Terms and conditions for our health services

1.1 What these terms cover. These are the terms and conditions on which we, Well Pharmacy, provide all appointments, consultations and clinical services (referred to in these terms as the Health Services). By booking any of the Health Services you agree to be bound by these terms. References in these terms to the “contract” are to the contract that is created between us in respect of our provision of the Health Services (see section 3, below), which will be on these terms.

1.2 Why you should read them. These terms tell you who we are, how we will provide Health Services to you, how you and we may change or end the contract, 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 at hello@well.co.uk to discuss.

1.3 Early termination. We reserve the right to cease providing any or all of the Health Services at any time on notice to you. In the event that we cease providing the Health Services in advance of any booking, we will, at our option either provide the Health Services that have been booked or issue you with a refund for any Health Services that you have paid for but not yet received. If we do not provide the Health Service we will wherever possible suggest alternative providers that you may wish to use to access the Health Services.

2.1 Who we are. We are Well Pharmacy, a trading name of 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 of the Health Services will be provided by a pharmacist or trained health service provider working under the supervision of a pharmacist (Colleague) at the pharmacy you select when you make a booking (Pharmacy). All of our pharmacists are registered with the General Pharmaceutical Council (GPhC) or (in Northern Ireland) the Pharmaceutical Society of Northern Ireland (PSNI).

2.2 How to contact us. Should you have any queries or concerns regarding the Health Services you should first contact the Pharmacy. If they are unable to resolve the matter you can contact our Customer Team on 0333 010 2222 or hello@well.co.uk.

2.3 How we may contact you. If we have to contact you, we will do so by telephone, text message or by writing to you at the email address or postal address you provided to us when making your booking. Please see section 8 (below) of these terms and conditions for details of how we use your personal information.

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

3.1 Our acceptance of your order for the provision of Health Services and the creation of the contract between you and us will take place once the Colleague has assessed you as suitable for receipt of the Health Service. This assessment will take place in the Pharmacy at your consultation appointment. The decision of the Colleague as to your suitability for the Health Services is final and binding.

3.2 Sometimes we reject orders or decide the Health Service is not suitable for you. Sometimes we reject orders, for example because we can't verify your age (where the Heath Service is age-restricted) or because the Health Service was mispriced by us. Sometimes, the Colleague might decide that the Health Service is not suitable for you, in which case the Colleague will provide you with a reason and, if they consider it appropriate, they may refer to you to an alternative provider. When this happens, we let you know as soon as possible and refund any sums you have paid for that Health Service.

4.1 Minor changes to the Health Services and these terms. We may change the Health Services and/or these terms:

1. to reflect changes in relevant laws and regulatory requirements,
2. to implement minor technical adjustments and improvements, for example to address a security threat;
3. to change a product that we are providing as part of the Health Service (for example, if there are availability issues with a product to be used as part the Health Service and our Colleague considers that there is a suitable alternative for you, and in this case we strive to notify you of the change before your appointment); and/or
4. to change the Pharmacy your appointment is booked at (to a Pharmacy not significantly more difficult for you to attend).

These changes will not materially affect your use of the Health Services.

4.2 More significant changes to the Health Services and these terms. In addition, we may be required to make changes to the Health Services that materially affect your use of the Health Services, for example if the required dosage of a medication that is to be provided as part of the Health Service changes before your appointment. If we do so we will notify you and:

1. you may then contact us to end the contract and you will receive a refund for any Health Services that you have paid for but not yet received; or
2. we, acting reasonably, might consider it appropriate to cancel your appointment, in which case you will receive a refund for any Health Services that you have paid for but not yet received.

5.1 Booking Process. The Health Services may be booked using our online booking website, by booking in person at one of our Pharmacies (either for a future date and time or, if available in that Pharmacy, on a walk-in basis) or, in relation to an NHS, by booking using the applicable NHS online system. Bookings should only be made by or with the permission of the person intending to receive the Health Services, or, in the case of children under the age of 18, by their parent or legal guardian.

5.2 Pricing and payment. All prices for the Health Services quoted are inclusive of VAT (where applicable). All Health Services must be paid for in full at the point of booking.

5.3 Changes to our prices. We reserve the right to change our charges from time to time. The price you pay for a Health Service is the price quoted to you at the point you place your order, unless we contact you to tell you that we mispriced the Health Service (see paragraph 3.2 above).

5.4 Restrictions. The Health Services may be subject to restrictions on who is suitable to receive them. The Colleague will determine suitability for receiving the Health Services and the Colleague’s decision is final and binding.

5.5 Cancellation/rescheduling by us. We will try wherever possible to keep to booked appointments. If we need to rearrange a booking, we will provide you with as much notice as possible. Should you wish to cancel the revised booking we shall issue you with a full refund of any sums paid by you in respect of Health Services that have not been provided.

