FROSTS PHARMACY LTD trading as OXFORD ONLINE PHARMACY operating the website at www.oxfordonlinepharmacy.co.uk (the ‘Site’) is a company registered in England and Wales under company number 06507149, whose registered address is at Apollo Business Park, Unit 7, Ironstone Lane, Wroxton, OX15 6AY, United Kingdom, hereinafter referred to as ‘OOP’ or ‘We’ or ‘Us’.
We set out the following terms and conditions upon which OOP offers the end user (‘You’, ‘Your’ or ‘Customer’) use of the Site to purchase products and services (the ‘OOP Products & Services’). The following terms and conditions apply as between You and OOP when You make use of and/ or purchase one or more OOP Products & Services via the Site (the ‘Terms’).
Oxford Online Pharmacy – General Pharmaceutical Council (GPhC) Registration no: 9010442 with a registered premises address at Apollo Business Park, Unit 7, Ironstone Lane, Wroxton, OX15 6AY, United Kingdom.
Superintendent Pharmacist Robert Bradshaw – General Pharmaceutical Council (GPhC) Registration No: 2036118
Our VAT number 928533308
Please note, these Terms can potentially change at any time, and it is up to You to check these Terms regularly before using the Site to purchase the OOP Products & Services in case there are any changes. If You do not agree with the Terms set out below, You should not use or access the Site. If You have any queries relating to our Terms, please contact us:
Our Customer Services number is 01295 262925.
Postal Address: Frosts Pharmacy Ltd, Apollo Business Park, Unit 7, Ironstone Lane, Wroxton, OX15 6AY, United Kingdom
We work with Dr Mortons Limited, a doctor referral service who provides the OOP online doctor service. They are registered with the CQC and each doctor is individually registered with the GMC. A list of the doctors can be found here: https://www.drmortons.co.uk/services/doctors.php. Dr Mortons Limited are principally in charge of assessing Your private prescription requests for Prescription Only Medicines (‘POMs’) and for issuing appropriate prescriptions accordingly. Some prescriptions will be denied if it is deemed unsuitable for You or You may be requested to provide more information before a decision is made. Other services include advising on all manner of medical conditions and preventative healthcare and arranging for any necessary testing or investigations and, where required, making onward referrals.
When undertaking a consultation as a customer of Frosts Pharmacy Limited trading as Oxford Online Pharmacy the customer consents under the Data Protection Act that Frosts Pharmacy Limited will share answers to questionnaires and patient medical records with Dr Morton’s Limited in order that its doctors have the information needed to safely prescribe and the customer agrees that Dr Morton’s may, under the Data Protection Act, safely store and retain this data as proof of the basis upon which the consultation with the doctor took place.
OOP is registered with the Care Quality Commission, the English regulator of health care services which permits Us to provide the OOP Products & Services without meeting patients face to face. OOP’s registration number with the Care Quality Commission is 1-1728892649 under Frosts Pharmacy Ltd.
1.1. The Terms do not affect Your statutory rights. You agree, warrant and undertake that:
(a) all OOP Products & Services ordered by You are for Your own private domestic and personal use only and are not for resale;
(b) if the prescription submitted for a POM is for a person other than You, You will need to have the express and valid authority of the person whose prescription it is to have it dispensed by Us. By placing an order to dispense another person’s prescription, You confirm that You have their authority to do so. For the avoidance of doubt, You cannot use the OOP Online Doctor Service (including the filling in and submission of the Personal Health Questionnaire) on behalf of another;
(c) You reside in the United Kingdom. We only accept prescription orders from and dispatch prescriptions to addresses in the United Kingdom, Channel Islands and the Isle of Man;
(d) You are eighteen years old or older when You place an order for a Product or a Medicine. If You are under eighteen, You may only use this Site with the agreement of, and under the supervision of, a parent or guardian. If You do not qualify, please do not use this Site;
(e) all details You provide to or via the Site for the purpose of using the OOP Products & Services are true, accurate, current and complete in all respects;
(f) the credit or debit card You are using is Your own and that there are sufficient funds in Your account to cover payment of the OOP Products & Services ordered; and,
(g) e-mail can be used as a long-distance means of communication.
1.2. During the registration process, You must choose a username and password (‘Customer Login’). You are responsible for all actions taken under that Customer Login and You must only purchase from Oxfordonlinepharmacy.co.uk using Your own Customer Login. You must keep Your password safe and should not disclose it to anyone. If You think there has been some unauthorised use of Your Customer Login, You must change it. You may not transfer or sell Your Customer Login to anyone, nor permit, either directly or indirectly, anyone to use Your Customer Login.
1.3. Where You purchase Products or Medicines on the Site, You will be required to provide Us with Your basic registration information comprising Personal Data i.e. Your name, gender, email, DOB, telephone, billing address, delivery address and password.
