Terms and Conditions

Terms and Conditions of Use

1. Introduction

1.1 These terms and conditions shall govern your use of our website, (www.postmypills.co.uk).

1.2 By using our website, either as a guest or registered user, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any feedback on our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.1 Copyright (c) 2020, www.postmypills.co.uk is operated by Meds Pharma Ltd. Meds Pharma Ltd trades as City Pharmacy. Registered in England. Company number: 10960934. The registered office is City Pharmacy, 50 Lincoln Road, Peterborough, Cambridgeshire, PE1 2RY. Our website is regulated by the Medicines and Healthcare products Regulatory Agency (MHRA) and City Pharmacy is regulated by the General Pharmaceutical Council (GPhC).

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive; and

(d) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal information purposes; you must not use our website for any other purpose.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute any newsletters we may publish in print and electronic form to any person.

3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Feeds

4.1 You may access our RSS and Atom feeds using any compatible feed reader or aggregator.

4.2 By accessing our feeds, you accept these terms and conditions.

4.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our feeds in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate any of our feed content with any third party feed when displaying it in accordance with this Section 4.3.

4.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where our feed content is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).

4.5 We may revoke any licence relating to our feeds or feed content at any time, with or without notice.

5. Misuse of website

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our website;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i)  conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means;

(k) use our website except by means of our public interfaces;

(l)  violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 To be eligible for an account on our website under this Section, you must be resident or situated in the United Kingdom.

6.2 You may register for an account with our website by completing and submitting the account registration form on our website.

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 Under no circumstances must you use any other person’s account to access the website.

7. User login details

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your username and password confidential and ensure you take the necessary precautions to prevent disclosing your login details or personal medical information to any other person(s).

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7.6 You are not permitted to create more than one account on our website.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion with or without notice to you.

8.2 We may cancel an account if it remains unused for a continuous period of 24 months.

8.3 You may cancel your account on our website by contacting us in writing.

9. Our rights to use your content

9.1 In these terms and conditions, “your content” means all information that you submit to us or our website for storage, processing by, or transmission via, our website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content (such as public reviews) on and in relation to this website and any successor website.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete or edit any or all of your content.

10. Rules about your content

10.1  You warrant and represent that your content (this includes feedback or comments regarding the website or service) will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i)  be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l)  depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

10.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

10.5  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

10.6  You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

11. Report abuse

11.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please inform us immediately.

11.2  You can inform us about any such material or activity by phone, email or using our ‘contact us’ form.

12. Medical information

12.1  Our website contains general information about certain medical conditions and treatments. This information is not constituted as advice and should not be treated as such.

12.2  You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

12.3  If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

12.4  If you think you may be suffering from any acute medical condition, you should seek immediate medical attention.

12.5  You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website.

12.6  Our website or services are not to be used in the case of emergencies. In the case of an emergency, you should call the emergency services or contact the usual acute care services providers i.e. NHS 111.

13. Limited warranties

13.1  We do not warrant, represent or guarantee:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(c) that the website will operate without fault; or

(d) that the website or any service on the website will remain available;

(e) that the website will be completely free of any viruses, bugs or malware.

13.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

13.3  To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

14. Limitations and exclusions of liability

14.1  Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

14.2  The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:

(a) are subject to Section 14.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

14.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

14.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

14.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

14.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

14.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

14.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

15. Indemnity

15.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

16. Breaches of these terms and conditions

16.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

16.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation [creating and/or using a different account).

17. Third party websites

17.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

17.2  We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

18. Trade marks

18.1  Where and if applicable, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

18.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

19. Variation

19.1  We may revise these terms and conditions from time to time.

19.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

20. Assignment

20.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

20.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

21. Severability

21.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

21.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Third party rights

22.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

22.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

23. Entire agreement

23.1  Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

24. Law and jurisdiction

24.1  These terms and conditions shall be governed by and construed in accordance with English law.

24.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

25. Statutory and regulatory disclosures

25.1  Meds Pharma Ltd trades as City Pharmacy and are registered with the General Pharmaceutical Council (GPhC). You can find the online version of our registration at here.

25.2  We are subject to regulation by the General Pharmaceutical Council (GPhC) and our registration number is 1029316.

25.3  We are approved and registered to operate and sell medicines online by the Medicines and Healthcare Regulatory Agency (MHRA); our approval can be found here.

