Please read these Terms carefully before ordering any Products from our site. You
should understand that by ordering any of our Products, you agree to be bound by
You should print a copy of these Terms for future reference, however please note
paragraph 20 below which explains that we may change these Terms from time to time.
Please understand that if you refuse to accept these terms, you will not be able
to order any Products from our Site.
1. Information about us
Pearcare Pharmacy registered office at 86 Alexandra DriveSurbiton Surrey KT5 9AG We are regulated by the Royal Pharmaceutical Society of
2. Service Availability
Our Site is only intended for use by people in the United Kingdom. We do not accept
orders from people outside the United Kingdom. All orders must be completed in the
3. Your status
By placing an order through our Site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old; and
(c) You are accessing our site from the United Kingdom.
To register with Pearcare Pharmacy you must be over sixteen years of age. You must
ensure that the details provided by you on registration or at any time are correct
and complete. You must inform us immediately of any changes to the information that
you provide when updating your personal details. We are registered in compliance
with the Data Protection Act. By registering with thePearcare Pharmacy Prescription
Repeat service the customer is authorisingPearcare Pharmacy to forward repeat order
prescription prompts 10 days before the customer is due. In the case where the customer
is receiving several medicines which are not synchronised in reorder quantities,
the lowest re-order interval will be used. No repeat medication will be ordered
from the customer's GP until the customer has replied to the prompt email. This
will be taken as authorization to order on behalf of the customer.
5. How the contract is formed between you and us
After placing an order, you will receive an email from us acknowledging that we
have received your order. Please note that this does not mean that your order has
been accepted. Your order constitutes an offer to us to buy a Product or Products.
All orders are subject to acceptance by us, and we will confirm such acceptance
to you by sending you an email that confirms that the Product or Products (as the
case may be) has or have been dispatched (the Dispatch Confirmation). The contract
between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed
in the Dispatch Confirmation. We may choose not to accept your order, or any part
of it, for any reason and will not be liable to you or to anyone else in those circumstances.
We will not be obliged to supply any other Products which may have been part of
your order until the dispatch of such Products has been confirmed in a separate
Dispatch Confirmation. If the Products that you have offered to buy are not available
we will notify you of this by email. If we do not accept your order, or any part
of it, and/or we notify you that any Product that you have offered to buy is unavailable,
any cash refund that we make will be by a payment to the original payment card that
you used when you paid for that Product.
6. Our products
The sale of any Product by us does not mean that we consider it safe or suitable
for you and/or the person who you have bought it for. Before buying any of our Products
you must, where appropriate, check with a suitably qualified medical practitioner
or pharmacist that it is safe and suitable for you and/or for the person who you
have bought it for, and follow their advice on any appropriate dosage and/or other
limitation that they consider advisable in respect of the Product’s use. Before
using the Product, you must read and make sure that you understand any instructions
on its label and/or which may accompany it. Without prejudice to the warranty given
in paragraph 11.1 below, we give no warranty that any Product will be effective,
and/or appropriate or suitable, for you and/or the person who you have bought it
for, and, without prejudice to the general nature of the disclaimer in paragraph
11, we disclaim all liability arising as a result of any Product proving to be unsafe
or unsuitable for you and/or any person who you have bought it for and/or as a result
of any failure to follow any instructions on the label and/or accompanying the Product.
7. Consumer rights
If you are contacting as a consumer, save as set out in paragraph 7.3 below, you
may cancel a Contract in respect of either some, or all, of the Products that that
Contract relates to, at any time within seven working days, beginning on the day
after you receive the Products by telephoning us as referred to in paragraph 7.1.
In this case, you can either request a full refund of the price paid for the relevant
Products, or you can request that the relevant Products be exchanged, in accordance
with our refunds and exchanges policy set out in paragraph 11 below. If you cancel
a Contract in respect of some of the Products that it relates to, this will not
affect the Contract insofar as it relates to any Products that have not been cancelled.