1.4. Where You order a NPM which is a Pharmacy Medicine (as defined) or a POM (as defined), You will be required to provide Us with further Personal Data and information which may comprise Sensitive Personal Data by way of:
(a) the Pharmacy Medicines Form required to be submitted by You to enable the pharmacist to assess the suitability of any Pharmacy Medicines ordered by You via the OOP Online Pharmacist Service; and/ or,
(b) the Personal Health Questionnaire required to be submitted by You to enable the OOP Partner doctor to assess the suitability of any POMs ordered by You via the OOP Online Doctor Service.
You information You submit is recorded securely and You will be able to access it at any time online in Your customer record.
1.5. If You do not comply with these Terms (including failing to make payment when due, failing to disclose Your identity when requested to do so by us, violating the rights of third parties, failing to provide truthful and accurate information) or where We suspect You are engaged or are about to engage in, fraudulent or illegal activity on the Site, You may be subject to review, which can result in suspension of Your Customer Login and associated account privileges and/or termination. This includes all accounts by association. If You violate these Terms, We may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You. You agree that if OOP, in good faith and in its sole discretion, determines that You have breached these Terms, OOP may withhold, cancel, or otherwise retain any and all of Your pending deliveries.
1.6. OOP reserves the right to limit in its sole discretion the number of Customer accounts per household. A single credit card may not be used in conjunction with multiple user accounts. OOP limits the number of Customer accounts per natural person to one. Exceptions may apply. Please contact the Customer Services team on 01295 262925 or email firstname.lastname@example.org if You have any questions.
2. OUR OOP PRODUCTS & SERVICES
2.1. We shall provide (or procure the provision of) certain services including but not limited to the following:
(a) the purchase (and dispatch) of Products (including testing kits) and Non-Prescription Medicines (defined as Over-the-Counter Medicines or Pharmacy Medicines);
(b) the purchase (and dispatch) of Prescription Only Medicines (POMs) (whether private or NHS); Patients MUST be 18 years of age or older (other than Malarone Paediatric tablets for malaria prevention)
(c) the provision of Testing Services;
(d) the provision of the OOP Online Pharmacist Service to inter alia assess the suitability of Pharmacy Medicines ordered;
(e) the provision of the OOP Online Doctor Service to inter alia assess the suitability of POMs and to issue private prescriptions where POMs are ordered;
(f) the dispensing of pet medicines where a vet has issued a private prescription; and,
(g) any other services that We may provide from time to time or in the future.
(together, the ‘OOP Products & Services’)
2.2. Working with our OOP Partners and OOP Service Providers, We warrant to You that We will use our reasonable endeavours at all times to:
(a) provide to You a professional and transparent service in compliance with the guidelines and codes of our Industry Governing Bodies (including in respect of the OOP Online Pharmacist Service);
(b) procure that our OOP Partner doctors act professionally and lawfully in the provision of the OOP Online Doctor Service to You and deliver those services in compliance with the guidelines and codes of their Industry Governing Bodies;
(c) procure that our doctors take professional responsibility for Customers who use the OOP Online Doctor Service to the same extent as a doctor would have responsibility when meeting face to face;
(d) procure that our OOP Partner doctors prescribe POMs (or decline to prescribe as the case may be) in Your best interests and using their highest professional medical judgement;
(e) to procure that all parties who receive Your Personal Data (including Your Sensitive Personal Data) take all steps reasonably necessary and expected to protect this data in accordance with Date Protection Law requirements and the Privacy Statement.
3. CONTRACT FORMATION & HOW IT WORKS
3.1. Our shopping pages will guide You through the ordering process. Whether it be an order for goods (e.g. Products (including testing kits) and Non-Prescription Medicines) or for services (e.g. the private prescription request services required for POM orders by way of the OOP Online Doctor Service, the assessments required for Pharmacy Medicines by way of the OOP Online Pharmacist Service or Testing Services, once You have completed the purchase process, You will receive an e-mail from Us acknowledging that We have received Your order. However, please note that this does not mean that Your order has been accepted. We will confirm our acceptance to You by sending You an e-mail that confirms that the Products have been dispatched (‘Dispatch Confirmation’) or an email confirming that a request service for any OOP Services has been authorised, prescribed and completed (‘Completion Confirmation’). The Contract between Us will only be formed when We send You the Dispatch Confirmation or in respect of a POM, when Your POM requested has been authorised and prescribed. Professional codes of conduct and legal restrictions may limit the number and frequency of any Medicine We are permitted to supply to You and, as such, We:
(a) have no obligation to supply quantities exceeding the relevant permitted maximum and will charge only for those We do supply; and,
(b) reserve the right to reject any order for OOP Products & Services.
Notwithstanding this, where Your order is specifically for OOP Services which require the OOP Online Doctor Service and/ or the Testing Services, see Clause 3.2 and 3.3 for more information on how these work.
3.2. If you have ordered a test kit (and such has been approved via the OOP Online Doctor Service, You will receive it in the post, carry out the test at home and return it for assessment. All the details on what to do and how and where to return it to will be included in the test kit. Test results will be uploaded confidentially to your account and the results can be accessed via the Message Centre, which is where We record all of the information regarding Your transactions, including any email correspondence. This ensures everything is easy to access in one secure and discrete location. You will also receive an email notification to alert You that there is a message pending in Your Message Centre. Testing Services cover only those conditions and infections that are specified for that particular Testing Service on the Site. For example, a testing service reliant upon a urine sample will not detect any infections in the throat. All tests that are offered through this Site are from reputable laboratories and are of the standards expected for the clinical purpose but as with all tests, no test can be 100% effective. It is important to follow all the instructions carefully to get a valid result.
3.3. When You use our OOP Online Doctor Service to purchase private prescriptions for POMs. To use this service OOP Service, You will need to tick the box ‘I need a prescription’ when ordering Your POM. This will add the prescription to Your basket. Once You have paid for Your order You will need to complete a secure and confidential mandatory Personal Health Questionnaire to provide the doctor with a full overview of Your situation. The doctor will look at what You have submitted and, based on Your answers, Your prescription will be filled out. It is just like the face-to-face chat You would have with Your GP during a consultation and it is important to be as honest and accurate as possible with Your answers. It is Your responsibility to ensure this information is correct and complete and You accept that failure to do so (whether intentionally or not) will affect the information and advice that is given to You and the NPMs recommended and supplied or the POMs prescribed to You and, as such, may have consequences for which We and our OOP Partner doctors are not responsible. Your OOP Partner doctor will use the information (and photos, if relevant) to make an assessment of Your medical needs.
3.4. If We are unable to accept Your order and fulfil a prescription or supply the Products, NPM or POMs ordered, We will inform You of this and will not charge You for the Product. This might be because they are out of stock, because of unexpected limits on our resources which We could not reasonably plan for, because We have identified an error in the price or description of the same, because We are unable to meet a delivery deadline You have specified or because the Product or Medicine is not suitable for dispensing for any other reason. We may inform You that an alternative pharmacy that We have identified has the Product or Medicine available in which case, with Your agreement, the original prescription/order will be revoked and a new prescription/order will be sent to the new pharmacy.
3.5. If, for whatever reason, the doctor will not write a prescription for POMs for You, We will first contact You about Your order. It might be that the doctor wants to ask a few more questions before writing a prescription or it might be that the doctor finds that the Medicine You have ordered is unsuitable, and declines Your request. In any event, We will contact You and give You a full refund.
3.6. For the avoidance of doubt, We are legally only able to dispense POMs for You when We have received either an electronic prescription which has been digitally signed by a prescribing doctor, or alternatively a conventional paper prescription signed in writing by a prescribing doctor. The prescribing doctor can be Your own GP or may be one of our OOP Partner doctors who prescribe prescriptions for our Customers via the OOP Online Doctor Service. Prescriptions are issued entirely at the discretion of the prescriber and OOP cannot guarantee that a request for a prescription made through the NHS Prescription Service or the OOP Online Doctor Service will result in a prescription being prescribed. When We receive a prescription from You, We will verify it against the information provided to Us at the time the order was placed. In the event that the information does not match with Your original order, We may try to contact You using the information in Your registration. If We cannot contact You and We are unable to dispense the Medicine, We reserve the right to return Your prescription to You.
4. YOUR OBIGATIONS TO US
4.1. When using our OOP Products & Services, You warrant to us that You will:
(a) answer all questions and provide all information (including but not limited to when You are filling out our basic online registration form, our Pharmacy Medicines Form or our Personal Health Questionnaire) accurately and truthfully;
(b) comply with Your obligations in respect of Your Customer Login (Clause 1.2) and limits on user accounts (Clause 1.5);
(c) not register or complete Pharmacy Medicines Forms or Personal Health Questionnaires on behalf of anyone other than Yourself;
(d) carefully read all feedback and advice You receive from using the OOP NHS Pharmacist Service or the OOP Online Doctor Service and all instructions given for all Medicines before taking any Medicines or using any testing kits;
(e) accept the OOP Online Doctor Service’s decision as to whether it is deemed to be in Your best interests to have Your requested prescription prescribed to You with or without a face-to-face consultation;
(f) check the Medicines dispensed to You carefully and promptly upon receipt. If You believe there may have been a dispensing error, You should contact Us immediately and You should not take or use any of the Medicines;
(g) ensure that no-one other than You has access to any POMs that are prescribed to You and that You do not use the same beyond their expiry date;
(h) notify Us promptly if You experience any unwanted side-effects from any POMs that are prescribed to You or if You think that any POMs have not been effective. You can inform Us of this by phone 01295 262 925 or email@example.com (if the situation needs urgent medical attention please dial 999)
5. PRICE & PAYMENT
5.1. You must pay for the OOP Products & Services using a debit card or credit card of a type listed on the Site. In providing payment card details, You confirm that You are authorised to use the card and authorise us, or our payment service provider, to take payment in full for the OOP Products & Services in Your order, any associated delivery fees and any other charges that become due to Us under these Terms.
