TERMS &CONDITIONS

 

 

Please read these Terms and Conditions carefully as they will apply to your use of Pharmalyfe’s website. By using this website, you are agreeing to the Terms and Conditions stated below. Occasionally, we may change these terms and conditions upon review. We will post any amendments to these terms and conditions on the website and we advise that you regularly review these Terms and Conditions as your use of this website will infer acceptance to any changes made. These Terms and Conditions shall not affect any statutory rights.

The owner of the business is Pharmalyfe Ltd. Our company number is SC596436 and we are registered in Scotland.

Our registered office address is:

C/O Lockhart Amin 13 Granville Street, Glasgow, G3 7EE

Our business address is:

417 Paisley Road West Glasgow, G41 2SE

 

Private Prescriptions

Private prescriptions are dispensed by Pharmalyfe, a subsidiary of Pharmalyfe Limited. All prescriptions are dispensed in the UK by our GPhC registered pharmacy. The customer can send a copy of the prescription via fax or email but the original prescription must be received within 72hrs. This is the prescriber’s responsibility. All prescriptions must comply with all UK law and regulations and must be signed by a registered healthcare professional who is either a Doctor, Dentist or a qualified non-medical prescriber who has performed a face to consultation with the patient. The products on the prescription are for use of the named patient only and are not for onward sale under any circumstance. Please note we only accept prescriptions created using our template as per company policy.

Please note the following apply to all prescriptions that are submitted to Pharmalyfe. This includes both electronic and paper copies. By submitting prescriptions to Pharmalyfe, you agree to the Terms and Conditions stated herein in addition to the statements made directly below.

I can confirm that the named patient on the prescription has consented for the items on the prescription to be delivered to the address provided and the items on this prescription are only for the named patient.

I can confirm that the patient has nominated Pharmalyfe as their pharmacy for dispensing this prescription issued by me as the prescriber and the patient has consented to share their personal details (as stated on the prescription) to Pharmalyfe as part of the GDPR/Data Protection Act.

I can confirm that a face-to-face consultation with the patient has been completed and appropriate clinical oversight is being carried out for the patient’s treatment plan.

I can confirm that if I have considered it appropriate for an associated practitioner to administer the prescription items to my patient, under my direction, the named practitioner has been appropriately trained and insured, and I consider the said practitioner to be professionally competent.

I can confirm that I am fully aware of and accept clinical, professional and legal responsibility for prescribing outside the licensed indications of any of the prescribed products, wherever applicable.

I agree to adhere to the rules set out by all regulatory bodies such as the GPHC, MHRA, HMRC and all other relevant regulatory bodies associated with my practice and procedures. I can also confirm that I have the appropriate training and insurance for the prescribing/treatments for the named patient.

I agree that the consultation and diagnosis leading to the treatment prescribed for this patient is based on my clinical judgement and I understand that VAT will not be charged on the prescription solely because it is for the healthcare treatment of this patient.

I agree to take responsibility for submitting a non-prescription order where the order is not for the healthcare treatment of the patient so that VAT is charged at the standard rate

By using the services of Pharmalyfe, I agree to the terms and conditions set out and take full responsibility for the items I am ordering and I am doing so in the best interest of patient safety. I hereby declare that the above statements are true.

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions. Privacy Statement and Disclaimer Notice and any or all Agreements; “Client”, “Customer” “You” and “Your” refers to you, the person accessing this website and accepting our company’s Terms and Conditions. “The Company”, “Ourselves”, “We”, “Supplier” and “Us”, refers to our Company. “Party” and “Parties” refers to both the Client and ourselves or either the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings or a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Companies stated services/products, in accordance with and subject to prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Confidentiality

Under the Data Protection Act 1998, any information concerning the Client and their respective Client records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to anybody other than our manufacturer/suppliers if requested and, if legally required to do so, to the appropriate authorities. Clients have the right to request copies of any Client records that we keep on the stipulation that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information or copies of records as part of an agreed contract, for the benefit of both Parties.

Under any circumstance, we will not sell, share or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products, unless agreed otherwise by you the Client. If you do not wish to receive any mail, please email support@pharmalyfe.com

Disclaimer

Exclusions and Limitations

The information on this website is provided on a “as is” basis. To the fullest extent permitted by law, Pharmalyfe Limited:

Excludes all representations and warranties relating to this website and its contents or which is or maybe provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Companies literature.

Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Any discrepancies with orders should be reported within 24 hours of receiving your order. This should be reported to us by emailing support@pharmalyfe.com

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All major Credit/Debit Cards and BACS transfer are accepted as payment methods by our company. We require payment in full prior to fulfilling your order.

Returns requests

All returns requests must be made within 24 hours of receiving the product. Please either email us on support@pharmalyfe.com or call us on 0141 266 0346. Upon authorising returns, we will issue a returns number which must be included with the returned products. All returned products must be unused, unmarked and in their original packaging. Products must be returned in their original packaging and appropriately wrapped to prevent damage during transit. Buyer will be responsible for returns shipping charge and it must be sent via a tracked service. Goods can only be returning upon obtaining authorisation from the company and a returns number. If goods are returned without any of these two stipulations, we may not be able to process your return. We may require photographic evidence prior to posting your return.

 

Exemptions

 

In the interests of patient safety, products exempt from returns due to safety issues include:

Cold chain products

Medicines and medical products used within aesthetic practice.

 

Incorrect items received

 

If you have received incorrect items, we will hold responsibility and will arrange the return collection of the items. A full refund will be issued in addition to free next day delivery on your next order.

If you receive a faulty, incorrect or unfit for purpose product, do NOT dispose of the product. If the product is discarded, we will not be able to refund or replace the product. We ask for you to contact us immediately and we will investigate any issues raised and can advise the next steps to be taken.

 

Cancellation Policy

We require a minimum of 24 hours notice for cancellation of orders. This can be done by emailing support@pharmalyfe.com in addition to payment to the Seller for cancellation charges. Orders for cold chain goods cannot be cancelled after they have been dispatched. We reserve the right to levy a £30 charge to cover any subsequent administrative expenses.

 

Product Information

 

When purchasing any products from the website, you are formally agreeing that you have undertaken sufficient training which certifies and accredits you to be able to either inject the product safely & effectively if it is an injectable or utilise it according to the manufacturers’ specification and take full professional responsibility for your own competence. You formally agree to have the necessary insurance requirements in place for the use of such products and abide by any national or local rules which may apply to your practice.

The Products are described in the Products Specification. The Supplier shall be under no obligation to supply Products unless the Customer complies in full with the Supplier’s procedures in relation to Restricted Products from time to time, guidelines of the Customer’s regulatory body and all applicable law. The Customer shall ensure that each prescriber of Products (who shall be an appropriate authorised representative of the Customer) confirms their awareness that each time that an order for a Restricted Product is placed by the Customer, the prescriber shall be treated as having made the Declaration for prescription items as stated above and on our template prior to signing each prescription. The Supplier reserves the right to amend the Products Specification if required by any applicable statutory or regulatory requirement, and the Supplier shall notify the Customer in any such event. It also reserves the right to notify the Customer’s regulatory body if the Supplier is aware of any breach of regulatory guidelines and/or applicable law resulting from any use of the Products by the Customer.

The Customer warrants that it is buying Products for use in the UK. Each member of the Customer’s staff that will be using the Restricted Products has passed a certified and accredited training course in relation to the Products and the Customer acknowledges and agrees that it has sole and full responsibility for any use or misuse of the Restricted Products.

Quality of Products

The Supplier warrants that on delivery the Products shall: (a) conform in all material respects with their description and any applicable Products Specification; (b) be of satisfactory quality (within the meaning of the Sale of Products Act 1979); and (c) be fit for any purpose held out by the Supplier

If the Customer gives notice in writing to the Supplier within a reasonable time of discovery and in any event within seven days that some or all of the Products do not comply with the warranty, the Supplier is given reasonable opportunity of examining such Products and the Customer (if asked to do so by the Supplier) returns such Products to the Supplier’s place of business at the Customer’s cost,

The Supplier shall, at its option, repair or replace the defective Products, or refund the price of the defective Products in full. The Supplier shall not be liable for the Products’ failure to comply with the warranty set out if: (a) the Customer makes any further use of such Products after giving a notice of a potential defect (b) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, use or maintenance of the Products or (if there are none) good practice regarding the same (c) the Customer alters such Products without the written consent of the Supplier or (d) the Products differ from their description or the Products Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards. The Supplier shall have no liability to the Customer in respect of the Products’ failure to comply with the warranty set out and these Conditions shall apply to any replacement Products supplied by the Supplier

Unlicensed Medication (Specials)

When purchasing /prescribing /administering unlicensed products you are formally agreeing that you have undertaken certified training which accredits you to be able to administer the product safely and effectively and take full professional responsibility for your own competence.

