which includes VAT) will be
the price indicated on the order pages when you placed your order. If you subscribe for repeat orders
and pay through our automatic renewal service we reserve the right to increase our prices at any time
upon giving you 10 working days notice in writing in advance of any such price increase. If you are not
happy with such change, you may then contact us to end the contract and receive a refund for any
products paid for but not received. We take all reasonable care to ensure that the price of the products
advised to you is correct. However please see clause 12.3 for what happens if we
discover an error in the price of the products you order.
12.2. 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 products, we will adjust the rate of VAT that you pay, unless
you have already paid for the products in full before the change in the rate of VAT takes effect.
12.3. 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. If we accept and process your order where a pricing error is
obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end
the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4.When you must pay and how you must pay. We accept payment by all major debit and
credit cards. You must pay for the products in full (if they are subject to a charge) before we dispatch
them. We will not charge your credit or debit card until we dispatch the products to you. We use a third
party platform to process our payments. When you provide your credit or debit card details, the third
party may perform a pre-authorisation on your card to ensure that the payment details that you provide
are correct. We do not process, handle or retain any card details that you provide but the third party
platform that we use may ask for your consent to remember your card details for future purchases.
12.5. What to do if you think an invoice is wrong. If you think an invoice is wrong
please contact us promptly to let us know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. 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 or for any failures or delays caused by you.
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.
13.2. 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 as summarised at clause 11.4; and for defective
products under the Consumer Protection Act 1987.
13.3. 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, business interruption, or loss of business
13.4. You are responsible for the orders you place, the information you provide and for checking and
using the products correctly. You are responsible for ensuring that you comply with these terms and
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as
set out in ourPrivacy Notice.
15. OTHER IMPORTANT TERMS
15.1. We may transfer this contract to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will always tell you in writing if this
happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. 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. Neither of us will need to get
the agreement of any other person in order to end the contract or make any changes to these terms.
15.3. 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.
15.4.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. For
example, if you miss a payment and we do not chase you but we continue to provide the products, we can
still require you to make the payment at a later date.
15.5. Which laws apply to this contract and where you can bring legal
proceedings. These terms are governed by the laws of England and Wales and you can bring legal
proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can
bring legal proceedings in respect of the products in either the Scottish or the English and Welsh
courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in
either the Northern Irish or the English and Welsh courts.