5.2. We will not charge Your debit card or credit card until We dispatch (goods) or start performing (services) Your order. If You have issues with purchasing, contact the Customer Services team on 01295 262925 or email firstname.lastname@example.org.
5.3. The costs of delivery will be as displayed to You on our Site and can be found here. Our delivery charges are as advised to You during the check-out process, before You confirm Your order which will be added at Your election.
5.4. Prices quoted on this Site are in pounds sterling. Prescriptions for humans are VAT exempt and therefore the prices shown do not include VAT. Private prescriptions for animals are not exempt from VAT so We are unable to provide You with a price online. Prices for Products (as defined) include VAT unless expressly stated otherwise.
5.5. We take care to ensure that all pricing information on our Site is accurate but occasionally there may be an error. In the event that an error has occurred and the price charged is too high, We will identify all those that have overpaid and refund the difference. If the correct price is higher than that on the Site, We will try to contact You for instructions using the information provided on Your order and give You the choice of cancelling Your order or paying the correct price.
5.6. Calls to our Customer Services team on 01295 262925 are charged at local rates from a BT landline. Your mobile operator's normal charges will apply to calls from mobiles.
5.7. For NHS prescriptions for POMs, You will be required to confirm eligibility for free prescriptions or to confirm You have a pre-paid prescription certificate. It is Your responsibility to give accurate information and to not make a false declaration.
5.8. Refunds, if applicable, will only be made using the payment gateway (e.g. Sagepay) to the card originally used for payment. Refunds may take up to approximately five (5) – seven (7) Working Days to appear on a card statement.
5.9. Due to legal restrictions any vouchers or coupons provided by OOP cannot be redeemed, either online or in our OOP Retail Outlets against any POM (NHS or private), infant formula milk or Products containing codeine. Each voucher or coupon will have additional terms and exclusions and We suggest that You read those terms and exclusions prior to using the voucher or coupon. We do offer £5 discount off our OOP Online Doctor Service from time to time.
6. PROVIDING PRODUCTS & MEDICINES TO YOU
6.1 The delivery services shall be performed by Royal Mail or any other delivery or courier company that may be instructed by OOP from time to time.
6.2 You should check the content of each delivery promptly upon receipt. If You believe that Products or Medicines have been sent to You in error You should contact us immediately by phone 01295 262 925.
6.3 OOP will dispense all POMs. Medicines and other Products may be:
(a) delivered by post; or,
(b) collected at an OOP Retail Outlet.
6.4 If you opt to collect Your Medicines and other Products at a participating OOP Retail Outlet, before doing so You need to check that Your Message Centre messages to ensure our OOP Partner doctor has approved Your Medicine. You also need to telephone the OOP Retail Outlet to check they have the Medicine in stock. If You ordered Products only, You need to telephone the pharmacy to check they have those in stock. In both cases, please be aware that if there are availability issues at Your nominated OOP Retail Outlet, it may not be possible to pick up Your approved Medicines and Products on the same day as You ordered them.
6.5 Where You order the OOP Doctor Online Service, We will begin their performance on the date We accept Your order. You agree that after this date, We will have begun the OOP Service at Your request and You will have no rights to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The estimated completion date is as told to You during the order process.
6.6 Prescriptions for POMs which require refrigeration or are controlled drugs will be transferred in a secure cool box to Your nearest OOP Retail Outlet for dispensing and delivery.
6.7 If after a failed delivery to You, You do not re-arrange delivery or collect from a neighbour, delivery depot or OOP Retail Outlet, We will contact You for further instructions and We may charge You for any further delivery costs. If, despite our reasonable efforts, We are unable to contact You or re-arrange delivery or collection We may end the Contract and Clause 9.3 will apply.
6.8 If We miss the delivery deadline for any Products or Medicines then You may treat the Contract as at an end straight away if any of the following apply:
(a) We have refused to deliver the Products or Medicines; or
(b) You told Us before We accepted Your order that delivery within the delivery deadline was essential.
6.9 If You do not wish to treat the Contract as at an end straight away, or do not have the right to do so hereunder, You can give Us a new deadline for delivery, which must be reasonable, and You can treat the Contract as at an end if We do not meet the new deadline.
5.10. If You do choose to treat the Contract as at an end for late delivery under Clause 6.8 and 6.9, You can cancel Your order for any of the Products and Medicines or reject Products and Medicines that have been delivered. If You wish, You can reject or cancel the order for some of those Products and Medicines (not all of them), unless splitting them up would significantly reduce their value. After that, We will refund any sums You have paid to Us for the cancelled Products and Medicines and their delivery. If the Products and/ or Medicines have been delivered to You, You must return them to Us. We will pay the costs of postage. Please call Customer Services team on 01295 262925 or email Us at email@example.com to arrange the return.