You may only prescribe/ order unlicensed medicines if the following criteria are met:

• An unlicensed medicinal product may only be supplied in order to meet the special needs of an individual patient
• an unlicensed medicinal product should not be supplied where an equivalent licensed medicinal product can meet the special need of the patient
• Responsibility for deciding whether an individual patient has ‘special needs’ which a licensed product cannot meet should be a matter for the prescribing healthcare professional

In cases where further consent is required, you will be asked to provide written consent of your understanding of a specific product need. This will be in the form of an email. By submitting prescriptions to Pharmalyfe for unlicensed medicines, you agree to the Terms and Conditions stated herein in addition to the statements made directly above.

Weight Loss Products

If you are prescribing any products for weight loss then you are agreeing that:

You have completed a medical assessment of your patient and they are suitable for weightloss products. You confirm that they fall within the BMI range for the product. You confirm your patient has a BMI >30 (>27 with comorbidities) that requires the use of weightloss products as part of the patients treatment plan. You confirm that the patient is monitored throughout their use of Wegovy, their progress is closely monitored and an assessment is completed before each prescription is issued.

As part of my prescribing practice, I agree to the following statements and adhere by these statements as part of my professional responsibility when issuing prescriptions.

 

By prescribing medicines for weight loss, you agree to the following:

You confirm that the decision to prescribe weightloss medicines is based on information provided by the patient which is independently verified through additional means including face to face communication with the patient. This includes independently verifying the patient’s height, weight and BMI to assess suitability for the medicines. You can confirm this is carried out each time before a prescription issued for the patient.

You confirm all relevant information regarding prescriptions and treatments for the patients’ weight management is shared with their normal prescriber with the consent of the patient.

You confirm that an overall assessment of the patient is conducted to assess suitability of the medicines and the risks attached are explained fully to the patient.

You confirm appropriate and up to date records are kept for each patient including consultations, records of BMI, records of prescriptions issued in addition to any follow up consultations with the patient throughout the course of their treatment.

You confirm you have the appropriate training, knowledge and competency to be prescribing weightloss medicines and have the appropriate indemnity insurance in place.

 

Delivery Information

All orders placed on the website before 3pm (Monday – Friday) will be sent out for next working day delivery via DPD. This excludes weekends, bank holidays and any other local holidays whereby delivery services may be restricted. All orders are always sent out on a next working day service subject to location. Saturday delivery, which has an additional charge, can be requested if an order is placed on Friday. We use Royal Mail Next Day Saturday Guaranteed for Saturday deliveries. Changing the delivery address on the DPD app on the day the parcel is due to be delivered may delay the order in getting to you in time. We will not hold any responsibility to delayed orders caused by third party delivery couriers. All cold chain orders placed on Friday with normal next day delivery selected will be dispatched on Monday due to temperature requirements. If Saturday delivery is selected, the cold chain order will be dispatched on a Saturday delivery service to ensure the integrity of the item is maintained in accordance with the manufacturer’s temperature requirements.

All mainland UK orders placed before the cut-off time on a Business Day will be despatched with the Supplier’s nominated courier for next Business Day delivery and the cut-off time shall be 3pm. Please note, that for some locations, pre-12pm services are pre 1pm as set out by the nominated courier service for specific postcodes.

The Customer acknowledges and agrees that:

(a) it is responsible for ordering Products on such dates as shall ensure that it has sufficient Products to meet its requirements;

(b) any changes using the third party delivery agent’s app on the day Products are to be delivered may delay delivery;

(c) the Supplier is not responsible for delays in delivery caused by its third party delivery agents;

(d) Where the third party delivery agent is not able to deliver on the date and at the time notified to the Customer, other than directly as a result of the act or omission of the third party delivery agent: (i) the Customer is responsible for rearranging delivery with the third party delivery agent and for any reasonable administration charges levied by the Supplier; and (ii) in relation to Cold Chain Products where the Customer must be available in person to take delivery, the Supplier shall not be responsible for any loss of or defect in the Cold Chain Products and shall be under no obligation to replace those Cold Chain Products nor to make any refund in respect of them;

Where the Customer itself does not take receipt of the Products from the third party delivery agent, the Supplier shall not be responsible for any loss of or defect in the Products and shall be under no obligation to replace those Products or make any refund in respect of them.

The Supplier shall deliver the Products to the location set out in the Order or such other location as the parties may agree (Delivery Location) on the date notified by the Supplier and the Customer shall ensure that it or its representative is available to accept delivery.

