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Terms and Conditions

Terms & Conditions

These Terms and Conditions apply as between you, the User of this Website and Express Dispense Ltd (t/a Love Pharmacy) of Unit 4, Woking Business Park, Woking, Surrey GU21 5JY, registered with company number 07195497 and VAT registration number GB 990 5510 11 (“we” or “us”),the owner of this Website (www.lovepharmacy.com). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order for Goods and/or Services constitutes a contractual offer and our acceptance of that offer is deemed to occur, in relation to Goods, upon our sending a dispatch email to you indicating that your order has been fulfilled and the Goods are on their way to you.

The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. Although we make reasonable efforts to update the information on this Website, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.

Express Dispense Limited is included on the pharmaceutical list of NHS England and is permitted to dispense NHS prescriptions. Express Dispense Limited is also registered with the General Pharmaceutical Council as the registered proprietor of Love Pharmacy (registration number 1121548).

1 Definitions and Interpretation

In these Terms and Conditions, the following terms shall have the following meanings:
 
Account means collectively the personal information, Payment Information and credentials used by Users to access Content which you are required to pay to access and / or any communications System on the Website;
 
Carrier means any third party responsible for transporting Goods purchased by you from our Premises to you as detailed in the Purchase Information;
 
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
 
Goods means any products that we advertise and / or make available for sale through this Website;

Intellectual Property means all and any patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights to use and preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
 
Payment Information means any details required for the purchase of Goods and/or Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
  
Premises means the place(s) of business located at Unit 4, Woking Business Park, Albert Drive, Woking, GU21 5JY;

Purchase Information means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

Services means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future, including but not limited to the online doctor services;

Service User means someone who is using, or has used, the Services;

System means the online communications infrastructure that we make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
 
User / Users means any person that accesses the Website and is not employed by us;

Website means the website that you are currently using (www.lovepharmacy.com) and any sub-domain of this Website (e.g. subdomain www.lovepharmacy.com/slides) unless expressly excluded by its own terms and conditions.

2 Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.

3 International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying Goods internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and, as such, should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your Goods will be free of signs of tampering.
 
4 Intellectual Property
4.1

We are the owner or the licensee of all Intellectual Property in this Website, and in the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2
You may print off one copy, and may download extracts, of any page(s) from this Website for your personal use and you may draw the attention of others within your organisation to Content.
4.3
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4
Our status (and that of any identified contributors) as the authors of content on this Website must always be acknowledged.
4.5
You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors.
4.6
If you print off, copy or download any part of this Website in breach of these Terms and Conditions, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.7
All Intellectual Property in or arising out of or in connection with the Services shall be owned by us.

5 Links to Other Websites
This Website may contain links to other websites. Unless expressly stated, these sites are not under our control. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link on this Website to another website does not imply any endorsement of the websites themselves or of those in control of them.

6 Links to this Website
Those persons wishing to place a link to this Website on other sites may do so only to the home page of the Website without prior permission. Deep linking (i.e. links to specific pages within the Website) requires our express permission. To find out more, please contact us by email at contactus@lovepharmacy.com or by telephone at (+44) (0)1483 760237.
 
7 Use of Communications Facilities
7.1

When using the enquiry form or the System you should do so in accordance with the following rules:
7.1.1
You must not use obscene or vulgar language;
7.1.2
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3
You must not submit Content that is intended to promote or incite violence;
7.1.4
It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
7.1.5
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.6
You must not impersonate other people, particularly our employees and representatives ; and
7.1.7
You must not use the System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2
You acknowledge that we reserve the right to monitor any and all communications made to us or using the System.
7.3
You acknowledge that we may retain copies of any and all communications made to us or using the System.
7.4
You acknowledge that any information you send to us through the System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
7.5
We do not guarantee that the Website will be secure or free from bugs or viruses.
7.6
You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
7.7
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

8 Accounts
8.1

In order to purchase Goods and/or Services on this Website and to use the enquiry form facilities, you are required to create an Account, which will contain certain personal details and Payment Information, which may vary based upon your use of the Website as we may not require Payment Information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that:
8.1.1
all information you submit is accurate and truthful;
8.1.2
you have permission to submit Payment Information where permission may be required; and
8.1.3
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
8.2
It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3
If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases of Goods can only be cancelled until they are dispatched. In the event that an unauthorised purchase of Goods is dispatched prior to you notifying us of the unauthorised nature of the purchase, we accept no liability or responsibility and you should make contact with the Carrier as soon as possible.
8.4
When choosing your username, you are required to adhere to the terms set out above in clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
 
9 Termination and Cancellation of Account
9.1

Either us or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
9.2
If we terminate your Account, any current or pending purchases for Goods and/or Services on your Account will be cancelled and will not be dispatched.
9.3
We reserve the right to cancel orders without stating reasons, for any reason prior to processing payment and dispatch.
9.4
If purchases of Goods are cancelled by us for any reason prior to dispatch, or purchases of Services are cancelled by us prior to receipt, you will be refunded any monies paid in relation to those purchases.
9.5
If you terminate your Account, any non-dispatched purchases of Goods will be cancelled, and any un-delivered purchases of Services will be cancelled, and you will be refunded any monies paid in relation to those purchases, subject to any reduction in accordance with clauses 12.5, 12.6 and 14.2.
 
10 Goods, Pricing and Availability
10.1

Whilst every effort has been made to ensure that all graphical representations of Goods described on the Website correspond to the actual Goods, we are not responsible for any variations from these descriptions. This does not exclude our obligation under clause 10.2.1 below. Please refer to Clause 12 for incorrect Goods.
10.2
We warrant that on delivery the Goods shall:
10.2.1
conform with their description and any applicable specification;
10.2.2
be free from material defects
10.2.3
be of satisfactory quality; and
10.2.4
be fit for any purpose held out by us.
10.3
We do not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
10.4
All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.
10.5
In the event that prices for Goods or Services are changed during the period between an order being placed for Goods and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price. You will have the option of cancelling the contract if you do not wish to proceed to purchase the Goods or Services at the revised price.
10.6
All prices on the Website do include VAT. Express Dispense Ltd’s VAT number is GB 990 5510 11

11. Delivery of Goods
11.1
We will notify you by way of email when your Goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
11.2
If we do not receive communication from you within 7 days of delivery regarding any problems with the Goods, you are deemed to have accepted the Goods.
 
12 Returns Policy
We aim to always provide high quality Goods that are fault free and undamaged. On occasion, however, Goods may need to be returned. Returns of Goods are governed by these Terms and Conditions.

Please note that once orders are dispatched, we cannot accept returned prescription medicines or over the counter medical products or offer a refund other than in accordance with this clause12.
12.1
If you receive Goods which do not match the description of those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. This refund will include any costs incurred by you for the shipment of Goods back to us.
12.2

If any Goods you have purchased have faults when they are delivered to you, you should contact us within 30 days to arrange collection and return. We are responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods, subject to clause 12.5 below. If the faulty Goods are not arranged to be returned within the 30 day time period, we reserve the right to refuse to refund the price and shall at our option choose to replace or repair faulty Goods, unless such repair or replacement is impossible, in which case you shall be entitled to a refund of the price, subject to clause 12.6 below.
12.3
If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the Goods have been damaged. In any event, you should report such damage to us within 10 days and arrange collection and return. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. This refund will include any costs incurred by you for the shipment of Goods back to us.
12.4
Subject to clauses 12.5 and 12.6, you have a statutory right to a “cooling off” period for the purchase of Goods, within which you may return the Goods to us and receive a refund. This period begins once your order is complete and ends 14 days after the Goods have been delivered. If you change your mind about the Goods within this period, please return them to us within 14 days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.
12.5
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling or partial use of them. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
12.6
There is no statutory right to cancel orders for a number of Goods. In particular, you do not have a right to a refund in relation to any Goods which are manufactured to your specification. In addition, you will not be entitled to receive a refund for any medicinal or pharmaceutical products which are Goods due to the fact that these Goods cannot be resold by us due to health and safety requirements.
12.7
We may refuse to process an order when in our absolute discretion the Goods being ordered do not match your requirements/profile. In such situations, you will be notified that your order has been amended and you will have the option to either accept or cancel the amended order.
12.8
If you wish to return Goods to us for any of the above reasons, please contact us using the details on http://www.lovepharmacy.com/contact-us to make the appropriate arrangements.
12.9
We reserve the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
12.9.1
any use or enjoyment that you may have already had out of the Goods;
12.9.2
any characteristics of the Goods which may cause them to deteriorate or expire rapidly; and
12.9.3
any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