6.10 A Product or Medicine will be Your responsibility from the time We deliver it to the address You gave Us. You are welcome to return any unused, out-of-date, wrongly ordered or delivered Medicines to Us for appropriate clinical disposal.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end Your contract with Us. Your rights when You end the Contract will depend on what You have bought, whether there is anything wrong with it, how We are performing and when You decide to end the Contract:
(a) If what You have bought is faulty or misdescribed You may have a legal right to end the Contract (or to get the Product repaired or the Medicines replaced or to get some or all of Your money back), see Clause 10;
(b) If You want to end the Contract because of something We have done or have told You We are going to do, see Clause 7.2;
(c) If You have just changed Your mind about a Product or NPM see Clause 7.3. 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 You will have to pay the costs of return of any Products or NPMs;
(d) If You have simply changed Your mind about the OOP Online Doctor Service or any other services, 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 depending on how much of the services have already been performed (or completed in which case 100% will be payable – see Clause 7.4(c)); and,
(e) In all other cases (if We are not at fault and there is no right to change Your mind), see Clause 7.7.
7.2 If You are ending a Contract for a reason set out at (a) to (c) below the Contract will end immediately and We will refund You in full for any OOP Products & Medicines that have not been provided or performed and You may also be entitled to compensation. The reasons are:
(a) 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;
(b) there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control; or
(c) You have a legal right to end the Contract because of something We have done wrong (including because We have delivered late (see Clause 6.8)).
7.3 EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (Consumer Contracts Regulations 2013). For most Products and NPMs bought online You have a legal right to change Your mind within fourteen (14) Working Days and receive a partial or full refund. These regulations stipulate that You have the right to change Your mind at any time within fourteen (14) Working Days (i) after the day on which You receive the Product or NPMs; or (ii) following the day You placed Your order for the OOP Online Doctor Service or any other services. You are responsible for paying the cost of any returns of Products or NPMs.
7.4 You do not have a right to change Your mind in respect of:
(a) Products or Medicines sealed for health protection or hygiene purposes, once these have been unsealed after You receive them;
(b) the OOP Doctor Online Services or any other services once these have been completed, even if the cancellation period is still running (see Clause 6.5 for OOP Online Doctor Service);
(c) Prescription-Only-Medicines that have been prescribed and dispatched/ delivered/ collected; and
(d) any Products which become mixed inseparably with other items after their delivery.
(‘Cancellation & Refund Exclusions’)
7.5 You have fourteen (14) days after the day You (or someone You nominate) receives the Products or NPMs, unless Your Products or NPMs are split into several deliveries over different days. In this case You have until fourteen (14) days after the day You (or someone You nominate) receives the last delivery to change Your mind about the Products or NPMs.
7.6 For OOP Services, the Consumer Rights Act 2015 says You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or You can get some money back if We can’t.
7.7 Even if We are not at fault and You do not have a right to change Your mind (see Clause 7.1), You can still end the Contract before it is completed, but You may have to pay Us compensation. A Contract for Products is completed when the Product is delivered and paid for. A Contract for OOP Services begins when You place Your order for them and is completed when the OOP Services are completed i.e. in respect of the OOP Online Doctor Service, this is when Your prescription request for POMs has been considered and (i) granted; or, (ii) is pending pursuant to further enquiry; or, (iii) declined.
8. HOW TO END THE CONTRACT WITH US (including if You have changed Your mind)
8.1 To end the Contract with Us, please let Us know by one of the following methods:
(a) By Email: Email firstname.lastname@example.org to request the Cancellation Form be sent to You and then print it off, fill it out, scan it in and email the completed form back Us to email@example.com.
(b) By post: Email firstname.lastname@example.org to request the Cancellation Form be sent to You and then print it off, fill it out and post the completed form to Us at the address on the form, or, simply write to Us at our registered address, including the order details and Your information as set out in the template Cancellation Form below these Terms.
8.2 If You end the Contract for any reason after Products or NPMs have been dispatched to You or You have received them, You must return them to Us. You must either return the Products by posting them back to Us at Unit 7 Apollo Park, Ironstone Lane, Wroxton OX15 6AY or (if they are not suitable for posting) allow Us to have the choice to collect them from You. Please contact the Customer Services team on 01295 262925 or email email@example.com and We will provide You with information about how to return Your Product or to arrange collection. If You are exercising Your right to change Your mind You must send the Products back to Us within fourteen (14) days of telling Us You wish to end the Contract. Please see our OOP Cancellation & Returns Policy.
