Sale of medicines by subscription: terms and conditions

1.1 What these terms cover.These are the terms and conditions on which we supply over-the-counter medication (the “products”) on a single order or subscription basis, via our website at https://www.well.co.uk/pharmacy-services (the “website”).

1.2 Why you should read them. Please read these terms carefully before you order products. These terms tell you who we are, how we will provide the products to you, how you and we may change or end our contract with you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. By ordering products, you agree to these terms and conditions.

2.1 Who we are. We are Bestway National Chemists Limited, a company registered in England and Wales. Our company registration number is 09225457 and our registered office is at Merchants Warehouse Castle Street, Castlefield, Manchester, M3 4LZ. Our registered VAT number is 146295159. All orders for products will be processed by our pharmacy at Healthcare Service Centre, Whittle Road, Meir Park, Stoke-on-Trent, Staffordshire, ST3 7UN, United Kingdom (General Pharmaceutical Council registration number 9010492).

2.2 How to contact us. For customer service queries please contact hello@well.co.uk or 0333 010 2222. For complaints please phone 0333 010 2222 or email hello@well.co.uk.

2.3 How we may contact you. If we have to contact you we will usually do so by emailing you at the email address you provided to us when you registered. We may also contact you by telephone or by post using the contact details you provided to us when you registered.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.1 Consultation. All orders start with an online questionnaire to ascertain your suitability for the products. You can purchase the products through our website provided that you are male, at least eighteen (18) years old and a resident of the UK. If you wish to receive your products via subscription then you will need to sign up for an account. You will need to provide the details of a valid UK credit or debit card in your name.

3.2 How we will accept your order. Our acceptance of your order will take place when we notify you in writing that we have accepted it, at which point a contract will come into existence between you and us. For one-off orders this will be in the form of a dispatch confirmation. For subscription orders this will be a subscription confirmation. In each case the confirmations will be provided by email, following conclusion of relevant checks by our pharmacist.

3.3 Acceptance of orders. Acceptance of all orders is subject to the professional discretion of our pharmacists. You must provide accurate responses to the questions that we ask you about your health and current products to enable us to assess whether the products is suitable for you. In some cases, we will need to contact you separately and ask further questions to make this assessment, but we will let you know if this is the case. You must notify us as soon as possible if there are any changes to your health or current products which could affect your use of the products. If you subscribe for repeat orders, we will send you a reminder email every month asking you to confirm that there has been no change to the information you have provided to us concerning your health and current products. You must make any changes via your online account. If you respond to confirm that nothing has changed, we will continue to send your order. If you notify us that your condition or products has changed, or you do not respond, we may suspend or cancel your order and will notify you that we have. Please note: you cannot make a one-off purchase of products for a condition, whilst you currently have a live subscription in place for products to treat the same condition.

3.4 If we cannot accept your order. If we are unable to accept your order, we will notify you of this and refund any charges made for the products. This might be because:

(a) you do not meet the eligibility criteria for the products;

(b) our pharmacists consider that the products is not suitable for you;

(c) the products is out of stock;

(d) if you subscribe for repeat orders, you have confirmed to us that there has been a change to the health and current products details we hold for you and we consider this to impact your eligibility for the products;

(e) of unexpected limits on our resources which we could not reasonably plan for; or

(f) we have identified an error in the price or description of the products.

3.5 We only sell to customers based in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

3.6 Your responsibilities. You are responsible for:

(a) the information you provide to us about yourself, your medical conditions and your products. You are responsible for letting us know if there are any changes to this information and for keeping it up to date. In particular, you need to tell us about any changes in your medical conditions, other medication that you are taking and your delivery address. You promise that this information is accurate and acknowledge that if you do not provide accurate and up to date information you could be putting your health at serious risk. You can update your information by responding to our email if you have subscribed for repeat orders, or by emailing us at hello@well.co.uk. You should review the patient information leaflet and follow the clinical directions provided with the products before using them;

(b) notifying your GP and/or any other relevant healthcare professional that you are using the products;

(c) ensuring that your payment details are kept up to date. We reserve the right not to process your order if your payment details have expired or are invalid in any way. In such cases, we will attempt to contact you to enable you to provide updated information to allow us to process your order.

3.7 Your obligations. You agree:

(a) to keep any details that you use to log in to the website confidential and not share them with any other person;

(b) to only order products for your own personal use. We do not offer the facility for you to order products on behalf of other people, including partners or other family members;

(c) not to use our service for any unlawful purpose. We will not be responsible for any misuse or abuse of the products;

(d) that by placing an order with us you are confirming that:

(i) you do not have any known allergies, sensitivities or intolerance to the products;

(ii) you do not have any known medical conditions which predispose you to adverse reactions to the products;

(iii) you are not taking any concurrent products with which the products is likely to interact; and

(iv) you consent to your order being posted through your letterbox and confirm that there is no risk to children, pets, vulnerable adults or other third parties as a result of your order being delivered in this way;

(e) not to use our website in any way that will damage, impair or render it less efficient;

(f) that your use of our website and service does not grant you any rights in relation to our intellectual property.

4.1 If you wish to make a change to your order please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may be able to end the contract (see clause 8).

5.1 We may make changes to your order, the products or these terms and conditions:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the products.