5.6 We can suspend the supply of Health Services. We may do this:

1. because of an emergency closure of the pharmacy (for example, colleague illness);
2. to update our services to reflect changes in relevant laws and regulatory requirements; or
3. to make changes to the Health Service (see Section 4 ‘Our right to make changes’, above).

If we have to suspend the Health Service, we will try to signpost you to another Well Pharmacy or rearrange your appointment. If you do not want, or if it is not possible, to receive the Health Service at another Well Pharmacy or rearrange your appointment, we will provide you with a refund where you have paid for the Health Service but not received it.

5.7 We are not responsible for delays outside our control. We are not liable if our performance of the Health Services or other obligations under the contract are affected or prevented by an event outside our control. In the event of a delay or prevention of our performance of the Health Services or contract we will contact you as soon as possible to let you know, and will take steps to minimise the effect of the delay. If the delay is likely to be substantial you can contact our Customer Team: 0333 010 2222 or hello@well.co.uk to end the contract and receive a refund for any services you have paid for in advance, but not received, less reasonable costs we have already incurred.

5.8 Your obligation to provide information. You are responsible for providing us with such reasonable information as we require in order to provide the Health Services to you and ensuring that all information you provide is accurate in all respects. This includes truthfully answering all questions on any questionnaires that you are asked to complete in advance of provision of, and/or at your appointment for, the Health Services. We will not be liable for any delay or default in performance of the Health Services or this contract or any losses that you suffer arising from a failure to comply with this obligation.

5.9 We can end our contract with you. We can end our contract with you for a service and claim any compensation due to us if:

• you don’t make any payment to us when it’s due; or
• you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Health Service.

5.10 If you are entitled to a refund for any reason please allow up to 10 working days to receive the amount owed to you at the payment method you used when you placed your order.

6.1 How to tell us about problems. If you have any questions or complaints about the Health Services, please contact us. You can contact by telephoning our Customer Team at 0333 010 2222 or hello@well.co.uk or by writing to us at Customer Team, Well Pharmacy, Merchants Warehouse Castle Street, Castlefield, Manchester M3 4LZ. Alternatively, please speak to one of our colleagues in-store at the Pharmacy.

6.2 Summary of your legal rights. See below for a summary of your key legal rights in relation to the Health Services. These are subject to certain exceptions. Nothing in these terms will affect your legal rights.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizen's Advice website or call 03454 04 05 06.

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 get some money back if we can't fix it.
• if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
• if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

7.1 Unless any part of these terms say differently, 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. 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 booking or consultation process.

7.2 We don't compensate you for all losses caused by us or our services. As we are only responsible for foreseeable losses and damage caused by us (see paragraph 7.1 above), we don’t compensate for loss if it is:

• Unexpected.This means it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section above at paragraph 5.7 titled ‘We are not responsible for delays outside our control’.
• Avoidable. This means that there was something you could have avoided by taking reasonable action, including following our reasonable instructions.
• A business loss. It relates to your use of a product or service for the purposes of your trade, business, craft or profession.

7.2 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 Health Services as summarised at paragraph 6.2 (above).

8.1 How we will use your personal information. We will use the personal information you provide to us to:

1. assess your suitability for the Health Services;
2. provide the Health Services;
3. process your payment for the Health Services;
4. keep such clinical records as we are required to by law; and/or
5. if you agreed to this during the order process, to inform you about similar products and/or services that we provide, but you may stop receiving these communications at any time by contacting us.

For more information, please see our Privacy Policy.

8.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

9.1 Our complaints policy. Our Customer Team, who can be contacted at 0333 010 2222or hello@well.co.uk will do their best to resolve any problems you have with us or our services as set out in our Complaints policy.

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

10.1 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.

10.2 We can transfer our contract with you, so that a different organisation is responsible for supplying the Health Services. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you can contact our Customer Team at 0333 010 2222 or hello@well.co.uk to end the contract within 7 days of us telling you about it and we will refund you any payments you've made in advance for Health Services not provided.

10.3 We may use other organisations to help us deliver the Health Services. We are entitled to subcontract our obligations in relation to the Contract. For example, at times we might choose to work with another company to analyse samples. We will contact you to let you know if we plan to do this. If you're unhappy with this or if you have questions should can contact our Customer Team at 0333 010 2222 or hello@well.co.uk and if you want to cancel the Health Services we will refund you any payments you've made in advance for Health Services not provided.

10.4 If a court finds part of this contract illegal, the rest will continue to apply. 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.

10.5 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 or prevent us taking steps against you at a later date.