Terms Of Sale
Terms of Sale
Date of Last Revision: 24/04/2024
- Introduction
1.1. These Terms of Sale ("Terms") govern the sale of products through our Website.
1.2. By purchasing products from our Website, you agree to these Terms and abide by them.
1.3. Please review these Terms carefully before placing an order. They contain essential information about our services, including who we are, how we operate, and how to address any issues.
1.4. If you do not agree to these Terms, please refrain from purchasing products from our Website.
- About Us
2.1. The Family Health Group Ltd ("The Family Health Group," "we," "us," or "our") owns and operates this Website. We are a company registered in England and Wales under company number 14982976. Our registered office address is St Peters House, Suite 2, Silverwell Street, Bolton, England, BL1 1PP.
2.2. You can contact us at help@gethappen.com.
2.3. Our pharmacy's registered address is St Peters House, Suite 2, Silverwell Street, Bolton, England, BL1 1PP. We are registered with the General Pharmaceutical Council ("GPhC") under number 9012230.
2.4. Our clinicians are registered with the General Pharmaceutical Council in the United Kingdom and hold accredited pharmacist independent prescriber qualifications. They are trained to conduct remote consultations and prescribe medicine online. Each clinician is individually responsible for the prescriptions they issue.
2.5. We will contact you via phone, email, or post using the contact details provided with your order. "Writing" or "written" in these Terms includes emails.
- Privacy and Personal Information
3.1. When you place an order, you provide personal information. We use this information to review your medical details (e.g., age, weight, medical history), facilitate product delivery, process payments, and provide relevant product information. You can opt out of receiving marketing communications at any time.
3.2. Our Privacy Policy outlines how we process personal data. By purchasing from our Website, you consent to this processing and warrant that all provided data is accurate.
- Orders and Online Consultation Process
4.1. Upon placing an order, we will confirm its receipt.
Prescription Only Medicines:
4.2. Prescription-only medicine plans are provided on a subscription basis. If a treatment is deemed clinically appropriate, our clinicians will review and determine whether to approve your recommended treatment plan. Upon acceptance, we will confirm the issuance of your prescription and the contract will be established. Payment for prescription-only medicines will be processed upon acceptance of your treatment plan.
4.3. Prescriptions are securely sent to the pharmacy for dispensing and dispatch. If further information is required, you will be notified, and the order will not proceed until necessary details are provided within 10 days.
4.4. Treatment plans provided on the Website are indicative, and the final prescription is subject to clinical assessment. Discontinuation of a medicinal product may occur if it becomes clinically unsuitable.
Other Products:
4.5. Non-prescription product orders will be confirmed without an online consultation, and payment will be processed upon order placement.
4.6. We reserve the right to decline orders due to clinical appropriateness, stock availability, resource limitations, pricing errors, or inability to meet specified delivery deadlines.
4.7. Refunds for declined orders may take up to 10 working days to be processed.
4.8. Products are delivered within the UK only. We are not liable for onward transport by customers or third parties.
- Subscription (Prescription Only Medicines)
5.1. Prescription-only medicines are sold on a subscription basis for a minimum 12-month supply, subject to clinical assessment. Continuous payment authority is required for monthly billing.
5.2. Subscribers will receive renewal notices before expiration, with options to renew or cancel.
5.3. Subscribers can cancel at any time with notice, and we reserve the right to cancel subscriptions with notice to customers.
5.4. Upon cancellation, no further charges will be made, and no additional medication will be dispatched.
5.5. Terminated subscriptions will not be refunded for dispatched medication.
- Our Service
6.1. Product images on our Website are for illustrative purposes, and actual products may vary slightly.
6.2. All products are subject to availability.
6.3. Before use, carefully read accompanying product information, including patient dispensing labels and leaflets, and use the product as directed.
6.4. Discontinue use and seek advice if significant side effects occur.
6.5. Some medications may be de-blistered and repackaged for convenience, with adherence to expiration dates required.
6.6. Specially formulated treatments are classified as unlicensed specials, manufactured to EU standards by licensed manufacturers.
- Your Rights to Make Changes
7.1. Contact us for order modifications. Changes may affect price, delivery timing, or other aspects, subject to your approval.
- How We Will Provide the Service
8.1. Delivery charges are outlined on the Website, with estimated delivery dates provided during the ordering process.
8.2. No signature is required for delivery, and parcels may be left at the delivery address, subject to courier policies.