8.3 Where the Contract is for the OOP Online Doctor Service, Clause 6.5 and 7.4 (c) shall apply. If You cancel the OOP Services after We have started them, You must pay us for the OOP Services provided up until the time You tell Us that You have changed Your mind.
8.4 In all circumstances You must pay the costs of return unless:
(a) the Products or NMPs are faulty or misdescribed; or
(b) You are ending the Contract because of these Terms, an error in pricing or description, a delay in delivery due to Events Outside Our Control or because You have a legal right to do so as a result of something We have done wrong.
8.5 If You are responsible for the costs of return and We are collecting the Product or NPMs from You, We will charge You the direct cost to Us of collection.
8.6 We will refund You the price You paid for the Products or NPMs including delivery costs, by the method You used for payment. However, We may make deductions from the price, as described in Clause 8.7.
8.7 If You are exercising Your right to change Your mind:
(a) We may reduce Your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products or NMPs, if this has been caused by Your handling them in a way which would not be permitted in a shop.
(b) If We refund You the price paid before We can inspect the Products or NMPs and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount.
(c) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer.
8.8 We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then:
(a) If We have not offered to collect the Products or NPMs, Your refund will be made within fourteen (14) days from the day on which We receive the Product or NPMs back from You or, if earlier, the day on which You provide Us with evidence that You have sent the Product or NPMs back to Us. For information about how to return a Product or NPMs to Us, see Clause 8.2.
(b) In all other cases, Your refund will be made within fourteen (14) days of Your telling Us You have changed Your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the Contract for a Product at any time by writing to You if:
(a) You do not make any payment to Us when it is due and You still do not make payment within fourteen (14) days of Us reminding You that payment is due; or,
(b) You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Products (or NPMs) or You do not, within a reasonable time, allow Us to deliver the Products to You or collect them from Us. Note that if you place an order for a POM (and have not used the OOP Online Doctor Service to order a private prescription) and We do not receive the relevant prescription, We will not have any liability to You and it will be Your responsibility to contact us within thirty (30) days regarding Your order, otherwise it will be deemed to be cancelled.
9.2 We may need certain information from You so that We can supply the Products or Medicines to You i.e. where You have utilised the OOP Online Doctor Service and the OOP Partner doctor requires further information prior to prescribing for You. You will be contacted for this information. If You do not give Us this information within a reasonable time of Us asking for it, or if You give Us incomplete or incorrect information, We may either end the Contract (and Clause 9.3 will apply) or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result. We will not be responsible for supplying the Products or Medicines late or for not supplying any part of them if this is caused by You not giving Us the information We need within a reasonable time of Us asking for it.
9.3 If We end the Contract in the situations set out in Clause 9.1 and 9.2, We will refund any money You have paid in advance for OOP Products & Services that We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of Your breaking the Contract where the Contract includes the OOP Online Doctor Service.
10. IF THERE IS A PROBLEM WITH THE PRODUCT OR MEDICINE YOU RECEIVE FROM US
10.1 We are under a legal duty to supply Products and Medicines that are in conformity with this Contract. Nothing in these Terms will affect Your legal rights. The Consumer Rights Act 2015 says Products must be as described, fit for purpose and of satisfactory quality. In the unlikely event that You receive a Product or Medicine which is not what You ordered or which is damaged or defective, or the wrong quantity is received, We shall make good any shortage or non-delivery, replace or repair any damaged or defective Product (or Medicine as applicable), or refund to You the amount You paid for the Product or Medicine. During the expected lifespan of Your Product or Medicine Your legal rights entitle You to up to thirty (30) days if Your Products are damaged or faulty.
10.2 If You wish to exercise Your legal rights to reject Products You must post them back to Us or (if they are not suitable for posting) allow Us to collect them from You unless We inform You that returning or collecting is not necessary. We will pay the costs of postage or collection. Please call Customer Services team on 01295 262925 or email firstname.lastname@example.org or write to Us at Unit 7 Apollo Park, Ironstone Lane, Wroxton OX15 6AY. This provision does not affect Your statutory rights.
10.3 POMs: If You have been provided with the wrong POMs or upon receipt of delivery, the packaging is damaged or could have been tampered with, please let Us know immediately and do not use them. We shall advise You in regards to the appropriate disposal and re-ordering. If You have paid for Your POMs, You will be refunded any amounts due if the POMs are wrong, damaged or faulty. You are not otherwise entitled to cancel an order for a POM and receive a refund if You simply change Your mind.
11. OOP LIABILITY
11.1. If We fail to comply with these Terms, We are responsible for 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 a Contract.
11.2. We only supply the Products and Medicines for domestic, private and consumer use. Accordingly, We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
(a) any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings); or,
(b) Your emotional well-being including, but not limited to, any embarrassment caused;
(c) any loss of goodwill or reputation; or,
(d) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
11.3. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence or that of our servants, agents or employees;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the relevant terms implied by the Consumer Rights Act 2015.
