Healthera
Terms and Conditions of Sale
1. These terms
1.1 What these terms cover. These are the Terms and Conditions of Sale (“Terms of Sale”) which apply specifically to the products (“order”) supplied to you (“customer”/”you”/ “your”) by a pharmacy (“vendor”) using the Shop available through the Alphega Pharmacy website (“website”). These terms differ from the terms and conditions of use for the Website (“Terms of Use”) itself which will also apply and can be found here (https://www.alphega-pharmacy.co.uk/info/terms_of_use).
1.2 Why you should read them. Please read these terms carefully before you submit your Order on the Website. These terms tell you who Alphega Pharmacy UK are, how the Vendor will provide products and services to you and how you may change or end the contract. By using the website and placing an order to a vendor you agree to these Terms of Sale.
2. Information about Alphega Pharmacy UK
2.1 Who we are. Alphega Pharmacy UK is a trading name of Alliance Healthcare (Distribution) Limited, ("the company"/ “us”/ “we”/ “our”) a company registered in England and Wales under company number 03446039 with its registered office at 43 Cox Lane, Chessington, Surrey, KT9 1SN.  Our VAT number is 391532058.
2.2 Who we work with. Alphega Pharmacy UK have developed the Website in conjunction with Healthera Limited (“Healthera”), a company registered in England and Wales under number 09609198 whose registered office is at St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS.
2.3 The Vendors. When you order products from the website you are buying from vendors who have agreed to offer medicines for sale through the website and who have agreed to sell them to you. You can find contact details for your vendor in ‘Your Profile’ on the website or by searching for your vendor by using the ‘Store Locator’ function on the website. Details of the vendors’ registrations to sell medicines can be found on the website. The sale of medicines in the EU is regulated by the Medicines and Healthcare Products Agency, whose contact details in the UK are: Address: MHRA 151 Buckingham Palace Road, London SW1W 9SZ Email: info@mhra.gsi.gov.uk Telephone: 020 3080 6000
3. Vendor Products and Services
3.1 Orders. A vendor may offer sale of non-prescription products through the website which you may purchase from the online Shop.
3.2 Acceptance of an order. When you place an order with a vendor on the website it needs to be accepted by the vendor before it is confirmed. The contract for the supply of any item you have ordered comes into existence between you and the vendor when the vendor confirms its acceptance and we send you a confirmation notice on behalf of the vendor.
3.3 When you own the products. You are responsible for paying for all items (including any applicable delivery charges) ordered using the online payment system made available to you at the point of placing the order. You will only own a product once the vendor has received payment in full. Products will not be delivered to you or made available to collect until the vendor has received payment in full.
3.4 When you become responsible for the products. A product will be your responsibility from the time the vendor delivers the product to the address you submitted on the website or from the point that you collect the product from the vendor.
3.5 If the vendor cannot accept your order. If the vendor cannot accept your order, we will inform you of this and you will not be charged for the product. This might be because (i) the product is out of stock; (ii) there is an error in the price or description of the product; (iii) you do not meet the eligibility criteria for the product;
3.6 Minor changes to the products. The Vendor (working with us) may change the product or remove products or add new products for commercial reasons or to reflect changes in relevant laws and regulatory requirements;
3.7 Accuracy of product information. We take care to ensure that all product information available from the product listings is accurate. However, these are continually developing and information may be out of date. Medical, commercial and legal practice change frequently and the content the Website, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact Us and/or your GP directly.
3.8 Price. The vendor is entirely responsible for listing its own products and setting its own prices, which may not be the same as its ‘in-store’ price and may change at any time. The products available to buy may also vary at any one time and the vendor does not guarantee the availability of any products. The price of the product will be the price indicated on the order pages when you placed your order. Prices include VAT and may change at any time.
3.9 Delivery Fee. The vendor reserves the right to charge a fee for providing delivery and we (or Healthera) reserve the right to charge a service charge which will be included in the delivery fee that you are charged.
3.10 Payment. Your payment details are collected on the website and must be provided before an order is placed. Payment is taken when the order is accepted by the vendor and we have provided the confirmation notice to you. When you pay for products on the website you will be charged through a payment process platform called Stripe. The Stripe terms of service will apply to that transaction and can be found here: (https://stripe.com/gb/checkout/legal). When you provide your credit or debit card details, Stripe may perform a pre-authorisation on your card to ensure that the payment details that you provide are correct. Neither we nor the vendo process, handle or retain any card details that you provide but Stripe may ask for your consent to remember your card details for future purchases.