13 Privacy
13.1

Use of the Website is also governed by the Privacy-Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link http://www.lovepharmacy.com/privacy-policy
13.2
The Website places certain cookies onto your computer or device. These cookies, as set out in the Privacy Policy, are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in the Privacy Policy. By accepting these Terms and Conditions, you are giving consent to us to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
13.3
If you wish to opt-out of us placing cookies onto your computer or device, please check the alternative acceptance box for these Terms and Conditions and adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu, etc. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.

14 Services
14.1
By using our Services:

  1. You consent to your personal, health and medication information being exchanged between us and our for the purpose of the medical consultation.
  2. You understand and accept that an order for Services placed through the Website may not result in a prescription being issued by us and that we may in our absolute discretion refuse to provide you with such Services or such prescription. Under these circumstances, you will be notified that your order has been cancelled, the reason for cancellation and (if applicable) directed to a more appropriate service provider.
  3. You declare that all the information provided by way of an online consultation form through the Website is true and accurate and that no information has been withheld that may be relevant or useful in any way.
  4. You consent to us contacting your GP.
  5. You consent to being contacted by us for the purposes of checking your identity and as a safeguarding measure.

14.2
You have a statutory right to cancel the Services and receive a refund within 14 days of your order for Services. However, you will lose such right to cancellation and refund as soon as the Services have been completed and, if you cancel after we have started but before we have completed the Services, you must pay us for the Services that we have provided up until the time you tell us that you have changed your mind.

15 Free Delivery
All NHS prescriptions dispensed from the Website will be delivered free of charge regardless of your address within the UK. However, all other Goods delivered through the Website will only be delivered free of charge if you live within the following postcodes, GU21, GU22, GU23 and GU24.

16 Disclaimers
16.1

We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
16.2
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
16.3
No part of this Website is intended to constitute a contractual offer capable of acceptance.
16.4
Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are advised to take responsibility for your own security, that of your personal details and your computers.
 
17 Changes to the Website and these Terms and Conditions
We reserve the right to change the Website, the Content or these Terms and Conditions at any time. You will be bound by any changes to these Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to these Terms and Conditions relating to sale of Goods or Services by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
 
18 Availability of the Website
18.1

Access to the Website is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
18.2
We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
 
19 Limitation of Liability
19.1

To the maximum extent permitted by law, we accept no liability for any indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or the provision of the Goods or Services. Users should be aware that they use the Website and its Content at their own risk.
19.2
Our total liability arising under or in connection with your use of the Website, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the sum of £50.
19.3
Our total liability arising under or in connection with any provision of Goods or Services to you, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to a sum equivalent to the price paid by you for the Goods or Services to which the claim relates.
19.2
Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any our negligence or fraud.
19.3
Nothing in these Terms and Conditions excludes or restricts our liability for any direct loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
19.4
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
 
20 No Waiver
In the event that either we or you fail to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21 Previous Versions of the Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
 
22 Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and us.

23 Communications
23.1

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to contactus@lovepharmacy.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23.2
We may from time to time send you information about our products and services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
 
24 Law and Jurisdiction
These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales. We and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.