Terms & Conditions
policy and terms of website use tells
you the terms and conditions on which we supply any of the products ('Products') listed on our website www.ontrackpharmacy.com ('our site') to you. Please read these terms and conditions carefully before ordering any Products from our site and make sure you understand them before ordering products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions or save them to your computer, for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
We amend these terms from time to time as set out in clause 26. Every time you wish to order Products please check these terms to ensure you understand the terns which will apply at that time. These terms were most recently updated in December 2014.
These terms and any contract between us are only in the English language.
1. INFORMATION ABOUT US
1.1 www.ontrackpharmacy.com is a site operated by The Royal Pharmaceutical Society of Great Britain ('we'). We are a company registered and incorporated by Royal Charter with company number RC000799 with registered offices at 66-68 East Smithfield, London, England, E1W 1AW. Our VAT number is 233029692.
2. CONSUMER STATUS
This clause only applies if you are a consumer.
By placing an order through our site, you warrant that you are at least eighteen (18) years of age and that you are legally capable of entering into binding contracts. We are not allowed to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order the Products through our site.
3. BUSINESS CUSTOMER
This clause only applies if you are a business or purchasing on behalf of a business.
3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
3.4 Both parties agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
4. OUR STATUS
4.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
4.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check you order at each page of the order process.
5.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the 'Dispatch Confirmation'). The contract between us ('Contract') will only be formed when we send you the Dispatch Confirmation.
5.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. Please read through the Dispatch Confirmation and make sure all the details on it are correct, if they are not please get in touch with us as soon as possible, we cannot be held responsible for any items which do not appear on the Dispatch Confirmation that we have not been informed about in writing.
5.4 If we are unable to supply you with a Product because products are no longer in stock or no longer available, we cannot meet the delivery date or an error in the price on our site. These examples of when we will be unable to deliver the Product(s) are not exhaustive and there may be other reasons as to why we are unable to supply you with the Products. If we are unable to supply your products we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged, as soon as is reasonably possible.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 14 below).
6.2 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6.3 If you wish to contact us for any other reason, including making a complaint, you can contact us by emailing us at moc/smrahpr//kcartno or by writing to us at ONtrack team, Pharmaceutical Press, 66-68 East Smithfield, London, England, E1W 1AW.
7. OUR PRODUCTS
7.1 The images, diagrams and descriptions of the Products on our site are for illustrative purposes only. Although we make every effort to display the colours, images and text accurately, we cannot guarantee that your computer display of the colours or images accurately reflects the colours of the Products. The Product may vary slightly from the images displayed on the site.
7.2 The packaging of the Products may vary and any packaging shown on the site is not necessarily the packaging that will be used for each Product.
8. USE OF OUR SITE
Your use of our site is governed by the terms of website use and the acceptable use policy as mentioned at the beginning of these terms. Please take time to read these as they include important terms and conditions which apply to you.
9. PERSONAL DATA
10.1 The estimated delivery date is set out in the Dispatch Confirmation or, if no delivery date is specified, then the estimated delivery date will be within thirty (30) days of the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by a Force Majeure Event which is out of our control, see clause 20 for our responsibilities should a Force Majeure Event occur.
10.2 Delivery of an order shall be deemed completed when we deliver the Products to the address given to us when the order was placed
11. INTERNATIONAL DELIVERY
11.1 We deliver to countries outside of the UK. However there may be restrictions on some Products for certain internal delivery destinations so please check this information on our site before placing an order, or check with one of our Ontrack team using the contact details set out in clause 6.3 of these terms.
11.2 If you order Products from our site for delivery outside the UK, your order may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.3 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach of any such laws.
12. RISK AND TITLE
12.1 The Products will be at your risk from the time of delivery.
12.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
13. PRICE AND PAYMENT
13.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
13.2 These prices include VAT or other applicable sales taxes but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. VAT is charged at the current rate chargeable in the UK from time to time, However, if the rate of VAT changes between the date of your order and the date of delivery we will adjust the VAT that you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
13.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
13.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
13.6 Payment for all Products must be by credit or debit card. We accept payment with the following cards:
• Visa Delta;
• Switch; and
• American Express
Payment for the Products and all applicable delivery charges is in advance. We will not charge your credit or debit card until we dispatch your order.
14. OUR REFUNDS POLICY AND RETURNS PROCEDURE
14.1 To cancel a Contract, you must inform us in writing by emailing moc/smrahpr//kcartno, providing details of the original invoice number, web reference and information on the title being returned. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk to the address provided in clause 18 below. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
14.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation which is when the Contract between us is formed. You then have seven (7) days to cancel the contract as a cooling off period. Please see clause 6.1 above.
If you send us your cancellation notice via email or post, your cancellation is effective from the date you sent the email and three (3) business days after you have sent the notice via post.
All products for return should be sent to the following address with a copy of the original invoice:
66-68 East Smithfield
London E1W 1AW
14.3 When you cancel you Contract and return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
(b) for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
14.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
14.5 Please note we are permitted to reduce your refund to reflect any reduction in the value of the Product, if this is 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 good and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.
15. OUR WARRANTY
15.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for most of the purposes for which products of the kind are commonly supplied. However, this warranty does not apply to any defect in the Product arising from wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party, any alteration or repair by you or by a third party. None of our Products are designed to be used for any specification that goes beyond most purposes for which the Products are commonly supplied.
16. OUR LIABILITY
16.1 We only supply the Products for internal, domestic and private use by consumers or businesses and you agree not to use the Product for any resale purposes.
16.2 If we fail to comply with these terms we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.3 Subject to Clause 16.4 our total liability to you in respect of all losses arising under or in connection with the Contract whether in contract, tor (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed One Hundred per cent (100%) of the price of the Products you purchased.
16.4 Nothing in these terms excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) Defective products under section 2(3) of the Consumer Protection Act 1987; or
(c) For fraud or fraudulent misrepresentation; or
d) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 (Title and Quiet Possession); or
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.5 Subject clause 16.4 we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising or in connection with the Contract for:
(a) loss of income or revenue;
(b) loss of business and business opportunity;
c) loss of goodwill ;
(d) loss of profits or contracts;
e) any indirect or consequential loss;
(f) loss of anticipated savings;
(g) loss of data; or
(h) waste of management or office
16.6 For the avoidance of doubt, this clause 16.6 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 16.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of clause 16.5..
16.7 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
17. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be in writing and sent to The Royal Pharmaceutical Society of Great Britain Finance Department, 66-68 East Smithfield, London, E1W 1AW, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 17 above. Notice will be deemed received and properly served immediately when posted on our website, twenty four (24) hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee and no automatic response was received by the sender to suggest the email was not delivered.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ('Force Majeure Event').
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
20.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.4 Either party may cancel a Contract affected by a Force Majeure Event which has continued for more than sixty (60) days and has made performance of the Contract impossible. To cancel please contact us; if you opt to cancel the Contract you will have to return any Products that have already been delivered and you have received and we will refund you the price you have paid, including any delivery charges.
21.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
23.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
25. ENTIRE AGREEMENT
25.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
25.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
25.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
26. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
26.1 We have the right to revise and amend these terms and conditions from time to time.
26.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or Competent authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).
27. LAW AND JURISDICTION
Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.