T&C - Sale
AGENTHEALTH.CO.UK
TERMS AND CONDITIONS OF SALE
Updated 24 February 2023
The
following Terms of Conditions of Sale contain important information, please
read them carefully before purchasing from AgentHealth.co.uk;
These
Terms and Conditions of Sale (“Terms and Conditions”) set out the basis
on which we provide products or services to you via AgentHealth.co.uk (“our
Site”).
By
continuing to use our site and/or obtaining any products or services from our
site, you are confirming that you accept these Terms and Conditions and agree
to comply with them. If you do not accept these Terms and Conditions, you must
not use or site or obtain any services for our site.
We may
also update and change our site from time to time to reflect changes to our
products, our users' needs and our business priorities.
Information
about us and how to contact us
Through our site, we provide a platform to enable you to create an
account, submit product order requests, access online consultations and
purchase prescription and non-prescription products. Our site is directed to
people residing in the United Kingdom (UK). Our site,
its content and any products or services provided in relation to the same is
only targeted to, and intended for use by, individuals located in the UK. By
continuing to access, view or make use of this site and any related content and
services, you warrant and represent to us that you are located in the UK. If
you are not located in the UK, you must immediately discontinue use of this
site, and any related content and services.
AgentHealth.co.uk
(“our site”) is a site operated by ClickPharm Ltd ("We/Us").
We are registered in England and Wales under company number 13053489 and have our
registered office at 63-66, Hatton
Garden, London, EC1N 8LE, UK. Our main trading address is Ground Floor
5, Building 11, Thames Industrial Park, Princess Margaret Road, East Tilbury,
Essex, RM18 8RH, UK.
Our
pharmacy premises are not open to the public to visit in-person. All our
services are provided online, by phone, or by post. Our clinicians are
available Monday - Friday, 9am - 5.30pm. Our website is accessible 24/7. To
contact us, please email Clickpharmltd@gmail.com
If you
urgently need medical help or advice, but it’s not a life-threatening
situation, contact NHS 111, by calling 111. Information can also be accessed
at www.nhs.uk.
Our
Pharmacy is registered with The General Pharmaceutical Council (GPHC), GPHC
registration number 9011992 and regulated by the Medicine and Healthcare
Regulation Agency (MHRA). Our Superintendent Pharmacist is Anthony Olayiwola,
GPHC registration number 2217450.
If we
contact you, we will do so by telephone or by writing to you at the email
address or postal address you provided to us within your order. You must keep
your contact details up-to-date on your account to enable us to contact you if
necessary.
Ordering
and Consultations
To use our site and services and create an account with us, you must be
over eighteen (18) years of age and reside in the UK.
Once you
have created an account you will be able to submit your order request. To purchase
prescription products, you be required to complete a medical questionnaire to enable
us to establish specific information about you and your condition. Our
questionnaires are curated by clinical professionals following best industry
practice and are designed to gather all necessary information relevant to your individual
circumstances to help our Clinician to understand your symptoms, condition and
anything else that will assist us to determine whether a treatment is suitable
for you; similar to being seen by a practitioner for a consultation. The
Clinician will rely on the information provided in your questionnaire so you
must ensure all information
provided by you in the questionnaire or elsewhere is correct and true, to the
best of your knowledge. If you have trouble understanding the questionnaire or
any questions asked by us, please make us aware of this. Do not complete and
submit the questionnaire until you are clear on the meaning of each question.
If
required, the Clinician will arrange an online consultation to ensure that
issuing a prescription is appropriate. All consultations are conducted by
GPHC-accredited independent practitioners who are qualified to prescribe
prescription-only medications and any prescription
will be issued at their sole discretion. If they do not issue a prescription,
you will not be able to purchase the prescription product on our site and any
payment made, less any charged consultation fee, will be refunded to you.
If you do not allow us to perform a consultation as arranged (and you do
not have good reason for this) we may charge you additional costs incurred as a
result.
For prescription products, your questionnaire
will be reviewed by us. Once accepted, we will email you to confirm our
acceptance of your order, at which point a binding contract between you and us
will be created.
For
non-prescription products, a binding contract between you and us is created
when you receive an order confirmation from us.
For
information on returning products to us, please see our Returns Policy.
You also agree that:
You will not
use our products or services for any unlawful purpose.
You must
use our site and any products and services purchased from our site for your
personal and non-commercial use only.
You are
responsible for carefully reading the Patient Information Leaflet (PIL) for any
medications you purchase and taking the medication in accordance with those
instructions.
You will inform
your GP about medication you have purchased from our site, and any side-effects
you might experience from taking the medication.
You will keep
your login details confidential and not to share them with anyone else.
We may suspend or terminate access to our site at any time without
notice if we have reasonable grounds to believe that you have breached any of
the above obligations.
Our
Products
Products and
product packaging may vary slightly from that shown in imagery on our site and
are for illustrative purposes only.
Where you are purchasing prescription medicines, the following additional terms apply in respect of those products;
ClickPharm Ltd (the “Pharmacy”)
dispenses these products to you.
The Pharmacy is a registered pharmacy,
regulated by The General Pharmaceutical Council (GPHC), GPHC registration
number 9011992 and the Medicine and Healthcare Regulation Agency (MHRA).
Compounded
Medicines
Compounding
is the process of combining or altering two or more active pharmaceutical
ingredients to create special compounded medication specifically tailored to you,
based on a prescription best suited to treat your condition. As this medication
is made bespoke for you, it is considered an unlicensed medication. However, doctors
may recommend unlicensed medications if they think it will treat your condition
effectively and this process is permitted by the Medicine and Healthcare
Regulation Agency (MHRA). Our compounded medicines are manufactured and
dispensed at our pharmacy in Tilbury.
Availability
All orders for products are subject to the availability of those products.
We will inform you as soon as possible after placing an order if, for any
reason, the products you have ordered are not available or are subject to any
delay.
If we have already processed your payment, we will refund you the full
amount as soon as possible.
Payments
All
payments on our site are in Pounds Sterling and inclusive of VAT (if
applicable) and any other taxes payable in the UK. The fee for the product and
consultation will be the price displayed on the page where you finalise and
confirm your order. We take all reasonable steps to ensure that prices
displayed are correct.
You can complete
your payment using a credit or debit card as accepted on our site. All
payments are subject to the approval of the financial institution issuing your
credit/debit card and credit verification. We will not be responsible if your
payment fails credit verification or if the financial institution refuses to
accept or honour the payment for any reason. Please note that it can take 2 to
3 days (excluding weekends and bank holidays) to process your payment. We will
tell you if we incur any issues obtaining approval for the payment. This may
cause a delay in delivering any consultation and/or dispatching the purchased product/s.
We may also report
any suspicious transactions to the relevant authorities.
Delivery
Current
delivery costs are displayed on our site.
Further to
our acceptance and processing of your order, our clinician will dispense the
medication and dispatch this in discreet packaging via Royal Mail in accordance
with our Terms and Conditions, to your nominated delivery address as specified
on your order. You will ensure it is safe
for deliveries to be placed through the letterbox of your delivery address,
especially in regard to safeguarding children or pets.
If you are not home to take delivery and the products cannot be posted
through your letterbox, Royal Mail will leave you a note with information on
how to rearrange delivery or collect the products from a local depot. If you do
not re-arrange delivery or collect the products they may be returned to us. We
will contact you for further instructions but reserve the right to charge you
for storage and any further delivery costs. If we are unable to rearrange
delivery or collection, we may terminate our contract with you, and will refund
you but may deduct a reasonable fee for costs incurred as a result.
We will
contact you if we need anything further before we are able to ship your product
to you.
We are not
responsible for delays outside of our control. However, if our supply of the
products is delayed by an event outside our control, we will inform you of this
and take steps to minimise the effect of the delay. In such event, we will not
be liable for any delays but if there is a risk of substantial delay (more than
one month), you may contact us to discuss options as to ending the contract and
receiving a refund for products purchased but mot received.
Returns Policy
If you are unhappy with your Products, you may be able to return them in accordance with the following:
Non-Prescription Products: you have a
legal right to cancel the contract between you and us for Non-Prescription products
within 14 days of delivery without giving a reason. To cancel the contract,
please email us within 14 days of delivery, providing your name, address and
details of the order you wish to cancel. If you cancel your contract, you must return
to us the Non-Prescription product/s within 14 days of notifying us that you
wish to cancel the contract. You are responsible for the costs of returning the
Product/s back to us at the address provided by us at the point of
acknowledgment of your cancellation. Once we have received the product, we will
process your refund without reasonable delay.