If you want to cancel a Contract in respect of any Product you must tell us by telephoning
us on: 020 8858 1953, telling us whether you want a refund, or whether you want
to exchange the Product in accordance with paragraph 11.2 below. After we have spoken
to you, we will email to you a return authorisation in respect of the relevant Product
(Return Authorisation), explaining how you should return the Product to us. When
you return a Product to us, you must return the Return Authorisation with it.
Any Product must be returned to us unused (except to the extent that was reasonably
necessary for you to examine it) in its original packaging and condition, however
in the case of any Product bearing a product seal, you must leave that seal intact).
Products must be returned at your own cost (save where referred to below) and risk.
Until such time as Products are returned, you must retain possession and take reasonable
care of them. You must not return any Product without obtaining a Return Authorisation
from us and sending it to us with the Product.
You will not have any right to cancel a Contract in respect of Products which are
perishable, such as food items, or which are intended for internal consumption,
or if there are any health or safety issues relating to the Products such as in
the case of medicines or sanitary Products, unless the Products are damaged or faulty
when delivered to you or have been incorrectly delivered.
Our cancellation rights in these Terms will be confirmed in the Dispatch Confirmation.
These cancellation rights do not affect your statutory rights.
8. Availability and delivery
Subject to due payment for the Products as set out in paragraph 10.6 below, our
order will be fulfilled by the delivery date set out in the Dispatch Confirmation
or, if no delivery date is specified, then within 30 days of the date of the Dispatch
Confirmation, unless there are exceptional circumstances.
9. Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of
all sums due in respect of the Products, including delivery charges.
10. Price and payment
The price of any Products will be as quoted on our Site from time to time, except
in cases of obvious error.Pearcare Pharmacy will charge VAT on all sales, as required,
and/or at the rate required, bylaw.
All prices quoted exclude delivery costs, which will be added to the total amount
due as set out in our Delivery Guide which is accessible from the store menu.
Prices are liable to change at any time, but changes will not affect orders in respect
of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite
our best efforts, some of the Products listed on our site may be incorrectly priced.
We will normally verify prices as part of our dispatch procedures so that, where
a Product's correct price is less than our stated price, we will charge the lower
amount when dispatching the Product to you. If a Product’s correct price is higher
than the price stated on our site, we will normally, at our discretion, either contact
you for instructions before dispatching the Product, or reject your order and notify
you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower)
price, even after we have sent you a Dispatch Confirmation, if the pricing error
is obvious and unmistakable and could have reasonably been recognized by you as
Payment for all Products must be by credit or debit card. We accept payment with
the following cards: Maestro, Delta, Visa and MasterCard. We will charge your credit
or debit card at the time that you place your order, but will not be obliged under
any circumstances to send you a Dispatch Confirmation and/or accept or despatch
your order, if there is a problem with the authorisation of the full payment on
your credit or debit card.
11. Our refunds and exchanges policy
When you return a Product to us (for instance, because you have cancelled the Contract
between us in respect of that Product in accordance with paragraph 6.1, or have
notified us in accordance with paragraph 19 that you do not agree to any change
in these Terms or in any of our policies, or because you claim that the Product
is defective), we will examine the returned Product and notify you of your refund,
or (where you have said that you want to exchange the Product) confirm that we will
exchange the Product, via email within a reasonable period of time. In the case
of a cash refund, we will refund any money received from you by making a payment
to the original payment card that you used when you paid for the relevant Product.
We will usually process the refund or exchange as soon as possible and, in any case,
within 30 days of the day we received your cancellation or the day we email the
Return Authorisation to you. Please note, however, that you will not under any circumstances
be entitled to any refund or exchange from us until we have actually received the
Product to be refunded or exchanged, from you. When you return a Product, please
remember to return the Return Authorisation with it. Failure to return the Return
Authorisation may delay the processing of the return or exchange, as the case may
As an alternative to requesting a refund, you can request that the returned Product
be exchanged for exactly the same type of Product. We cannot exchange a Product
for a different type of Product. If you want a different Product you must request
a refund for the relevant Product, and order the new Product separately.
If a Product is returned by you because it is defective, and you have requested
a refund, we will refund the full price that you paid for the Product (including
the delivery charges for sending it to you), and we will also refund the cost incurred
by you in returning the Product to us.
If a Product is returned by you within the seven-day cooling-off period referred
to in paragraph 7.1 above, and you have requested a refund, we will refund the full
price that you paid for the Product (including the delivery charges for sending
it to you), however we will not refund the cost incurred by you in returning the
Product to us.
12. Our liability
We warrant to you that any Product purchased from us through our Site is of satisfactory
quality. Our liability in connection with any Product purchased through our Site
is strictly limited to the purchase price of that Product.
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to
exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss
of profits or contracts, loss of anticipated savings, loss of data, waste of management
or office time or for any indirect or consequential loss or damage of any kind however
arising and whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.
13. Written communication
Applicable laws require that some of the information or communications we send to
you should be in writing. When using our Site, you accept that communication with
us will be mainly electronic. We will contact you by email or provide you with information
by posting notices on our Site. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices, information
and other communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not affect
your statutory rights.
All notices given by you to us must be given toPearcare Pharmacy at email@example.com.
Any notices to us must be in the English Language. We may give notice to you at
either the e-mail or postal address you provide to us when placing an order, or
in any of the ways specified in paragraph 13. Notice will be deemed received and
properly served immediately when posted on our site, 24 hours after an email is
sent, or three days after the date of posting of any letter. In proving the service
of any notice, it will be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the post and, in the case of
an email, that such email was sent to the specified email address of the addressee.
15. Transfer of rights obligations
The contract between you and us is binding on you and us and on our respective successors
You may not transfer, assign, charge or otherwise dispose of a Contract, or any
of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract,
or any of our rights or obligations arising under it, at any time during the term
of the Contract.
16. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under a Contract that is caused by events outside our
reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes in particular (without limitation) the
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack,
war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport
or other means of public or private transport. (e) Impossibility of the use of public
or private telecommunications networks. (f) The acts, decrees, legislation, regulations
or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that
the Force Majeure Event continues, and we will have an extension of time for performance
for the duration of that period. We will use our reasonable endeavours to bring
the Force Majeure Event to a close or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance
of any of your obligations under the Contract or any of these terms and conditions,
or if we fail to exercise any of the rights or remedies to which we are entitled
under the Contract, this shall not constitute a waiver of such rights or remedies
and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it
is expressly stated to be a waiver and is communicated to you in writing in accordance
with paragraph 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined
by any competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the remaining
terms, conditions and provisions which will continue to be valid to the fullest
extent permitted by law.
These Terms and any document expressly referred to in them represent the entire
agreement between us in relation to the subject matter of any Contract and supersede
any prior agreement, understanding or arrangement between us, whether oral or in
We each acknowledge that, in entering into a Contract, neither of us has relied
on any representation, undertaking or promise given by the other or be implied from
anything said or written in negotiations between us prior to such Contract except
as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the
other, whether orally or in writing, prior to the date of any Contract (unless such
untrue statement was made fraudulently) and the other party’s only remedy shall
be for breach of contract as provided in these terms and conditions.
19. Entire agreement
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our right to vary these terms and conditions
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies and Terms in force at the time that you order
Products from us, unless any change to those policies or these Terms is required
to be made by law or governmental authority (in which case it will apply to orders
previously placed by you), or if we notify you of the change to those policies or
these Terms before we send you the Dispatch Confirmation (in which case we have
the right to assume that you have accepted the change to the Terms, unless you notify
us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
Contracts for the purchase of Products through our Site will be governed by English
law. Any dispute arising from, or related to, such Contracts shall be subject to
the exclusive jurisdiction of the courts of England and Wales although we retain
the right to bring proceedings against you for breach of these Terms in any other