Delivery of the Products shall be completed on the completion of receipt of the Products at the Delivery Location. The Supplier shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Products

If the Supplier fails to deliver the Products, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. The Supplier shall have no liability for any failure to deliver the Products to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Products. The Customer shall notify the Supplier in writing of any failure to deliver within seven days of the Order date.

Termination of Agreements and Refunds Policy

Both the Client and the Company have the right to terminate any services arrangement for any reason. This includes the termination of services currently ongoing. No refunds shall be offered whereby a service is considered to have commenced and is currently ongoing. Any monies that have been paid to us which constitute payment in respect of the provision of unused services not yet commenced shall be refunded.

Title and risk

The risk in the Products shall pass to the Customer on completion of delivery. Title to the Products shall not pass to the Customer until the Supplier receives payment in full for the Products.

Supply of Services

The Supplier shall supply the Services to the Customer in accordance with the Service Specification in all material respects. The Supplier shall use all reasonable endeavours to meet any performance dates for the Services agreed between the parties, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services. The Supplier reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event. The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

 

Customer’s obligations

 

The Customer shall: (a) ensure that the terms of the Order and any information it provides are complete and accurate; (b) co-operate with the Supplier in all matters relating to the Products and Services, including in relation to any product recall; (c) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; (d) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; (e) comply with all applicable laws, including health and safety laws; and (f) comply with any additional obligations as set out in the Service Specification and the Products Specification. If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default): (a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations; (b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out. The Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

Charges and payment

The price for Products and Services shall be the price set out in the Order. The Supplier reserves the right to increase the price of the Products, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Products to the Supplier. The Customer shall pay for Products and Services at the time it places the Order using BACS or debit/credit card via the Supplier’s secure Worldpay gateway. All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services or Products at the same time as payment is due for the supply of the Services or Products. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Availability

The services featured on this website are only available within the United Kingdom (UK). All advertising is intended to solely target the UK market. The customer is solely responsible for evaluating the appropriateness for a particular purpose of any content available from this site. The content on this website including pictures, text, images cannot be copied and redistributed without first obtaining the written consent of the Company. We aim to provide as smooth a service as possible but are aware at times the site may be interrupted or have errors on it. Once identified, we will aim to resolve any issues immediately to minimise impact on our customers. By using our website, the client agrees to indemnify the company as a whole including any employees or third party contractors against any loss or damage suffered by the client via any method.

 

Links to this website

You may create a link to any page of this website only after obtaining our written consent to do so. Requests should be emailed to support@pharmalyfe.com and we will respond after reviewing your request. If you create a link to a page of this website after obtaining our written consent, the prohibitions and boundaries defined above will apply to your use of this website. We will not be held liable for any damage which may be caused by this.

Links from this website

Any links to third party websites are not reviewed and evaluated by our company. Any material published on third party websites is not endorsed by us and it is the website’s owner’s views and opinions which are shared on their platform. In addition, the content and policy statements of such websites should be reviewed when visiting these websites as we are not responsible for the practice or content of the site. We recommend to all users to be aware to be aware when they are visiting external websites and to do their own due diligence with respect to the privacy and security of the site prior to engaging with them. We will not be responsible for any loss or damage incurred by you when visiting and interacting with third party websites.

Copyright Notice

All text, images and content on this website are subject to Copyright laws

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an Agreement or Contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

 

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Scotland govern these Terms and Conditions. By accessing this website and using our services to purchase products, you consent to these Terms and Conditions and to the exclusive jurisdiction of the Scottish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason which include the exclusions and limitations set out above, the invalid or unenforceable provision will be detached from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not effect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will imply your acceptance of any adjustments to these terms. If any changes are made to our privacy policy, we will announce these changes on our home page. If there are any changes in how we use our customers’ personal information, notification by e-mail to the registered address will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. We advise all customers to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

Limitation of liability

The Supplier has obtained insurance cover in respect of its own legal liability for individual claims. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss. The Customer acknowledges and agrees that the Supplier accepts no liability for use of the Products. The restrictions on liability in this clause apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Products Act 1979 or section 2 of the Supply of Products and Services Act 1982 (title and quiet possession); and

(d) defective products under the Consumer Protection Act 1987, the Supplier’s total liability to the Customer in respect of Products and/or Services shall not exceed the greater of £1,000 (one thousand pounds) and an amount equal to three times the amount paid to the Supplier by the Customer for those Products and/or Services. 14.7 This clause sets out the following types of loss that are wholly excluded: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill; and (vii) indirect or consequential loss. (c)

Entire agreement.

The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.