Terms & Conditions
These Terms will apply to any contract between us for the provision of Consultation Services or the sale of Medical Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Medical Products from our site. Please note that before receiving any of our Consultation Services and/or placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to receive any of our Consultation Services and/or order any Medical Products from our Site.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Medical Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were last changed on 5 November 2014.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.privatedoc.com. We are PrivateDoc Limited, a company registered in England and Wales under company number 7466982 and with our registered office at Unit 7, Wharfside House, Prentice Road, Stowmarket, Suffolk, IP14 1RD.
1.2 Contacting us:
- If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0333 358 0200, or by e-mailing us at [email protected].
- If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
- If you are dissatisfied with the service you received from PrivateDoc and would like to make a complaint, please write to us at this address: Complaints, PrivateDoc Limited, Unit 7, Wharfside House, Prentice Road, Stowmarket, Suffolk, IP14 1RD UK or by e-mailing us at [email protected].
2. OUR MEDICAL PRODUCTS
2.1 The images of the Medical Products on our site are for illustrative purposes only and the packaging of the Medical Products may vary from that shown on images on our site.
2.2 All of our Medical Products are dispensed by Omnicare, the trading name for Omnicare Pharmacy Limited, a company registered in Scotland under company number SC257251 whose registered office is at office is at 5 Coalhill, Edinburgh, United Kingdom, EH6 6RH (Omnicare).
3. USE OF OUR SITE
3.2 You should only use our site if you are resident in the United Kingdom and we only deliver to addresses in the United Kingdom.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. AGE REQUIREMENT
5.1 You may only purchase Consultation Services and/or Medical Products from our Site if you satisfy the legal requirement that you are at least 18 years old. We are not allowed by law to supply any Medical Products to you if you do not satisfy these age requirements. If you are under 18 years old, please do not attempt to use the Consultation Services and/or order any Product through our site.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order for a Product, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described
in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Medical Products have been despatched (Despatch Confirmation). The Contract between us will only be formed when we send you the Despatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Medical Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Consultation Services and/or Medical Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.
8. CONSULTATION SERVICE – PLEASE READ CAREFULLY
8.1 By using the Consultation Service and/or purchasing any Medical Products from us you agree with us as follows:
- You are an adult aged over 18 years and have sound mind and judgement.
- To register only once and with truthful and accurate personal details.
- You are a resident in the United Kingdom and require delivery to an address in the United Kingdom.
- To answer all of the questions in any questionnaire (or otherwise) accurately, truthfully, fully, and not in a misleading way.
- You will fully disclose to us any information which you reasonably believe might effect the judgement of our medical practitioner(s) assessment of your condition or medical complaint.
- Not to register or complete any questionnaire on behalf of anyone other than yourself.
- That any Medical Products requested and/or purchased from us by you are for your personal use and are not to be re-sold or otherwise given to any of other person.
- That it is entirely at the discretion of our prescribing medical practitioner(s) whether or not they consider it appropriate for any prescription to be given and that there is no guarantee that a consultation will result in a prescription being given for any Medical Product.
- To read carefully and at all times comply with any instructions or directions provided with or relating to the Medical Products.
- To store the Medical Products securely and ensure that no one else has access to any of them.
- To adhere to the expiry date of the Medical Products and not to take or use any Product which is beyond its expiry date.
- Consult with, and take advice from, your own medical practitioner before taking or using any Medical Products purchased from us, and keep your medical practitioner regularly informed of any Medical Products purchased from us.
- To promptly inform us, and seek medical intervention from your own medical practitioner, if you experience any side-effects from the Medical Products or if you reasonably believe that the Product has not been effective.
- To keep your password and account details confidential and not to disclose it to any third party.
8.2 We will use reasonable endeavours to forward your consultation to our medical practitioner(s) as soon as reasonably practicable, but we cannot give you a guaranteed time frame for that consultation being carried-out.
8.3 We will not accept any order for any Product until we have received a valid prescription issued by a registered prescriber in the European Economic Area.
8.4 The Consultation Service is performed by fully registered GMC medical practitioner(s).
9. IDENTITY CHECKS
9.1 PrivateDoc Limited will perform an automated check to confirm your identity at the point that you submit your first consultation on the PrivateDoc website.
9.2 We will share your name, date of birth and address with a third party provider to validate your identity.
9.3 The third party provider is contracted to us and they will not use your details for any marketing purposes and your details will not be shared outside that organisation.
9.4 By proceeding with a consultation you agree to this validation being performed.
9.5 In the event of you failing the automated check, we will require another form of ID, such as a passport or driving licence in digital format and this will be stored on your profile with us.
10. YOUR RIGHT OF RETURN AND REFUND
10.1 As a general rule if you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulations). Due to the nature of the Medical Products being sold, Regulation 13(1) applies such that you have no such right of cancellation under the Regulations. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.2 Notwithstanding clause 10.1, we will allow you to cancel your order at any time before the date of the Despatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.
10.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected] or contact our Customer Consultation Services team by telephone on 0333 358 0200. You cannot cancel by post. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date we receive your e-mail. For example, you will have given us notice in time as long as we have received your e-mail before midnight on the date before the date of the Despatch Confirmation.
10.4 If you cancel your Contract in accordance with these Terms we will:
- refund you the price you paid for the Medical Products.
- refund any delivery costs you have paid.
- make any refunds due to you as soon as possible and in any event within 14 days after you duly inform us of your decision to cancel the Contract in accordance with these Terms.
10.5 If you have returned the Medical Products to us because they are faulty or mis-described, we will refund the price of the Medical Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We do not accept returns or make refund payments for medication that you believe to be ineffective. If you think your medication is not working, you may need to make some lifestyle changes to get the best possible results, or you may benefit from a different treatment. For further advice please e-mail us at [email protected] or contact our Customer Consultation Services team by telephone on 0333 358 0200.
10.6 We will refund you on the credit card or debit card used by you to pay.
10.7 Because you are a consumer, we are under a legal duty to supply Medical Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Medical Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
11.1 Delivery of an Order shall be completed when we deliver the Medical Products to the address you gave us and the Medical Products will be your responsibility from that time.
11.2 All deliveries will be sent to your home unless otherwise stipulated by you. If you chose to pick a delivery address other than your home address you will need to confirm your relationship with this address.
11.3 It is your responsibility to ensure that someone is available to sign for any medicines that are delivered at your chosen delivery address. The person signing for medicines does not need to be the named patient however it is your responsibility to ensure a responsible person is available to sign for the parcel. It is your responsibility to ensure that the person signing for the medicines/goods delivers them to you.
11.4 All orders are sent via DPD on a next day delivery basis. If you are not home when your package arrives, DPD will leave a calling card which allows you to interact with their service to rearrange delivery. In the event that the packaging is opened after delivery, we will have no liability to you for lost or damaged items or for what third parties find out about you as a result.
11.5 Orders that are not sent by DPD will be sent via Royal Mail. This may be due to your preference or DPD not being able to deliver to your location. Royal Mail deliveries can be tracked and interacted with using Royal Mail’s tracking service.
11.6 Delivery address usage is monitored across patient accounts as a safeguarding measure. In any instance where PrivateDoc identifies a single address is being used by multiple people, we may cancel or suspend orders pending investigation.
12. PRICE OF MEDICAL PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Medical Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Medical Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Medical Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product excludes delivery charges which are payable in addition.
12.4 Our site contains a large number of Medical Products. It is always possible that, despite our reasonable efforts, some of the Medical Products on our site may be incorrectly priced. We will normally check prices as part of our despatch procedures so that:
- (a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when despatching the Medical Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Medical Products to you at the incorrect (lower) price; and
- (b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. HOW TO PAY
13.1 You can only pay for Medical Products using a debit card or credit card.
13.2 Payment for the Medical Products is in advance and consultations will not be forwarded to Doctor for review until payment has been confirmed. If Doctor rejects your consultation payment will be refunded to the card where payment was made from within 10 days.
13.3 Any charge made to You is a charge made for dispensing Your prescription.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 We own, or are the licensee of all the intellectual property rights in this website unless expressly stated otherwise. Those rights include, but aren’t limited to, copyright, design rights, trade marks, domain names, database rights and patents worldwide, whether registered or unregistered, and we fully reserve all these rights.
14.2 You may print off one copy or download extracts of a page for your personal viewing purposes only, but no modification of any printed or downloaded extracts is permitted.
14.3 Exploitation of the content or any of our rights in this site for commercial purposes is forbidden.
14.4 You may access the site for the purposes for which is it intended only, and such access does not confer any legal rights upon you.
15. OUR LIABILITY – PLEASE READ CAREFULLY
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 Subject to clause 14.6, and to the extent permitted by law, if we breach these terms and conditions when delivering our services, we shall only be liable to you up to the purchase price of our services;
15.3 The material on our site or any site linked to it, is displayed without any without guarantees, warranties or conditions as to its accuracy and any reliance placed on such material is at your own risk.
15.4 We only supply the Medical Products for your own personal use. You agree not to purchase or use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.5 We, other members of our group of companies, the directors and third parties connected to us, expressly exclude liability for any claims, loss or damages, however they arise, whether direct, indirect, incidental or consequential, in connection with the services or materials provided or the use or inability to use our website, to the fullest extent permitted by law.
15.6 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective Medical Products under the Consumer Protection Act 1987.
16. LINKS FROM OUR WEBSITE
Any links on our website to other websites and materials provided by third parties are provided for information purposes only. We have no control over the contents of those websites or materials, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. EVENTS OUTSIDE OUR CONTROL
17.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Medical Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Medical Products you have already received and we will refund the price you have paid, including any delivery charges.
18. AVAILABILITY AND ACCURACY OF THE WEBSITE
18.1 Whilst we make all reasonable efforts to ensure that the website is functioning and the information contained in it is accurate, we do not make any warranty or representation as to its accuracy or guarantee that the site will be available for uninterrupted use by you;
18.2 We reserve the right to withdraw part of all of the service at any time without notice and any reliance placed on you on the availability of the service, the site or the information contained in it, is at your own risk.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Contract.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 We reserve the right to disable any user identification code or password and/or suspend or withdraw your access to the site without notice, if we believe that you have breached these Terms
19.7 These Terms are governed by English law. This means a Contract for the purchase of Medical Products and/or Consultation Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction