1.1. What these terms cover. These are the terms and conditions on which we supply erectile dysfunction medication to you via our website (www.geteddie.co.uk).
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 erectile dysfunction medication 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 on a single or subscription basis. All orders will be processed by our pharmacy branch which is based at 138 Stockport Road, Timperley, Altrincham, WA15 7UN (General Pharmaceutical Council registration number 1029521).
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. The product we sell is a treatment for erectile dysfunction. You can register for and purchase erectile dysfunction medication (the product) 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 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 product 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 product. If you subscribe for repeat orders continued acceptance by us of repeat orders is dependent upon you providing confirmation to us, by way of responding to an email from us, 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, 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 product. This might be because:
(a) you do not meet the eligibility criteria for the product;
(b) our pharmacists consider that the product is not suitable for you;
(c) the product is out of stock;
(d) if you subscribe for repeat orders, you have either not confirmed to us that there has been no change to the health and current medication details we hold for you or you have not updated your health and medication details if there has been a change;
(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 product.
3.5. Once your order has been approved by a pharmacist, we will dispatch it using Royal Mail or our specialist courier.
3.6. We only sell to customers based in the UK. Our website is solely for the promotion of erectile dysfunction medication in the UK. Unfortunately, we do not accept orders from ordeliver 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 in this information and for keeping it up to date. In particular, you need to tell us about any changes in your medical conditions, your medication 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 webiste or by emailing us at email@example.com. You should review the patient information leaflet and follow the clinical directions provided with the product before using it.
(b) You are responsible for notifying your GP that you are using the product.
(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 product.
(g) By placing an order with us you confirm that:
(i) you do not have any known allergies, sensitivities or intolerance to the product;
(ii) you do not have any known medical conditions which predispose you to adverse reactions to the product;
(iii) you are not taking any concurrent medications with which the product 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 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 be able to end the contract (see clause 7).
5. OUR RIGHTS TO MAKE CHANGES
We will not make any changes to your order, the product 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. PROVIDING THE PRODUCTS
6.1. 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.
6.2. Delivery of the products. We will deliver the product to you as soon as reasonably 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 and should be delivered to you within 2-3 working days of us dispatching your order.
6.3. 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.
6.4. Royal Mail terms and conditions of delivery, which will apply to your order, can be accessed on the Royal Mail website.
6.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the product cannot be posted through your letterbox, Royal Mail may leave your order with a neighbour and, if that’s not possible, should leave you a note informing you of how to rearrange delivery or collect your order from a local depot. Further information about the ‘delivery to a neighbour’ service offered by Royal Mail and information about how you can opt-out is available on the Royal Mail website.
6.6. If you do not re-arrange delivery. If you do not collect the product from Royal Mail 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.
6.7. 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 product you have paid for but not received.
6.8. When you become responsible for the product. The product will be your responsibility from the time that it is delivered to you.
6.9. When you own goods. You own the product once we have received payment in full.
6.10. What will happen if you do not give required information to us? We need certain information from you so that we can supply the product 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 product to you and, if you subscribe for repeat orders, may end the contract (and clause 8.2 will apply). We will not be responsible for any failure to supply the product if this is caused by you not giving us the information we need to process your order.
6.11. Reasons we may suspend the supply of the product to you. We may have to suspend the supply of the product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as notified by us to you (see clause 5).
6.12. Your rights if we suspend the supply of the product. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. We may need to suspend the supply of the product 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 product if we suspend it, 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 product in respect of the period after you end the contract.
7. YOUR RIGHTS TO END THE CONTRACT AND CANCEL YOUR ORDER
7.1. You can always end your contract with us. Your rights when you end the contract will depend 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 product replaced or to get some or all of your money back), see clause 9; or
(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 7.3.
7.2. 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 product. Unfortunately, once your items have been dispatched, you will be unable to cancel your order, return the product or receive a refund (unless what you have bought is faulty or misdescribed). As the product is a medicine, any unwanted product must be disposed of by returning it to a pharmacy. You can find your nearest pharmacy by searching the NHS Choices Website.
7.3. 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 product 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 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;
(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. OUR RIGHTS TO END THE CONTRACT
8.1. 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 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 product; or
(b) within a reasonable time, allow us to deliver the product to you or collect them from us.
8.2. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product if you sign up to receive the product on a subscription basis. We will let you know at least 30 working days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
8.3. 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.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. The fastest way to contact us is by using the chat facility on our website. You can also email us at firstname.lastname@example.org, telephone our customer service team at 0161 2590170 or write to us at Merchants Warehouse Castle Street, Castlefield, Manchester, M3 4LZ.
9.2. 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 Royal Mail if your complaint relates to delivery.
9.3. A copy of our complaints procedure is available on our website.
9.4. 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 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.
10. PRICE AND PAYMENT
10.1. Where to find the price. The price of the product (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 product advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the product you order.
10.2. 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 unmistakeable 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.
10.3. 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 product 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.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 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 or Royal Mail. 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.
11.2. 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 9.4; and for defective products under the Consumer Protection Act 1987.
11.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the product 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 opportunity.
11.4. You are responsible for the orders you place, the information you provide and for checking and using the product correctly. You are responsible for ensuring that you comply with these terms and conditions.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.
13. OTHER IMPORTANT TERMS
13.1. 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.
13.2. Nobody else has any rights under this contract (except someone you pass your guarantee on to). 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.
13.3. 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.
13.4. 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.
13.5. 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.