25.4  Our company number is 10960934

25.4  Our VAT number is 934712914.

26. Our details

26.1  This website is owned and operated by Meds Pharma Ltd.

26.2  We are registered as Meds Pharma Ltd in England under registration number 1029316, and our registered office is at City Pharmacy, 50 Lincoln Road, Peterborough, Cambridgeshire, PE1 2RY.

26.3  Our principal place of business is at 50 Lincoln Road, Peterborough, Cambridgeshire, PE1 2RY.

26.4  You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(c) by telephone, on the contact number published on our website; or

(d) by email, using the email address published on our website.

Terms and Conditions of Sale

1 General

1.1 These Terms and Conditions are the only Terms and Conditions upon which www.postmypills.co.uk (owned by Meds Pharma Ltd t/a City Pharmacy), (referred to as the Seller), is prepared to sell to customers (referred to as the Purchasers) its pharmaceutical products (goods).

1.2 These Terms and Conditions may be modified by the Seller only; no other action on the part of the Seller (including delivery of the goods) shall be construed as an acceptance of any other conditions.

1.3 The Seller may update these Conditions periodically. It is the Purchasers responsibility to check this page periodically to ensure they are aware of and understand the Conditions which apply on the date any order is placed with the Seller.

1.4 The Purchaser is expected to read these Conditions carefully and ensure that they understand the full extent of conditions placed on them before placing an order for Goods and/or Services with the Seller.

1.5 The Purchaser is responsible for the information they provide to the Seller about themselves, their GP surgery, their medical conditions and medication. The Purchaser is responsible for informing the Seller regarding any changes to this information and for keeping it up to date. The Purchaser needs to ensure they inform the Seller regarding any changes in their medical conditions, medication and delivery address.

1.6 If at any point the information that appears on the Seller’s products, website, app, or other material contradicts information provided by the Purchaser’s GP surgery, please contact the Seller immediately.

1.7 The Purchaser agrees that they will only use the Seller’s services and request prescriptions for their own personal use. Prescription medicines should never be shared with any other person.

1.8 The Purchaser agrees not to use the Seller’s services or products for any unlawful purpose. The Seller will not be responsible for any misuse or abuse of any products. The Purchaser agrees that they will not sell, supply or make available the products supplied to any other person.

1.5 The Purchasers use of the Seller’s Website is governed by the Sellers Terms of Access at all times.

2 Price

2.1 The price payable for the Seller’s products shall be the Seller’s price in force on the date of delivery based on the Seller’s price list. Any changes in the price list will reflected on www.postmypills.co.uk (referred to as the Website).

2.2 Prices are checked prior to accepting the Purchaser’s order. If the product’s correct price when ordered is less than the stated price, the Seller will charge the lower price. If the product’s correct price is higher than the price stated when ordered, the Seller will contact the Purchaser for instructions before the order is accepted.

3 Order and Payment

3.1 By placing an order, the Purchaser confirms that:

3.1.1 The Purchaser does not have any known allergies, sensitivities or intolerance to any products ordered;

3.1.2 The Purchaser does not have any known medical conditions which predisposes him/her to adverse reactions to any products ordered;

3.1.3. The Purchaser is not taking any concurrent medications with which the products ordered are likely to interact.

3.2 Payment of the price must be made at the time of purchase.

3.3 No payment shall be deemed to have been received until the Seller has received cleared funds.

3.4 Once an order by the Purchaser has been placed, the transaction will be processed accordingly. A Prescriber will clinically check the request and once deemed clinically appropriate, will forward the Prescription request to Meds Pharma t/a City Pharmacy.

3.5 Any order placed by the Purchaser is an offer to purchase. The Seller has the rights to accept or decline the order in its absolute discretion without having to provide a reason for the decision.

3.6 The Purchaser will receive a confirmation email to notify them that the Seller has received the offer on the website (www.postmypills.co.uk).

3.7 A contract will be made at the point of a ‘confirmation of sale’ email being issued to the Purchaser by the Seller following checking of orders by a pharmacist.

3.8 The Seller only sells and delivers prescription medication within the UK and will not be selling or delivering medication outside of the UK.

