Terms of Sale

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us to consumers through this website, www.fleetstreetclinic.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Products from Our Site.  You will be required to read and accept these Terms of Sale when ordering Products. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Products through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

  • Definitions and Interpretation
      1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Business Days”“Contract” Monday to Friday, and Bank Holidays and the period between the 24th December and 2nd January;means a contract for the purchase and sale of Products, as explained in Clause 9;
“Products” means the Products sold by Us through Our Site;
“Order” means your order for Products;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means 29 Fleet Street Limited, a company registered in England under 07343392 , whose registered address is 29 Fleet Street Clinic, London, EC4Y 1AA and whose main trading address is 29 Fleet Street Clinic, London, EC4Y 1AA

 

  • Information About Us
    1. Our Site http://fleetstreetclinic.com  is owned and operated by 29 Fleet Street Limited, a limited company registered in England under 07343392 whose registered address is 29 Fleet Street, London, EC4Y 1AA and whose main trading address is 29 Fleet Street, London, EC4Y 1AA
        1. We are regulated by The Care Quality Commission (CQC); and are SEQOHS accredited.
        2. We are a registered Pharmacy with GPhC Registeration No: 9010697
  • Access to and Use of Our Site
        1. Access to Our Site is free of charge.
        2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
        3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
        4. Use of Our Site is subject to our Website Terms of Use http://fleetstreetclinic.com/patients/terms-of-use/ Please ensure that you have read them carefully and that you understand them.
  • Age Restrictions
    1. Consumers may only purchase Products through Our Site (which include the purchase of medicines) if they are at least 18 years of age or over.
  • Health Restrictions
    1. Prior to purchasing medicines, a health questionnaire must be completed and submitted as part of the ordering process.
  • Business Customers & Commercial Use

6.1 These Terms of Sale do not apply to customers purchasing Products in the course of business.  For business, bespoke or large orders If you are a business customer please contact us shop@fleetstreetclinic.com

6.2 We supply Products for your domestic and private use. You agree not to use products for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use such Products otherwise than in accordance with these terms.

  • International Customers

Please note that We only sell to customers in the UK.  We do not accept orders from, or deliver to, customers outside the UK.

  • Products, Pricing and Availability
        1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from Us correspond to the actual Products.  Please note, however, the following:
            1. Images of Products are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
            2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary
        2. Please note that sub-Clause 8.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether.  Please refer to Clause 12 if you receive incorrect Products (i.e. Products that are not as described).
        3. Where appropriate, you may be required to select the required size, model, colour, number of the Products that you are purchasing.
        4. We cannot guarantee that Products will always be available. If the Products are unavailable for your order for more than 2 business days, we will e-mail you. If Products are unobtainable we will notify you.
        5. Minor changes may, from time to time, be made to certain Products between your Order being placed and Us processing that Order and dispatching the Products, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Products and will not normally affect your use of those Products. However, if any change is made that would affect your use of the Products, suitable information will be provided to you.
        6. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is routinely reviewed and updated annually. Changes in price will not affect any order that you have already placed (please note sub-Clause 8.9 regarding VAT, however).
        7. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 2 business days, We will treat your Order as cancelled and notify you of this in writing.
        8. In the event that the price of Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
        9. All prices on Our Site include VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
        10. Delivery charges are not included in the price of Products displayed on Our Site. Standard delivery charges will be presented to you as part of the order process.
  • Orders – How Contracts Are Formed
        1. Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
        2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
        3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
        4. A health questionnaire must be completed and submitted as part of the ordering process, AND approved by Us before the sale of any medicines
        5. Order Confirmations shall contain the following information:
            1. Your Order Number;
            2. Confirmation of the Products ordered including full details of the main characteristics of those Products;
            3. Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges;
            4. Estimated delivery date(s);
        6. We will also include a paper copy of the Order Confirmation with your Products.
        7. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days
        8. Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Products.
  • Payment

 

        1. Payment for Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  All items remain the property Fleet Street Clinic until final payment of all sums owing.
        2. We accept the following methods of payment on Our Site:
            1. debit or credit card;

 

  • Delivery, Risk and Ownership
        1. All Products purchased through Our Site will normally be delivered within 3 to 5 business days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
        2. cannot be held responsible for any non-delivery caused by courier or postal services
        3. In the unlikely event that We fail to deliver the Products within 3 to 5 business days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 11.1), if any of the following apply you may treat the Contract as being at an end immediately:
            1. We have refused to deliver your Products; or
            2. In light of all relevant circumstances, delivery within that time period was essential; or
            3. You told Us when ordering the Products that delivery within that time period was essential.
        4. If you do not wish to cancel under sub-Clause 11.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.
        5. You may cancel all or part of your Order under sub-Clauses 11.3 or 11.4 provided that separating the Products in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Products and their delivery will be refunded to you within 14 days. Please note that if any cancelled Products are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Products.
        6. Delivery shall be deemed complete and the responsibility for the Products will pass to you once We have delivered the Products to the address you have provided.
        7. Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
        8. Any refunds due under this Clause 11 will be made using the same payment method that you used when ordering the Products.
  • Faulty, Damaged or Incorrect Products
        1. Any products containing pharmacy items/medicines are non-returnable, as these have been dispensed for your personal use.
        2. By law, We must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Products, please contact Us at shop@fleetstreetclinic.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:
            1. Beginning on the day that you receive the Products (and ownership of them) you have a 14 days right to reject the Products and to receive a full refund if they do not conform as stated above.
            2. If you do not wish to reject the Products, you may request a replacement.  We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you.  In circumstances where a replacement is impossible, We may instead offer you the a a full refund.
            3. If, after replacement, the Products still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Products at a reduced price, or to reject them in exchange for a refund.
        3. Please note that you will not be eligible to claim under this Clause 12 if We informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Products to Us under this Clause 12 merely because you have changed your mind, as our medical products are prescribed to you personally.
        4. To return Products to Us for any reason under this Clause 12, please contact us at shop@fleetstreetclinic.com. We will be fully responsible for the costs of returning Products via standard postage under this Clause 12 and will reimburse you where appropriate.
        5. Refunds under this Clause 12 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
        6. Any and all refunds issued under this Clause 12 will include all delivery costs paid by you when the Products were originally purchased.
        7. Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Products.
        8. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  • Our Liability to Consumers

 

        1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
        2. We only supply Products for domestic and private use by consumers.  We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
        3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
        4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  • Events Outside of Our Control (Force Majeure)

 

        1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
        2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
            1. We will inform you as soon as is reasonably possible;
            2. We will take all reasonable steps to minimise the delay;
            3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
            4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
            5. If the event outside of Our control continues for more than 5 business days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days  of the date on which the Contract is cancelled;
            6. If an event outside of Our control continues for more than 5 days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience please send an email to shop@fleetstreetclinic.com In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
  • Communication and Contact Details
    1. If you wish to contact Us with general questions or complaints, you may contact Us by email at shop@fleetstreetclinic.com  
  • Complaints and Feedback
        1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
        2. All complaints are handled in accordance with Our complaints handling policy           and procedure, available from www.fleetstreetclinic.com/contact-us/complaint-policy-procedure/
  • How We Use Your Personal Information (Data Protection)
        1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
        2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice & Cookie Policy  www.fleetstreetclinic.com/privacy-cookies/
  • Other Important Terms
        1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
        2. You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.  We may not permit the assignment if you have purchased medications.
        3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
        4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
        5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
        6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Products you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.
  • Law and Jurisdiction

 

      1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
      3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
  1. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales

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