11.4 We do not accept liability (except as set out below) for any errors and/or omissions contained in our Site and reserve the right to change information, prices, specifications and descriptions of listed Products and associated services at any time and without notice.
11.5 If the Service You receive via the OOP Online Doctor Service is not as expected, You acknowledge and agree that OOP has no liability to You in respect of Your use of the OOP Online Doctor Service which is provided by the relevant OOP Partner who is fully insured and regulated. You agree that any claim You make in connection with the OOP Online Doctor Service will only be brought directly against the OOP Partner concerned.
11.6 We shall have no liability to You for any delay in the delivery of Products ordered or any other matters to the extent that the delay is due to an Event Outside of Our Control.
11.7 To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect Your statutory rights as a consumer, nor does it affect Your right to change Your mind.
12. EVENTS OUTSIDE OUR CONTROL
12.1. 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 an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) We will contact You as soon as reasonably possible to notify You; and,
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
12.2. Where the Event Outside Our Control affects our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
12.3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days. To cancel please contact us. If You opt to cancel, You will have to return (at our cost and as solely instructed by us) any relevant Products You have already received and We will refund the price You have paid, including any delivery charges.
13. DISCLAIMER OF WARRANTY & LIABILITY REGARDING PURCHASES FROM US
All new Products are sold with the manufacturer’s limited guarantee only where applicable and where this is expressly stated on the Site in accordance with Clause 5. OOP warrants solely that the Products sold to You under these Terms shall have the characteristics specified in OOP’s specifications for such Products as set forth in the product description of each Product on the Site and assumes no further warranties. The warranty period and service varies by manufacturer and Product. The full text of any such warranty is available, free of charge, upon written request to OOP.
14. AVAILABILITY AND SECURITY OF THE SITE
14.1. We do not warrant the validity and accuracy of information on the Site or that the Site is kept up-to-date. The Site and its content and the OOP Products & Services are delivered on an “as-is” and “as-available” basis. We shall use reasonable endeavours to ensure that the Site, the OOP Products & Services and any information it holds on You are kept secure. However, due to the nature of the internet, We do not represent or warrant to You that:
(a) Your use of the Site and/ or the OOP Products & Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on or from it;
(b) Your use of the Site and/ or the OOP Products & Services will meet Your requirements;
(c) any information obtained or downloaded by You as a result of Your use of the Site and/ or the OOP Products & Services will be accurate, reliable or free of viruses or contamination or destructive features;
(d) there will not be any defects in the operation or functionality of any software provided to You (including the game play functionality) as part of the Site and/ or the OOP Products & Services; and,
(e) those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
14.2. We shall not be liable for any damage or costs which You may incur in the event that the Site and/ or the OOP Products & Services are not available for any particular length of time or at all. In particular, OOP shall not be liable for damage that occurs due to purchases not being received or not being received promptly as a consequence of technical errors or for games interrupted and the discount You may have received.
14.3. We shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.
14.4. Unscheduled emergency maintenance may be required at any time. We shall use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required
OOP’s logos are trademarks of OOP. All rights are reserved.
16. MEDICINES & HEALTHCARE PRODUCTS REGULATION AGENCY (MHRA)
Fake medicines are widely available online, that pass themselves off as real, authorised medicines. To give You extra peace of mind that OOP is legally retailing medicines online and is a trustworthy website, OOP are entitled to exhibit the MHRA stamp of approval logo. When clicking on the logo, You will be taken to the MHRA website that lists all legally operating online retailers in the UK.
Contact: MHRA 151 Buckingham Palace Road, London SW1W 9SZ
Telephone: 020 3080 6000
OOP Registration: C36873
Assignment. These Terms shall be personal to You and You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing. However, if You are a consumer and You have purchased a Product as a gift, You may transfer the benefit of any warranty to the recipient of the gift without needing to ask our consent. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect Your rights or our obligations under these Terms. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
Waiver. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
Third party rights. Our Contract is between You and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if You are a consumer, the recipient of Your gift of a Product will have the benefit of any warranty, but We and You will not need their consent to cancel or make any changes to these Terms.
Privacy. We will only give Your personal information to third parties where the law either requires or allows Us to do so in accordance with Our Privacy Statement.
Dispute Resolution: If You have a dispute with OOP, We will always try to sort things out if You contact customer services. If You are not happy with the resolution, alternative dispute resolution should be arranged between the parties prior to implementing proceedings as set out herein. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Costs: We are entitled to recover on an indemnity basis the costs of enforcing any of the Terms herein.
Severability: Each of the Clauses of these Terms operate separately. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.
Trademarks: OOP’s logos are trademarks of OOP. All rights are reserved.