3.9 The Seller will not provide medication for emergency use. Depending on the nature of the emergency, the potential Purchaser must either contact their GP, NHS 111 or the emergency services via 999.

4 Delivery

4.1 The goods will be delivered to the address specified in the Purchaser’s order.

4.2 The Purchaser consents to their order being posted through their letterbox and confirms that there is no risk to children, pets, vulnerable adults or other third parties as a result of their order being delivered in this way.

4.3 The Seller reserves the right to withhold the delivery of the goods if any sum due to the Seller under this or any other contract is overdue or if, in the opinion of the Seller, the credit standing of the Purchaser has been impaired for any other reason, until such time as payment is received.

4.4 The Seller reserves the right at their sole discretion to decline to accept any order (in part or in whole) and \ or to supply any Goods to the Purchaser.

4.5 The Purchaser will be able to select the delivery options, including associated costs, as stated on the Seller website www.postmypills.co.uk. The goods will be delivered according to the timeframe stated on the website; however, if the supply of the product(s) is delayed by an event outside of the Seller’s control then the Seller will endeavour to minimise this delay and will contact the Purchaser as soon as possible to inform them of the delay. The Seller will not be liable for delays caused by the event.

4.6 If there is no one to take receipt of the goods on delivery then the third-party delivery company will leave a calling card or instruction note to advise the next steps. Although delivery companies generally deploy the same methodology regarding missed parcels/post, there may be slight differences in the way they communicate their information. The Purchaser will need to refer to the policy specific for the company used for their respective delivery, for more information.

4.7 The Seller may be in a position to end the contract should the Purchaser fail to either re-arrange delivery or collect the missed post from the delivery depot.

4.8 The Seller may be required to combine orders into one single order if multiple orders are made in one day. The Purchaser will not incur any extra costs associated with this process nor will they be reimbursed for any cost savings.

4.10 The Seller will not be responsible for liability arising as a result of any incorrect or misleading information provided by the Purchaser.

4.11 The products will be the responsibility of the Purchaser from the time that they are delivered to the Purchaser.

4.12 The Purchaser will own the product once the Seller has received payment in full.

5 Returns

5.1 In accordance with the Medicines Act and medication regulations, we cannot accept returns once a medicinal product leaves our pharmacy. If you have any unwanted medication please take it to your local pharmacy to be disposed of safely. Please note that the Consumer contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the sale of medicinal products under a prescription.

5.2 Goods will not be accepted for return unless any of the goods are shown to the satisfaction of the Seller to have been defective at the time of delivery. This needs to be within 2 working days after delivery.

5.3 In the event that any of the goods are shown to the satisfaction of the Seller to have been defective at the time of delivery to the Purchaser, the Seller will (at its option) replace the defective goods or refund that part of the Price which was paid for them.

5.4 The Purchaser will be responsible for sending samples of returned goods under complaints/damaged goods, if required by the Seller, to City Pharmacy, 50 Lincoln Road, Peterborough, PE1 2RY, within 7 days of their receipt. Credit for the returned goods will normally be given only after goods are received at the Seller at the pre-mentioned address.

5.5 If the product ordered is yet to be delivered, the Purchaser can cancel the order before it is dispatched by calling the Seller on 01733 562045.

6 Force Majeure

6.1 The Seller shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond the Seller’s control including but not limited to an Act of God; civil disturbance, requisitioning, governmental or parliamentary restrictions, prohibitions or enactments of any kind; import or export regulations; strike, lock-out, or trade dispute (whether involving its own employees or those of any other person); difficulties in obtaining workmen or materials; breakdown of machinery; fire or accident. Should any such event occur the Seller may cancel or suspend this contract without incurring any liability for any loss or damage thereby occasioned.

7 Other terms & conditions

7.1 By placing an order to the Seller, the Purchaser agrees to the Seller performing credit checks by whatever means it deems appropriate.

7.2 Each right or remedy of the Seller under these Terms and Conditions is without prejudice to any other right or remedy of the Seller whether under these Terms and Conditions or not.

7.3 If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Terms and Conditions and the remainder of such provision shall continue in full force and effect.

7.4 Orders sent by Purchasers do not become definitive until they are accepted by the Seller.

8 Law & Jurisdiction

8.1 These terms and conditions shall be governed by and construed in accordance with English law.

8.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.