5.2 We will not make any other changes to your order, the products or these terms and conditions without discussing such changes with you first. If we do make any such changes, we will notify you before the change takes effect and you may then contact us to end the contract and receive a refund for any products paid for but not received.

6.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.

6.2 Packaging may vary. The packaging of the products may vary from that shown in images on our website.

7.1 Delivery costs. The costs of delivery (if applicable) will be as displayed to you at the checkout stage before you place your order. If you subscribe for repeat orders and pay through our automatic renewal service we reserve the right to change our delivery costs at any time upon giving you 10 working days’ notice in writing in advance of any such change. If you are not happy with such change, you may then contact us to end the contract and receive a refund for any products paid for but not received.

7.2 Delivery of the products. We will deliver the products to you as soon as reasonably possible or, where you subscribe for repeat orders, at monthly intervals (each a “subscription month”), starting from the date of your first order. Unless we notify you otherwise, all products are sent by us using Royal Mail, and should be delivered to you within 5 working days of us dispatching your order. Subscriptions are valid for a year from the date of first order.

7.3 We cannot guarantee the exact time and day of delivery and recommend that you allow for up to five working days for your order to arrive once it has been processed.

7.4 If you are not at home when the products are delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, they may be left with a neighbour and, if that’s not possible, the courier should leave you a note informing you of how to rearrange delivery or collect your order from a local depot.

7.5 If you do not re-arrange delivery. If you do not collect the products from the courier or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and 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.

7.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.7 When you become responsible for the products. The products will be your responsibility from the time that they are delivered to you.

7.8 When you own the products. You own the products once we have received payment in full.

7.9 What will happen if you do not give required information to us? We need certain information from you so that we can supply the products to you, for example, the information that we ask you to provide about your health and products when you register with us and, if you subscribe for repeat orders, any changes or updates to this information (see clauses 3.3and 3.6(a)). If you do not give us this information or if you give us incomplete or incorrect information, we will not be able to supply the products to you and, if you subscribe for repeat orders, may end the contract (see clause 9.1(a)). We will not be responsible for any failure to supply the products if this is caused by you not giving us the information we need to process your order.

7.10 Reasons we may suspend the supply of the products to you. We may have to suspend the supply of the products to:

(a) deal with technical problems or make minor technical changes;

(b) update the products to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the products as notified by us to you (see clause 5).

7.11 Your rights if we suspend the supply of the products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. We may need to suspend the supply of the products if, for example, the card details that you provided when you registered are no longer valid or your payment isn’t authorised. You may contact us to end the contract for the products if we suspend the supply, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the products in respect of the period after you end the contract.

7.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you reasonably dispute the unpaid invoice (see clause 11.5). We will not charge you for the products during the period for which they are suspended.

8.1 Cancelling a one-off order. You can cancel a one-off order at any time before we dispatch it by contacting us via email. You will receive a full refund using the method of payment that you used to pay for the products.

8.2 Cancelling a subscription. If you want to cancel a subscription order, just contact us to let us know. The subscription will end at the end of the subscription month in which you notify us, or the following subscription month, where we have already taken the following subscription month’s payment from you (or are irrevocably about to do so).

8.3 Unfortunately, once your order has been dispatched, you will only be able to cancel it if what you have bought is faulty or misdescribed, in which event we will replace or refund (at our discretion) the faulty or misdescribed products. We will pay the costs of return if the products are faulty or misdescribed.

9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if you do not:

(a) within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(b) within a reasonable time, allow us to deliver the products to you or collect them from us.

9.2 We may withdraw the products. We may write to you to let you know that we are going to stop providing the products if you sign up to receive the products on a subscription basis. We will let you know at least 30 days in advance of our stopping the supply of the products (excluding where we are cancelling the prescription due to a change in your information (see clause 3.6(a)) and will refund any sums you have paid in advance for products which will not be provided.

9.3 We reserve the right to suspend or terminate your access to our services at any time without notice if we have reasonable grounds to believe that you have breached any of these terms.

10.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us using the details set out in clause 2.2.

10.2 We may refer you to one of our pharmacists if our customer services team cannot provide the information that you need. We may also direct you to your GP surgery and or Royal Mail if appropriate.

10.3 A copy of our complaints procedure is available on our website.

10.4 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. These are subject to certain exceptions. For detailed information about your legal rights as a consumer please visit the Citizens Advice website or call 03454 04 05 06. Nothing in these terms will affect your legal rights.

11.1 Where to find the price. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. If you subscribe for repeat orders and pay through our automatic renewal service we reserve the right to increase our prices at any time upon giving you at least 10 working days’ notice in writing in advance of any such price increase. If you are not happy with such change, you may then contact us to end the contract and receive a refund for any products paid for but not received. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the products you order.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.4 When you must pay and how you must pay. We accept payment by all major debit and credit cards. You must pay for the products in full (if they are subject to a charge) before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. We use a third party platform to process our payments. When you provide your credit or debit card details, the third party may perform a pre-authorisation on your card to ensure that the payment details that you provide are correct. We do not process, handle or retain any card details that you provide but the third party platform that we use may ask for your consent to remember your card details for future purchases.

11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or for any failures or delays caused by you. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.4; and for defective products under the Consumer Protection Act 1987.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.

14.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.5 Which laws apply to this contract and where you can bring legal proceedings. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English and Welsh courts.