Manufacturer Guarantees & Special Promotions: Some of the Products We sell to You will come with a manufacturer's guarantee where this is expressly stated. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. As a consumer, Your manufacturer's guarantee is in addition to, and does not affect, Your legal rights in relation to Products that are faulty or not as described. Any special promotions run by OOP shall only be valid if they are announced on OOP.com or a OOP social media site, or in an email from OOP. Certain promotions may only be valid for a limited time, with details announced by OOP. Once the advertised time limit of any promotion has been reached the promotion is finished. OOP reserves the right to limit promotions to certain groups of Customers in OOP's sole discretion.
Law and Jurisdiction. These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
In these Terms (except where the context otherwise requires) the following words shall have the following meanings:
Cancellation Form: as can be found here or which is available upon request as per Clause 8.
Cancellation & Refund Exclusions: refers to those set out at Clause 7.4.
Completion Confirmation: as referred to in Clause 3.1 in respect of the OOP Services that may be ordered and completed.
Customer Login: refers to a Customer’s unique username and password.
Data Protection Law: refers to the Data Protection Act 1998 together with any other applicable regulations, orders, code of practice and guidance.
Dispatch Confirmation: as referred to at Clause 3.1.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Regs: refers to the Distance Selling Regulations for the purposes of these Terms.
Event Outside Our Control: means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, supplier defaults civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Industry Governing Bodies: refers to the General Medical Council, the General pharmaceutical Council as applicable and the Care Quality Commission and MHRA.
Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and 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.
Medicines: POMs and NPMs.
Message Centre: as referred to in Clause 3.2 which is an area in an OOP Customer’s online account in to where messages are posted about an order.
NHS Prescription Service: refers to the dispensing of POMs that are subject to an NHS-issued prescription as opposed to a private prescription.
NPMs or Non-Prescription-Medicines: refers to Over-the-Counter Medicines or Pharmacy Medicines.
OOP Online Doctor Service: refers to the consultancy service provided by our GMC registered OOP Partner doctors as described further in these Terms.
OOP Online Pharmacist Service: refers to the consultancy service provided by our GPhC registered pharmacists as described further in these Terms.
OOP Partners: refers to any third party with whom We partner with in respect of the provision of the Services including our GMC registered medical doctors who perform the OOP Online Doctor Service any our testing laboratory partners who check for the results of Testing Services.
OOP Products & Services: refers to the services We may provide to You from time to time pursuant to a Contract and as further set out at Clause 2.1 which includes the provision of Products and Medicines (and the delivery thereof) in addition to services via the OOP Online Doctor Service and provision of the Site and its functionality and any other customer-related services.
OOP Service Providers: refers to the third parties with whom We work with from time to time as a necessary part of providing the Services to You.
OOP Services: refers to the OOP Online Doctor Service and/ or the OOP Online Pharmacist Service or any other service that may be provided to You from time to time.
Over-the-Counter Medicines: refers to medicines that are on the 'general sales list' i.e. Common treatments for minor complaints which are not serious enough to seek the advice of a GP or pharmacist. They can be bought over-the-counter in shops where there is not a pharmacist present. Just because these medicines are widely available doesn’t generally mean they are less strong than prescribed treatments, and there's still a possible danger of overdose or side effects. Make sure You read the label and package insert to understand the right dose and any possible interactions with other treatments.
Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998/ EU data protection regulation 2016/679.
Personal Health Questionnaire: refers to the form that You will need to fill out online in order for a OOP Partner doctor to assess and prescribe a POM to You.
Pharmacy Medicines: refers to medicines which don't need a prescription and can be bought from a pharmacy under the supervision of a pharmacist. They are not out on the main shop shelves, but kept behind the counter to ensure they are only sold by a pharmacist or another member who will have checked they are appropriate for the condition and age of the person. A Pharmacy Medicines Form will need to be submitted to complete an order and purchase.
Pharmacy Medicines Form: refers to the form that You will need to be filled out online in order for a pharmacist to dispense the Pharmacy Medicine.
POM or Prescription-Only-Medicine: refers to medicines that require a doctor to issue a prescription in order to enable a pharmacist to dispense.
Product(s): refers to those goods purchased by a Customer from the Site which do not include Medicines.
Sensitive Personal Data: has the meaning set out in section 2 of the Data Protection Act 1998/ EU data protection regulation 2016/679 and may consist of racial or ethnic origin, political opinion, religious or other beliefs of a similar nature, trade-union membership, physical or mental health or condition, sex life, the commission or alleged commission by them of any offence, any proceedings for any offence committed or alleged to have been committed by them and the disposal of such proceedings or the sentence of any court in such proceedings.
Site: www.oxfordonlinepharmacy.co.uk or any other sub-domain that may be used by Us from time to time.
Terms or Service Terms & Purchase Terms: these terms and conditions.
Testing Services: refers to any laboratory tests that We might offer to You in respect of testing kit Products.
Working Day(s): any day other than a Saturday, a Sunday, or a public holiday in the United Kingdom.