- TERMS OF WEBSITE USE
- INFORMATION ABOUT US
Our site is operated by Crownsmith Ltd ("We"), a company registered in England (Company No.07114526) with registered office: Ava Lodge, Castle Terrace, Berwick Upon Tweed, TD15 1NP).
We are regulated by The General Pharmaceutical Council (Registration Number 1042031). The Pharmacy Superintendent is Michal Toshner (Registration number 2051396).We are registered for VAT No 137620520
- ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
- INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
- OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
- OUR LIABILITY
The material displayed free of charge on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
- TRANSACTIONS CONCLUDED THROUGH OUR SITE
If applicable, contracts for the supply of good and/or services formed through our site or as a result of visits made by you are governed by our terms and conditions of sale .
- VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
- LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to Dr Andrews Online Pharmacy, c/o North Berwick Pharmacy, 66 High Street, North Berwick, EH39 4HF.
- LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- JURISDICTION AND APPLICABLE LAW
- YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact Dr Andrews Online Pharmacy, c/o North Berwick Pharmacy, 66 High Street, North Berwick, EH39 4HF.
Thank you for visiting our site.
Last updated on 12th February 2020
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before 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 order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 12th February 2020.
These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US
- We operate the website www,drandrews.co.uk We are Crownsmith Ltd, a company registered in England under company number 07114526 and with our registered office at Ava Lodge, Castle Terrace, Berwick Upon Tweed, TD15 1NP.. Our main trading address is North Berwick Pharmacy, 66 High Street, North Berwick, EH39 4HF.
- Contacting us if you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to email firstname.lastname@example.org indicating your wish to cancel and add your order number to the subject line. A full refund will be made to your payment card in 5-7 days.
- 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 0333220026 or -1620 894650 by e-mailing us at email@example.com
- If we have to contact you or give you notice in writing, we will do so by e-mail.
- OUR PRODUCTS
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- The packaging of the Products may vary from that shown on images on our site.
- USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
- HOW WE USE YOUR PERSONAL INFORMATION
- AGE RESTRICTIONS
- If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- Some products on our website also have a maximum age limit that they must be used under and these will be stated individually.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our shopping pages 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.
- After you place an order, 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.
- We will confirm our acceptance to you by sending you an e-mail that confirms that your order has been approved by Dr Andrews. The Contract between us will only be formed when we send you order approval.
- 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 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
- 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. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
- If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 8 only applies if you are a consumer.
- If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- However, this cancellation right does not apply in the case of:
- Medicinal products after they have been delivered
- Your legal right to cancel a Contract starts from the date of the order approval (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
||End of the cancellation period
|Your Contract is for a single Product (which is not delivered in instalments on separate days).
||The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you an order approval Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
- one Product which is delivered in instalments on separate days
- multiple Products which are delivered on separate days
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with an order approval on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for the regular delivery of a Product over a set period.
||The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with an order approval on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
- 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 email firstname.lastname@example.org, quoting your order number in the subject line. If you use this method we will e-mail you to confirm we have received your cancellation.
- If you cancel your Contract we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. A contract cannot be cancelled for medicinal products after they have been delivered.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
- if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
- If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We will refund you on the credit card or debit card used by you to pay.
- If a Product has been delivered to you before you decide to cancel your Contract:
- then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send it back whole and with any seals intact.
- unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
- Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- We will contact you with an estimated delivery date and email you a Royal Mail tracking number. Occasionally our delivery to you may be affected by an Event Outside Our Control.
- Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
- If you do choose to cancel your Order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- INTERNATIONAL DELIVERY
- Dr Andrews only delivers to the UK
- PRICE OF PRODUCTS AND DELIVERY CHARGES
- The prices of the 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 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. Prices for our Products
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- 1.1 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page
- 1.1 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you 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. Please note that 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 Products to you at the incorrect (lower) price.
- HOW TO PAY
- You can only pay for Products using a debit card or credit card through our online payment platform. We accept the following cards: Visa, Mastercard and American Express. We also accept Apple Pay.
- Payment for the Products and all applicable delivery charges is in advance.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 13 only applies if you are a consumer.
- 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.
- We only supply the Products for domestic and private use. You agree not to 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.
- 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 products under the Consumer Protection Act 1987.
- 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
- 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.
- 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you are a consumer you may contact us as described in clause 1.2
- OTHER IMPORTANT TERMS
- 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. [We will always notify you [in writing or] by posting on this webpage if this happens.]
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 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.
- Please note that these Terms are governed by Scottish Law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Scottish law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction.
Pharmacy Fair Processing Notice
We process your personal data, which includes information from your prescriptions and any other pharmacy and health care services we provide to you (including the minor ailments service, chronic medication service, stop smoking services etc.) for the purposes of:
Your care – providing pharmacy services and care to you
Our payment – payment and some personal data (no medical information) is shared between us and Stripe (our payment gateway).
Management – sharing only relevant information between us and our web management company (Adeo) to ensure we maintain appropriate professional and service standards.
Because we provide private healthcare services, we have a legal obligation to collect and use personal data to ensure that the service we provide is safe and effective, and that our record keeping is in line with the law. If you do not provide this information, it may restrict which pharmacy services are available to you.
We hold your information for as long as advised. You have a right to a copy of the information we hold for you (in paper or electronic form) and generally without charge. You may seek to rectify any inaccurate information.
You may object to us holding your information. You may lodge a complaint with the Information Commissioner’s Office.
Our Data Protection Officer is: David Massie
- Should you wish to make a complaint regarding Dr Andrews Online Pharmacy, then please contact us in the first instance by phone (0333 2200 260 or 01620 894650) or by email (email@example.com).
- Complaints can also be made in writing to: Dr Andrews Online Pharmacy, c/o North Berwick Pharmacy, 66 High Street, North Berwick, EH39 4HF.
- Complaints should be addressed to our Pharacy Superintendent, Michal Toshner (GPhC Registration number: 2051396).