Terms of Sale
This page (together with the documents referred to on it) sets out the terms and conditions upon which the products (Products) listed on our website www.drugsdirect.com (the "Site") will be supplied to you. Please read these terms and conditions carefully before ordering any Products from our Site. By ordering any of our Products, you agree to be bound by these terms and conditions and all notices contained on this Site.
Please review these terms and conditions in full prior to accepting.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. If you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
You should print a copy of these terms and conditions for future reference.
This Site enables us to dispense any of the following: Prescription Only Medicines (POM's) and/or Pharmacy medicines (P's) and/or Over the Counter (OTC) medicines to private individuals.
We must receive full payment of your Annual Dispensing Fee before any orders to dispense Prescription Only Medicines to you at Trade prices can be accepted. You must accept our terms & conditions and insert your personal and payment details into the application form before you can submit your order.
Please note that by reason of The Medicines for Human Use (Prescribing by EEA Practitioners) Regulations 2008 and The Prescription Only Medicines (Human Use) Order 1997, we are only able to provide a limited prescription drug service for the Approved Members of the EEA and Switzerland.
1. Information about us
This Site and our on-line pharmacy service is operated by DrugsDirect Limited a company incorporated in England and Wales (CRN: 03744459) whose registered office is at Unit 4, 12 Emery Road, Brislington, Bristol, BS4 5PF. If you have any queries about this Site or the services or products we provide please contact us using one of the following methods:
Telephone: 0844 247 0 365
Fax: 0844 247 7 247
Mail: DrugsDirect Ltd, Unit 4, 12 Emery Road, Brislington, Bristol. BS4 5PF.
All orders placed via this Site will be fulfilled by us or by our authorised third parties.
2. Professional Standards
Our pharmacy is run by qualified pharmacists registered with the General Pharmaceutical Council of Great Britain ("GPhC") and operating from registered pharmacy premises (Registered Premises Number: 1103604) at: DrugsDirect Ltd, Unit 4, 12 Emery Road, Brislington, Bristol. BS4 5PF.
The Superintendent Pharmacist for DrugsDirect Limited is Mr Ian Findlay (Registered No. 2028587).
All pharmacists are bound by codes of professional ethics and conduct. We are compliant with the GPhC's Professional Standard Guidance for Internet Pharmacy Services. You can access these professional conduct rules by visiting http://www.pharmacyregulation.org/.
Contact details for the Royal Pharmaceutical Society of Great Britain are also available at www.rpsgb.org
4. Service availability
This Site is only intended for use by customers resident within the United Kingdom and Approved Members of the EEA and Switzerland. If you are resident outside these countries we may not be able to supply you.
5. Products available for Order
You may purchase any of the following Products on our Site:
- Prescription Only Medicines ("POM"). POM orders are only accepted by us once your prescription has been reviewed and authorised by our dispensing pharmacist;
- Pharmacy medicines ("P"). P orders are only accepted by us once your request has been reviewed and authorised by our dispensing pharmacist, who may wish to speak directly to you;
- Over The Counter medicines ("OTC").
6. Your status
By placing an order for the Products through our Site or applying for registration as an Account Holder you warrant to us that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old or where you are placing the order on behalf of a person who is not yet 18 that you have their permission to do so;
- you are resident in any of: the United Kingdom, an Approved Member of the EEA or Switzerland;
- you are accessing our Site from within the United Kingdom, an Approved Member of the EEA or Switzerland;
- where you are a consumer, the Products being ordered are for your own personal use and no-one else's and will not be used in an unlawful or prohibited manner under relevant laws and regulations; and
- where you are ordering POM's, you hold a valid prescription as prescribed by a registered medical practitioner or a registered dental surgeon or a registered veterinary surgeon or a registered nurse practitioner/prescriber in the UK or an Approved Member of the EEA or Switzerland and which was granted within the last 6 months.
7. Use of our Site
- 7.1 You may use our Site to purchase Products which will be supplied in accordance with these standard terms and conditions of supply. However if you wish to purchase Prescription Only Medicines at Trade price you must be a private individual and must first be registered as an "Account Holder".
- 7.2 In order to use our Site to purchase OTC and Pharmacy Products (i.e. not POMs) you need not register as an Account Holder (unless you wish to do so). If you do not register as an account your details will need to be re-confirmed each time you place an order.