3.11 What to do if you think the order confirmation is wrong. If you think the order confirmation is wrong please contact the vendor promptly to let us know.
4. Delivery Information
4.1 Delivery fulfilment. Orders are fulfilled by your vendor who will endeavour to pack and post your order within three (3) working days (excluding next day delivery orders). A vendor will not be able to accept the order if the delivery address falls outside of where they can provide delivery. If you do not receive your order within 10 days of placing it then please contact the vendor to investigate.
4.2 If You are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery. The vendor is not obligated to attempt re-delivery if you are not available to accept the order. Unfortunately, the vendor cannot leave your order in a safe place or with a neighbour.
4.3 Pharmacy Medicines delivery. Pharmacy medicines ordered for delivery from a vendor will need to be received in person by someone aged over 18. Please liaise directly with the vendor to confirm when the delivery is due to take place so you can make sure there is someone available to receive it as the order cannot be left in a safe place or with a neighbour. A pharmacy medicine (P) is a medicine that can only be bought from pharmacies under a pharmacist’s supervision.
4.4 Delivery slots. Where a delivery date or time slot is selected or provided, the vendor will use reasonable endeavours to deliver the order within the time slot, but time slots provided by vendors are only estimates. Neither we nor the vendor guarantee that orders will be delivered within the estimated times.
4.5 Postage and packing costs. All orders placed on the Website are fulfilled by the Vendor and each Vendor will set their own postage and packaging (P&P) costs. Some vendor’s may only offer click and collect and not delivery. If there is a cost for delivery it will be as displayed to you on the Website before the order is submitted. This delivery cost may include a service charge which is payable to Healthera. When you place an order you will have the option to choose what method of delivery you would like and be informed of what that will cost. For more information on the charges for postage and packaging please contact the vendor and they will be able to help.
4.6 Collection by you. If You have asked to collect your order from the vendor’s premises, you can collect them at any time during the vendor’s opening hours as shown on the website.
4.7 If you do not re-arrange delivery. If you do not collect the products from the vendor as arranged or if, after a failed delivery you do not re-arrange delivery or collect them from the vendor. The vendor will contact you for further instructions and will charge you for any further delivery costs. If, despite reasonable efforts, the vendors is unable to contact you or re-arrange delivery or collection the vendor may cancel the order.
4.8 Delays outside of vendor control If the supply of products or service is delayed by an event outside of the control of the vendor then the vendor will contact you as soon as possible to let you know and the vendor will take steps to minimise the effect of the delay. Neither we or the vendor will be liable for delays caused by these events, but if there is a risk of substantial delay you may contact the vendor to end the contract and receive a refund for any products and/or services you have paid for but not received.
5. Cancellations, Returns & Refunds
5.1 Ending your contract. Your rights when you end the contract with the vendor will depend on what you have bought, whether there is anything wrong with it, performance 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 repaired or replaced or a service re-performed or to get some or all of your money back). You will need to get in touch with your chosen vendor to discuss returning the item. The vendor will rectify the error at the earliest time possible by supplying the correct item or by offering a refund. Your refund may be subject to deductions as set out below.
(b) If you have just changed your mind about the product you may be able to get a refund if you are within the 14-day cooling-off period, but this may be subject to deductions and the exceptions below.
To end the contract, please let your vendor know by doing one of the following:
(a) Cancelling through the website.
(b) Phone or email to the vendor.
(c) sending the cancellation form included at the end of these Terms of Sale to the Vendor.
5.2 When you don't have the right to change your mind. You do not have a right to change your mind in respect of the following situations:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) any products which become mixed inseparably with other items after their delivery;
(c) any medicinal products which require storage and handling at certain conditions;
The vendor has full discretion on whether a product falls into one of these categories.
5.3 Ending the contract because of something the vendor has 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 you will receive a refund in full for any products which have not been provided subject to deductions. The reasons are:
(a) We have told you about an upcoming change to the product or these terms which you do not agree to;
(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 we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) You have a legal right to end the contract because of something the vendor has done wrong.
5.4 How to return items. Contact the vendor and ask how you can return items. You may be able to return by return post directly to the vendor’s store.. You must either return the goods in person to where you bought them or post them back to the vendor address. Please note that you cannot return medicines (including prescription medicines or anything that has a hygiene seal if it has been broken). You have the right to inspect your items as you would in the pharmacy store, but you cannot return items that you have used (unless you are returning them because they are damaged or faulty).
5.5 When the vendor will pay the costs of return (standard delivery costs only):The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (“Standard Delivery”). For example, if wthe vendor offers delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. The vendor will refund the Standard Delivery costs for your return in the following circumstances:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because of an upcoming change to the product, an error in pricing or description or because you have a legal right to do so as a result of something the vendor has done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
5.6 How the vendor will refund you. The vendor will refund you by the method you used for payment. However, we may make deductions from the price, as described below. If your chosen vendor has agreed to refund you for an unwanted product or where you have requested a refund for a faulty product it will be processed once the vendor has received the returned items. Refunds are credited to the original bank card that you used to pay for your order and can take up to 7 days to appear back in your account. Policies for refunds for postage differ at each of the vendors’ and you must speak to your chosen vendor to understand what their policy is.
5.7 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) The vendor may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a shop. If the vendor refunds you the price paid before they are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay the vendor an appropriate amount.
(b) Where the product is a service, the vendor may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told them you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
5.8 When your refund will be made. The vendor 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 the vendor receives the product back from you or, if earlier, the day on which you provide the vendor with evidence that you have sent the product back.
6. Disputes
6.1 Dispute. Where you have a dispute with the vendor they may request that you provide supporting information such as photos and messages to support your complaint/ concerns.
7. Your rights to make changes
7.1 Change Request. If you wish to make a change to the product you have ordered you should contact the vendor. The vendor will confirm if a change to your order is possible. If your vendor cannot make the change you may want to cancel the order.
8. What you should do for us
8.1 What will happen if you do not provide required information. The vendor may need certain information from you so that they can supply the products to you, for example, a completed clinical questionnaire to sell certain medicines. If so, this will have been stated in the description of the products on the website and made available for you to complete and send with your order. The vendor may contact you to ask for other information. If you do not give us this information within a reasonable time of the vendor asking for it, or if you give incomplete or incorrect information, the vendor may either end the contract. The vendor will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving the required information within a reasonable time of being asked for it.
8.2 Reasons the website may suspend the sale of products to you. We and the vendor may have to suspend the sale and supply of a product or other services through the website in order to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
8.3 We and the vendor may also suspend supply of the products and services on the website if you do not pay. If you do not pay for the products when you are supposed to the vendor may suspend supply of the products until you have paid the outstanding amounts. The vendor will contact you to tell you that they are suspending supply of the products.
9. Our rights to end the contract
9.1 We may end the contract if you break it. The vendor may end the contract for a product at any time by writing to you if:
(a) You do not make any payment to the vendor when it is due;
(b) you do not, within a reasonable time of us or the vendor asking for it, provide us or the vendor with information that is necessary for the vendor to provide the products, for example, personal details; or
(c) You do not, within a reasonable time, allow the vendor to deliver the products to you or collect them from them.
10. Liability
10.1 The vendor does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the vendor’s negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to the vendor via the website; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
10.2 Not liable for business losses. The vendor only supplies the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose the vendor will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
11.1 How we may use your personal information. Personal Information that you submit to us when using the website will be used as set out in our privacy policy: https://www.alphega-pharmacy.co.uk/info/privacy_policy. Where we share your personal information with Healthera they will only use your personal information as set out in the Healthera privacy policy: https://healthera.co.uk/privacy/.
12. Other important terms
12.1 The Vendor may transfer their rights and obligations under these terms to another organisation.
12.2 You need our consent to transfer your rights to someone else writing. You may only transfer your rights or your obligations under these terms to another person if we agree to this.
12.3 Nobody else has any rights under this contract. The contract is between the Vendor and You. No other person shall have any rights to enforce any of its terms. Neither you nor the vendor will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.4 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.
12.5 Even if the vendor delays in enforcing this contract, they can still enforce it later. If the vendor does not insist immediately that you do anything you are required to do under these terms, or if they 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 the vendor from taking steps against you at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law. The Courts of England and Wales shall have exclusive jurisdiction.
Schedule 1 - Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To [VENDORS NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate