ᐅ E-Surgery Terms And Conditions | E-Surgery
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Terms and Conditions

Terms and Conditions

Application

These Terms and Conditions will apply to the purchase of products by you (the Customer or you). We are Total Access Health Ltd. trading under the name e-Surgery. We are a company registered in England and Wales under number 10681825 whose registered office is at Total Access Health, The Enterprise Centre, University of East Anglia, Norwich NR4 7TJ and whose trading address is 22 Morgan Way, Norwich, Norfolk, NR5 9JJ with email address [email protected]; telephone number 01603-931-600.

These terms of sale directly affect your obligations and legal rights when purchasing products from our website. You must familiarise yourself with this document before making a purchase. It describes who we are, how we provide products and services, how the contract can end, what to do in cases of issues, and other useful information. If you disagree with any terms contained in this document, please do not use our services or order products from our website.

We may change or update these Terms of Sale at any point. You will need to refamiliarise yourself with this document each time you make a purchase or use our services. An updated version of this document will be in effect once it is live on our website. We may also make changes to our site at any point at our discretion.

There are other important documents you should familiarise yourself with before making a purchase or using our services. These are the Terms of Website Use, Privacy Policy, and Cookies Policy.

Regulation

As an online Pharmacy, we have to abide by strict regulation. Total Access Health Ltd. Is regulated by the GPhC (General Pharmaceutical Council). Our Registered Pharmacy premise is located at 22 Morgan Way, Norwich, NR5 9JJ. Our GPhC Registered Pharmacy number is 9012167 and we abide by the standards set forth from the GPhC for all registered pharmacies.

All our independent prescribers are fully registered with the GPhC and abide by the Royal Pharmaceutical society frameworks for prescribers. Our Pharmacy is overseen by our superintendent pharmacist: Justin Dicks GPhC #2038305

Status of our superintendent and Pharmacy can be checked on the GPhC Register.

Creating an account with us

To create an account on our website you must provide: your name, email address, contact number, username, password and any other registration information. By registering an account, you are creating a patient record. It is your responsibility to provide us with accurate information so that we may provide you with our services. If anything changes with your health, you should promptly notify us at [email protected], as this may affect our ability to provide you with services and the choices our prescribers make. You agree that your electronic health records may be archived for a minimum of 8 years.

It is also your responsibility to ensure the confidentiality and security of your account. You agree not to share your account information with any third parties. You are responsible for any use of your account information and any use of your account such as placing orders on our website. You must have the expressed permission of the account holder to use their account on their behalf. You must not create multiple accounts or make accounts on behalf of any groups or entities. We reserve the right to change your password, disable your account or ask for further information in the scope of preserving the security of our services and your account. If for any reason you suspect your login information may be compromised, please contact us as soon as possible on [email protected].

Age

You must be 18 years of age to use our services.

Identity Checks

In order to meet our regulatory obligations we must ensure that users of our services are genuine and over the age of 18. To do this we verify your identity automatically if you make a purchase with us. We use a third party partner for these checks, who verify the data you provide against public databases such as the electoral roll.

The information shared with our partner for this purpose is: your name, date of birth, and address.

If these automatic checks fail, and we are unable to verify your identity you will receive an email stating this. We will ask for a copy of relevant ID such as drivers license or passport. These are stored securely.

Our Verification Service Partner: LexisNexis

You can view the LexisNexis Privacy Policy.

If We Must Reject Your Order

Once an order is made we reserve the right to reject it. For instance, if we are unable to verify your identity, we must reject your order. However we may reject your order for any reason, such as suspected fraud or inaccuracies in the information provided to us.

The decision to issue a prescription always rests with the independent prescribers when issuing a private prescription and pharmacists when choosing over-the-counter medicines. Sometimes our prescribers will need to get more information about your health to fully assess your suitability for a treatment. You will receive an email in these circumstances. If you do not respond in a timely manner, we must reject your order.

Sometimes the prescribers will decide that a treatment is not suitable for you, the frequency of supply is too high or for any other clinical reason. In these cases, we must reject your order. We might also reject your order because of stock availability, operational difficulties, pricing errors, product description errors, not delivering to your location or if it is likely we will not be able to meet delivery targets.

In the event that your order is rejected, we will issue you a full refund.

Making Changes

You must contact us as soon as possible if you need to make any changes to your order. We will try to accommodate changes whenever possible and in a timely manner. If this is not possible you may wish to end the contract with us, please see “ending this contract” below.

Please keep in mind that we are unable to offer refunds on medicines that have been shipped from our pharmacy, therefore it is important that you let us know as soon as possible if you wish to make changes to an order.

We reserve the right to make changes to our products or services at any time. For instance, this may be to meet regulatory requirement changes, relevant changes in law, stock availability, or on account of internal safety audits.

Providing You Products On a One Time Purchase

Delivery

All our products are delivered via Royal Mail. If size allows, the items will be put through your letterbox. Tracked 24 and Tracked 48 services do not require a signature, whilst Special delivery parcels may require you to sign for the delivery. By agreeing to order with us, you confirm that no children or pets might have access to delivered products left anywhere on your premises. If a delivery is not successful, it is your responsibility to reschedule a delivery or collect your product from the delivery depot. If an uncollected item is left undelivered and finally sent back to us, we will attempt to contact you to arrange a redelivery.

We will aim to deliver the products to you as soon as possible unless otherwise notified. It is possible that your delivery may be delayed, often due to factors outside our control. In the event that we are aware of this, we will aim to let you know as soon as possible. We will aim to take action to resolve these issues and ensure the best standard of service. If there is a likelihood of a very long delay to delivery we may end the contract and refund your order.

In some instances, we may upgrade your delivery type to ensure you receive your order in a timely manner. You will not be charged for this.

In some instances, our prescribers can delay the shipment of your product based on clinical grounds such as the medication not being due or your order frequency being too high. In these circumstances, you will be notified of this and will have the choice of a full refund instead. 

In some instances and at the discretion of our pharmacists we will combine orders from the same account and going to the same destination into one parcel.

If you have any issues with the delivery of your product, please contact us within 14 days of the expected delivery date at [email protected] . We will be unable to help you if your item tracking details state the item has been delivered and you are contacting us 14 days after the date of your stated delivery.

Contract

A contract will be formed for the sale of products only when we send you and email confirming your order. You must ensure that the order information is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order you agree to us giving you confirmation of the contract by means of an email with information included (ie the order confirmation and order completed email). We will send the order confirmation within a reasonable time after making an order, but in any event not later than the delivery of any goods supplied under the contract.

We only sell or supply services to users in the UK.

The Contract (including any non-contractual matters) is governed by the law of England and Wales. By entering this contract you confirm that consent to care or treatment from our website was not sought in line with Mental Capacity Act 2005.

Price and Payment

The price of the products and any additional delivery or other charges is that set out on our website at the date of the order or such other price as we may agree in writing.

Where appropriate, prices and charges include VAT at the rate applicable at the time of the order.

You must pay by submitting your credit or debit card details with your order and we can take payment immediately before acceptance of order and delivery of the product.

When you pay for your order, we assume you have all the required authorisation to make the payment. We cannot be held liable for any other party making a purchase on your behalf. If you believe someone has used your account or payment details to make an order you must contact us as soon as possible at [email protected] or 01603 931 600.

When processing your order, our payment provider may run a some checks before permitting the transaction. For instance, this may be to verify your address or check for fraudulent activity.

Conformity

Product images on our website are for illustrative purposes only and the actual product packaging may vary. Generic medication may vary in manufacturer unless you specifically specify your preferred manufacturer.

We have a legal duty to supply products in conformity with the contract, and will not have conformed if it does not meet the following obligation:

Upon delivery, the product will:

be of satisfactory quality;

be reasonably fit for any particular purpose for which you buy the product which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

conform to their description.

You should inspect the product as soon as you receive it. If you notice it is damaged or defective, you should contact us as soon as possible on [email protected] or 01603 931 600.

Ending This Contract

You may be able to end the contract for the following reasons:

  • We have told you there is a change to your product, error in pricing or description in the product ordered and you do not want to proceed with the contract.
  • It is evident that we will supply the product with a significant delay due to events outside our control.

If you decide to end the contract for these reasons above, the contract will end immediately and you will receive a full refund for products which have not been supplied. Refunds are paid using the same method used for payment and can take up to 5 working days to reach your account.

Please be aware that prescription medication is not covered Consumer Contracts Regulations 2013 (Information, Cancellation and Additional Charges). Therefore you will not be able to return any medicines for any other reason than that outlined above.

Refunds Policy

We cannot accept returns of prescription and over-the-counter medication. This is for safety reasons. Any unwanted or unused medication should be taken to a local pharmacy to be disposed of.

Because of this we are unable to offer refunds for medicines that have been shipped to you. For prescription only medicine orders you wish to cancel, you must let us know before our prescribers approve the prescription to receive a refund.

For orders of non-medical products, you will have 14 days to change your mind about the product. This 14 day period starts from when you receive the product, or when the product is shipped in instalments, 14 days from the date of receiving the last instalment. Some non-medical products are exempt from this, such as sealed products which are not suitable for return.

In the event that a product is damaged or defective, or we have sent the wrong product to you we will accept returns on the product. We are unable to reimburse you for cost of returning it to us. We will replace the product or issue a refund.

Making a Complaint

We have an internal complaints procedure for handling customer complaints. We will make sure a relevant line manager is made aware of your complaint in a timely manner. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs you should contact us at first instance to come to a solution. The best way to do this is to e-mail [email protected] or you can call us at 01603-931600.

Excluding Liability

We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the customer’s business, trade, craft or profession. This includes any indirect or consequential loss. We supply products and services only to individuals for private use and do not supply any of our services or products to businesses.  

We cannot be held liable for any damages caused as a result of failure to provide accurate information to us at any stage, including your health consultation. We also cannot be held liable for any damages caused as a result of not following relevant advice given to you by us and not making your regular GP or other healthcare practitioner aware of any services provided to you by us. We are not a replacement for your regular GP or other regular healthcare practitioner, and by using our service you agree to this.

Other Terms

The rights and obligations in this contract are transferable to other parties by us.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

If any part of this contract is ruled as unenforceable or illegal, all other provisions of this contract shall remain in full force. The provision that is deemed unenforceable or illegal shall be interpreted as nearly as possible to reflect the intentions of the parties.

If we are delayed in enforcing this contract, we may still do so at a later point in time. If we fail to enforce any provision of this contract, it does not waive our right to enforce this provision.

Emergencies

Our service is not for medical emergencies. For any medical emergency, contact 999 immediately.

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