8. Registration as an Account Holder
- 8.1 If you wish to register as an Account Holder, you must be an individual consumer and not a business customer and must:
- 8.1.1 complete the online registration form [INSERT LINK];
- 8.1.2 provide true, accurate information which contains no omissions;
- 8.1.3 provide us with details of a valid credit or debit card in accordance with clause 13;
- 8.1.4 where you wish to purchase products from us at trade price you must pay us the Annual Dispensing Fee, (see clause 9);
- 8.2 You will also be required to create a username and a password. Your user name can be your e-mail address. You should keep your password safe and secure. You are solely responsible for any use or misuse of your registration with us. You must contact us immediately if you suspect unauthorised use of your registration with us.
- 8.3 If we suspect misuse of your registration with us we reserve the right to require you to select another password and/or suspend your account and your status as an Account Holder and interrupt access to our Site until further notice. 8.4 Where you have paid the Annual Dispensing Fee you will be entitled to:
- 8.4.1 Purchase POMs at Trade prices which represents a discount on the recommended retail prices for those products. All recommended retail prices are based on those quoted in the monthly price lists published by chemist&druggist.com;
- 8.4.2 a guest code for use by your friends and family to enable them to register as an Account Holder and benefit from an introductory offer of a half price Annual Dispensing Fee for the first twelve months;
- 8.4.3 access to our Site's forums; and
- 8.4.4 a credit voucher for use on our Site, if you introduce a new Account Holder to us who pays us the Annual Dispensing Fee. This credit will only be available for use by you once the new Account Holder has placed their first order.
- 8.5 The payment details provided by you will be stored by us whilst you remain a registered Account Holder.
- 8.6 You confirm that all information supplied by you is true and accurate.
9. Annual Dispensing Fee
- 9.1 Payment of the Annual Dispensing Fee entitles you to purchase POM's at Trade prices (as published by Chemists&Druggists).
- 9.2 The Annual Dispensing Fee is valid for one year from the date of payment.
- 9.3 The Annual Dispensing Fee is reviewed annually and is subject to adjustment. The relevant Annual Dispensing Fee will be that applicable at the date your payment is processed by us.
- 9.4 Payment of the Annual Dispensing Fee will be due on placing your first order for POM's, purchased at Trade prices, and will be deducted along with the cost of the Products.
- 9.5 For our current Annual Dispensing Fee please visit [INSERT LINK].
10. DrugsDirect Dispensing Card
- 10.1 Once you have paid the Annual Dispensing Fee we will issue you with a unique Dispensing Card. Every effort is made to ensure that your Dispensing Card, containing your name, unique reference number, issue date and expiry date is dispatched to you by first class post to your billing address within 10 working days of processing your payment.
- 10.2 It is your responsibility to check that the details on your Dispensing Card are accurate. We are only responsible for issuing the Dispensing Card in accordance with your request. Any errors should be notified immediately by email to: office@DrugsDirect.com or by ringing our customer services helpline. Please have your unique reference number ready.
- 10.3 The Dispensing Card must be used each time you place an order via our Site. If you lose your Dispensing Card you must notify us without delay and we will issue a replacement. An administrative fee may apply.
11. Cancellation of Dispensing Card
- 11.1 You may cancel your Dispensing Card within seven (7) working days after sending your application form to us. Any attempt to cancel after this time period may not be accepted and your Dispensing Card will remain valid for an initial term of twelve (12) months.
- 11.2 After the initial period of twelve months you may cancel your Dispensing Card by giving us notice of this at least seven (7) days before the end of the twelve (12) months in writing or by email. We will notify you by email before this date that renewal is due and advise you of any change in the Annual Dispensing Fee. If we do not receive any notice of cancellation from you, your registration will automatically renew for a further twelve (12) month period in accordance with clause 12.1.
- 11.3 Upon cancellation we will refund to you any Annual Dispensing Fee paid subject to any deductions we are entitled to make under clause 11.4.
- 11.4 On cancellation under clause 11.1 the price of any order you may have placed with us at the trade price will be re-calculated at the recommended retail price current at the date of placing the order and a private dispensing fee per item equal to the current NHS dispensing fee in England (currently £7.85 per item) will be added. The difference between the price you have actually paid and the recalculated price will be deducted from the Annual Dispensing Fee due to be refunded to you under clause 11.3. You will not be required to pay any further sum over and above the Annual Dispensing Fee where the difference exceeds this.
- 11.5 Upon cancellation of your Dispensing Card you will no longer be entitled to purchase POMs at Trade prices.
- 12.1 Subject to any cancellation under clause 11, your registration as an Account Holder will continue to be renewed on an annual basis. If you have a Dispensing Card you authorise us to deduct the current Annual Dispensing Fee from your authorised payment details on the expiry date of your Dispensing Card.
- 12.2 You are under no obligation to renew your registration as an Account Holder.
- 12.3 You are under no obligation to renew your Dispensing Card.
- 13.1 In order to purchase products from us or apply for a Dispensing Card you must provide us with details of a valid credit or debit card from which you authorise us to take agreed payments. All credit or debit card details you supply to us must be true and accurate. In providing these details you authorise us to charge to this card, the Annual Dispensing Fee, purchases and the delivery cost of Products and warrant that you have the legal authority to grant such authorisation.
- 13.2 You authorise us to run any credit checks or similar that we deem necessary and authorise us to send information to, or to obtain information from, third parties about you in order to, amongst other things, authenticate your identity, validate your credit or debit card, obtain an initial credit or debit card authorisation, enquire as to your credit-worthiness from credit rating agencies and authorise individual purchase transactions, so far as is necessary for those purposes.
- 13.3 We may request proof of your identity and your ability to authorise use of the credit or debit card provided to us. We may require you to fax, e-mail or post a copy of a signed purchase order with your credit or debit card details to us for any transaction. Where we are not satisfied as to your identity, or any other factor, we reserve the right to refuse to process an order from you.
- 13.4 Should the details you provide be inaccurate, or payment is declined from the card you have provided, you agree to pay all amounts owed to us. We reserve the right to take any necessary steps to collect these unpaid amounts, including using third party collection agencies. You agree to pay any fees and other charges and expenses we incur in collecting the sums you owe to us.
- 13.5 Should you experience a discrepancy or inaccuracy with charges made by us, you must notify us within ninety (90) days of it occurring. If you fail to do so, you waive any rights to dispute any discrepancy.
14. The order process
- 14.1 After placing an order for Products, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order is only an offer to us to buy a Product. All orders are subject to acceptance by us at our discretion and we reserve the right to refuse any order in our absolute discretion.
- 14.2 Acceptance of your order will only be deemed to have been made once we send you an e-mail confirming that the Product has been dispensed. Once the dispense confirmation has been issued a binding contract will be formed between you and us for the supply of the Products ordered by you incorporating these terms and conditions (the "Contract"). Once the Product has been dispatched we will issue you a dispatch confirmation by email.
- 14.3 Where you are ordering any POMs you must post to us the original prescription for these Products. No order for POMs will be accepted without this.
- 14.4 When we receive your prescription we will verify it against the information provided to us at the time the order was placed. If the information does not match with your original order, we may try to contact you using the information in your registration. If we cannot contact you and we are unable to dispense the item(s) on your prescription order we reserve the right to return your prescription to you in which case we will refund the payment made by you for it. 14.5 We may contact you prior to accepting any order to:
- 14.5.1 discuss your order with you;
- 14.5.2 request details of the prescribing doctor to discuss/verify the order;
- 14.5.3 request written authority from the prescribing doctor to discuss your prescription with our in house pharmacists or doctors; or
- 14.5.4 request a new written prescription from your doctor.
- 14.6 If you require advice on any of the OTC products or any vitamin or mineral supplements that you are ordering from us please contact us. We may refer you to our affiliated company MetaMedics Limited which provides online consultation and advice in respect of such Products. [Insert link to MetaMedics]
- 15.1 All Products are supplied subject to availability.
- 15.2 Delivery usually takes between 2 to 5 working days from the date of your order being accepted by us but delivery dates detailed in the dispatch confirmation are estimates only and are not guaranteed. If no delivery date is specified then delivery will be within 30 days of the date of the dispatch confirmation, unless there are exceptional circumstances.
- 15.3 If we believe that any delivery date is likely to be delayed we will notify you as soon as possible with a revised delivery date.
- 15.4 If any part of your order is not available then we will agree a revised delivery date with you or will remove that item from your order and refund any sums paid by you for that removed item. 15.5 We use the Royal Mail "track & trace" Special Delivery service to deliver the Products. You can track the progress of your order by logging onto www.royalmail.com and inserting the unique reference number detailed on your dispatch confirmation.
- 15.6 If we cannot deliver the whole of your order at one time due to operational reasons or shortage of stock we reserve the right to deliver the order in instalments. You will not be charged extra delivery costs for this.
- 15.7 If you request that the order be delivered in instalments, extra delivery costs may be charged.
- 15.8 Each instalment is a separate contract so that if delivery of one instalment is late or the instalment is faulty this will not entitle you to cancel any other instalment
- 15.9 It is your responsibility to provide accurate account details and a suitable delivery address. All deliveries are sent in accordance with our delivery terms as found at our Delivery Fee Guide. We will not be held responsible for non-delivery of Products where you have provided us with the incorrect address and will not be obliged to dispatch the Products to you again.
- 15.10 Our delivery charges are set out in our Delivery Fee Guide.
16. Cancellation and cooling off period
- 16.1 If you are contracting as a consumer, you may cancel an order for OTC Products at any time until seven working days after you received the OTC Products.
- 16.2 Any cancellation must be made in writing and sent to us by post or email at the contact details set out above. Any attempts to cancel after the seven working day period will only be accepted in our sole discretion. If you are not acting as a consumer, clause 16.1 will not apply to you.
- 16.3 Wheres are made to your specifications or where we cannot guarantee the safety of POMs or Ps once they are outside our control you do not have the right to cancel an order for such Products. We will only accept returns and provide refunds in the circumstances as set out in clause 18.1 below.
- 16.4 Where you have already received the Product you must return it to us within 28 days from the date of cancellation, in the same condition in which you received it, and at your own cost and risk.
- 16.5 You have a legal obligation to take reasonable care of the Product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- 16.6 Details of this statutory right, and an explanation of how to exercise it, are provided in your dispatch confirmation. This provision does not affect your statutory rights.
- 16.7 Where you return an OTC Product to us because you have cancelled the order under clause 16.1 above, we will refund the price of the Product in full, including the cost of sending the item to you, within 30 days from the date of your cancellation notice. However, you will be responsible for the cost of returning the item to us.
- 16.8 All returns must be addressed to: DrugsDirect, Unit 4, 12 Emery Road, Brislington, Bristol, BS4 5PF.
- 17.1 We warrant that on delivery the Products shall:
- 17.1.1 conform in all material respects with the manufacturer's specification;
- 17.1.2 be fit for any reasonable purpose you wish to use them for;
- 17.1.3 be free from material defects; and
- 17.1.4 comply with all applicable statutory and regulatory requirements for selling the Products in the UK;
- 17.2 Where you are a consumer this warranty is in addition to your legal rights. All other implied terms, warranties and conditions are to the fullest extent permitted by law excluded from these terms and conditions.
- 17.3 This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Products in a way we or the Manufacturer do not recommend, or your failure to follow our instructions.
18. Defective Products and returns
- 18.1 Upon receipt of your Products you must inspect them for any visible signs of damage. If you believe that your order has arrived damaged or you have received an incorrect Product then please email our Customer Services Department at: office@DrugsDirect.com as soon as possible and in any event no later than 14 days after delivery, providing full details including the nature of the problem, your name, order number, authorisation code, and contact details. If you do not comply with the time limit in this clause 18.1 you will be deemed to have accepted the Products.
- 18.2 We will collect the Products on a date agreed between us OR ask you to return them to us at our cost. Once we have confirmed that the Products are defective or incorrect, we will provide you with a full or partial refund or replace the Products.
- 18.3 These terms and conditions will apply to any replacement Products we supply to you.
- 18.4 If you have received an incorrect Product you must not open the package as we must receive the Product in the same condition it was sent.
19. Risk and title
- 19.1 The Products will be at your risk from the time of delivery.
- 19.2 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.
- 20.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
- 20.2 All prices exclude post & package and delivery costs, which will be added to the total amount.
- 20.3 VAT may be payable on Products dependent upon your place of residence, this will be confirmed in your dispatch confirmation
- 20.4 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.
- 20.5 We will verify prices as part of our dispatch procedures. Where a Product's correct price is less than our stated price, we will charge the lower amount. Where the correct price is higher than our stated price we will try to contact you using the contact details you have provided us with to give you the choice to pay the higher price or to cancel your order.
- 20.6 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 unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 20.7 Payment for all Products must be by credit or debit card. We accept payment with [LIST OF CREDIT AND DEBIT CARDS]. We will not charge your credit or debit card until we dispense your order.
- 20.8 Alternative methods of payment may be acceptable. Please contact us for details.
The UK is under an obligation to minimise the disposal of Waste Electrical and Electronic Equipment (WEEE) in domestic waste and encourage recycling, recovery and environmentally sound disposal. Certain electrical items can not be disposed of in domestic waste but must be disposed of through an approved WEEE take back scheme. For details of your local collection facilities, please contact your local authority or visit www.recycle-more.co.uk. We offer a free take back scheme for certain items. If you wish to purchase an electrical item from us and would like us to dispose of your old item in an environmentally friendly way, please contact us. We can only offer this service when an old product has the same use as the new product being purchased. To use our service, please contact our customer services team.
22. Our liability –Please read this clause
- 22.1 Our liability for any reasonably foreseeable losses you suffer as a result of any breach of these terms and conditions by us is strictly limited to the purchase price of the Product you purchased which are the subject of any claim. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- 22.2 This does not include or limit in any way our liability:
- 22.2.1 for death or personal injury caused by our negligence;
- 22.2.2 under section 2(3) of the Consumer Protection Act 1987;
- 22.2.3 for fraud or fraudulent misrepresentation; or
- 22.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 22.3 Subject to clause 22.2, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- 22.3.1 loss of income or revenue;
- 22.3.2 loss of business;
- 22.3.3 loss of profits or contracts;
- 22.3.4 loss of anticipated savings;
- 22.3.5 loss of data, or
- 22.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
23. Written communications
You accept that communication with us will be mainly electronic. We will contact you by e-mail or SMS (text) message or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and that this means of communication shall 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 to us using one of the methods stated at the beginning of these terms and conditions (office@DrugsDirect.com). We may give notice to you at either: the e-mail, SMS or postal address which you provided to us when placing an order, or in any of the ways specified in clause 23 above.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail that such e-mail was sent to the specified e-mail address of the addressee.
25. Transfer of rights and obligations
- 25.1 The Contract is binding on your successors, heirs and assigns.
- 25.2 You may not transfer, assign or otherwise dispose of any of your rights or obligations arising under any Contract, without our prior written consent.
- 25.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under any Contract, at any time.
26. Events outside our control
- 26.1 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 including (without limitation): strikes, lock-outs, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, impossibility of the use of any means of public or private transport, impossibility of the use of public or private telecommunications networks, the delay in delivery to us by our suppliers, the shortage of labour or materials or stock availability and the acts, decrees, legislation, regulations or restrictions of any government.
- 26.2 Subject to clause 26.1, performance under any Contract shall be suspended for the period that an event under 26.1 continues. If a suspension continues for 60 days, you or we may cancel the Contract without further liability.
- 27.1 Any failure or delay by us to enforce these terms and conditions or to exercise any rights or remedies under them shall not prevent you from complying with your obligations under them.
- 27.2 A waiver by us of any breach by you shall not constitute a waiver of any subsequent default.
- 27.3 No waiver by us of any of these terms and conditions shall be effective unless it is communicated to you in writing in accordance with clause 24 above.
28. Third Party Rights
A person who is not a party to this Contract shall not have any rights under it by virtue of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms and conditions is judged by any competent authority to be invalid, unlawful or unenforceable, such term or condition will be severed from the remaining terms and conditions which will continue in full force and effect.
30. Entire agreement
- 30.1 These terms and conditions contain the entire agreement between us in relation to any order placed by you and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 30.2 You acknowledge that, in placing an order under these terms and conditions you have not relied on any representation, undertaking or promise given by us or implied from anything said in negotiations between us prior to such order except as expressly stated in these terms and conditions.
31. Our right to vary these terms and conditions
We may occasionally change these terms and conditions. Each order placed by you will be governed by the terms and conditions in force at the time of that order unless a change is required to be made by law in which case we will notify you of that change. It is your responsibility to check the terms and conditions on our Site on a regular basis.
32. Law and jurisdiction
These terms and conditions are governed by English law. You agree that the English courts will have exclusive jurisdiction over any claim brought by you arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
33. Data Protection
- 33.2 You should be aware that information captured on you will be viewed by our pharmacy team. By agreeing to these terms and conditions and the other terms and conditions of this Site, you are consenting to us processing data relating to you including any sensitive personal data as defined in the Data Protection Act 1998 for legal, personnel, administrative and management purposes and to fulfil any orders placed by you. We may make such information available to any of our authorised third parties who are dispensing on our behalf and by accepting these terms and conditions you expressly consent to the transfer of such information to our authorised third parties.