- Prescription Products: For
health and safety reasons, we are unable to accept returns of Prescription
products.
- Faulty or defective Products: If the
product is found to be defective or faulty or not as described, we will
pay for your return postage.
Any refunds will be processed to the original payment method used to pay
for the products.
Changes
If you wish to
make a change to your order please contact us. 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, timing or anything else necessary as a result.
We may change products to reflect developments in relevant laws and
regulatory requirements, for example if it’s necessary for us to tweak the
composition of our products to comply with changes in the law, or in the
interests of best practice and promoting good health; and to implement minor
technical adjustments and improvements, for example to address product safety
issues, such as by tweaking the shape or configuration of products or materials
used. These changes will not have a material effect on your use of the product.
Your Information
We take your privacy very seriously. Please see our Privacy Policy for
further information about how we process and protect your personal information.
Liability
We are only liable to you for losses which you
suffer as a direct result of our breach of these Terms and Conditions and
which are reasonably foreseeable. Loss or damage is foreseeable if either it is
obvious that it will happen or if, at the time you accepted the Terms and
Conditions, both we and you knew it might happen. The maximum loss or damage we
will be responsible for under these Terms and Conditions is limited to the
price you have paid us for the product to which the loss or damage you suffer
relates; however, we do not in any way exclude or limit our liability where it
would be unlawful for us to do so, including for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any breach of terms implied by law (such as those relating title
and quiet possession, description, satisfactory quality, fitness for
purpose and samples and defective products) except to the extent such
terms can be excluded under applicable law.
Our Clinicians are responsible for reviewing your
treatments and issuing prescriptions for you, and are responsible for any
diagnoses that they make and for prescriptions that they issue.
Disclaimers
Other than as set out in these Terms and
Conditions, the site, products and services provided through the site are
provided on an “as is” and “as available” basis.
We make no representations or warranties of any
kind, express or implied, as to the operation of the website, products and
services, or any information, content, materials, or products included in or referenced
on the website. To the maximum extent permitted by law, we disclaim all
warranties and conditions, express or implied, in respect of the website,
products and services contemplated by these terms and conditions, including,
without limitation, implied warranties and conditions of merchantability and
fitness for a particular purpose.
We endeavour to ensure that the information
accessed through our site and services is accurate and up to date but cannot
guarantee that this will always be the case.
The information and content on our site is not
medical advice and is not intended to be a substitute for medical advice,
diagnosis or treatment.
We will not be liable to you for any loss or damage
which may arise from the use of any of the information or content on the
Website.
Our site facilitates a consultation between you and
a registered healthcare professional for the purpose of diagnosing and treating
your condition. It does not replace the need to visit your GP on a regular
basis.
General
These Terms and Conditions and all communications
between you and us will be in English. No other languages will apply to these
Terms and Conditions.
You may not transfer any of your rights under these
Terms and Conditions to any other person.
We may transfer any of our rights under these Terms
and Conditions to any person or ask any person to fulfil any aspect of these
Terms and Conditions so long as the performance of these Terms and Conditions
is not affected.
Only you and we have any rights under these Terms
and Conditions. No other person shall have any rights under these Terms and
Conditions.
Each of the paragraphs of these Terms and
Conditions 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.
Even if we delay in enforcing these Terms and
Conditions, we can still enforce them later. For example, if you miss a payment
and we do not chase you but we continue to provide the Services, we can still
require you to make the payment at a later date.
Disputes
If you are a
consumer, please note that these terms of use, their subject matter and their
formation, are governed by English law. You and we both agree that the courts
of England and Wales will have exclusive jurisdiction except that if you are a
resident of Northern Ireland or Scotland, you may also bring proceedings in
Northern Ireland or Scotland respectively.
Alternative
dispute resolution is a process where an independent body considers the facts
of a dispute and seeks to resolve it, without the need to go to court. If you
are not happy with how we have handled any complaint, disputes may be resolved
via the European Commission’s Online Dispute Resolution Centre.