8.3. If delivery is delayed due to factors beyond our control, we'll notify you promptly.
Late Delivery
8.4. If we miss the delivery deadline and don't deliver or you've stated delivery before a deadline was essential, you can consider the contract terminated.
8.5. Alternatively, you may set a new reasonable delivery deadline.
8.6. If you decide to end the contract due to missed deadlines, you can cancel the order or reject delivered products.
8.7. Upon notification, we'll refund any payments for canceled products and arrange for return or collection.
Failed Delivery
8.8. If delivery fails due to recipient unavailability, the courier may attempt re-delivery or leave a note for collection.
8.9. Failure to collect or rearrange delivery may result in contract termination.
Ownership
8.10. Products become your responsibility upon delivery or collection, with ownership transferred upon full payment.
Suspending the Contract
8.11. We may suspend supply to address technical issues or comply with regulatory requirements.
8.12. We'll notify you of any suspensions lasting more than 30 days, offering refunds for advance payments.
8.13. Failure to pay outstanding amounts may result in product supply suspension until payment is received.
Changing the Contract
8.14. We may propose changes to subscription terms, providing notice and offering cancellation options.
- Your Rights to End the Contract
9.1. Your rights to terminate depend on the circumstances:
9.1.1. If you're dissatisfied with our service, see paragraph 9.2.
9.1.2. If you change your mind, see paragraph 9.3. Note: For safety, prescription medicine returns aren't accepted.
9.1.3. Faulty or misrepresented products entitle you to remedies under paragraph 12.
9.1.4. Cancelling orders is detailed in paragraph 9.4.
Is it something we have done?
9.2. Termination due to our actions results in immediate contract termination and full refund if:
9.2.1. You disagree with Supply Term changes.
9.2.2. There's a price or product description error.
9.2.3. We anticipate significant delays.
9.2.4. Product supply suspensions exceed 30 days for technical reasons.
9.2.5. You have legal grounds for contract termination.
Have you changed your mind?
9.3. If you're dissatisfied, notify us promptly.
Prescription Medicines: Safety regulations prohibit medicine returns. Unused medicines should be disposed of at a local pharmacy.
For non-medicinal products, you have 14 days to return items from delivery, except for sealed items unsuitable for return due to hygiene reasons unless faulty or incorrectly delivered.
Cancelling Your Order
9.4. Orders can be canceled until the clinician issues the prescription. Contact us to cancel in such cases.
- How to End the Contract with Us (Including if you have changed your mind)
10.1. Notify us via email at help@gethappen.com to terminate the contract.
10.2. For terminated contracts after dispatch or receipt, return or arrange collection by emailing help@gethappen.com for a return label and instructions.
10.3. Non-medicinal product returns due to changed minds must be initiated within 14 days of contract termination notification.
Costs
10.4. We cover return costs for:
10.4.1. Faulty or misrepresented products.
10.4.2. Situations listed under "Is it something we have done?"
10.5. For other cases, including changed minds, return or collection costs are borne by the customer, equalling standard delivery charges.
Refunds
10.6. Medications once dispensed cannot be returned for resale; thus, refunds aren't available for these products. For non-medicinal items, refunds, including delivery costs, will be issued via the original payment method. Deductions may apply, as detailed below.
10.7. Refunds for non-medicinal products may be reduced to account for diminished product value due to inappropriate handling. Examples include opening or damaging the product. Returned items must be unused and in their original packaging. Refunds will be issued promptly, with deductions applied if necessary.
10.8. Refunds for non-medicinal products will be processed promptly. Refunds for changed minds will be made within 14 days of product return. In other cases, refunds will be issued within 14 days of contract termination notification.
- Our Rights to End the Contract
11.1. We reserve the right to terminate the contract if:
11.1.1. Payment is overdue and remains unpaid 10 days after reminder.
11.1.2. Delivery is refused or unreasonably delayed.
11.2. In such cases, we will refund any advance payments for undelivered products, deducting reasonable compensation for costs incurred.
- If There is a Problem with the Service
12.1. Contact us with questions or complaints at help@gethappen.com.
12.2. We're obligated to supply products conforming to the contract terms. They must be as described, fit for purpose, and of satisfactory quality.
12.3. Exceptions to these rights may apply. For further information, consult Citizens Advice or call 03444 111 444.
12.4. To exercise legal rights, return products to us or arrange collection. We cover postage or collection costs.
- Price and Payment
13.1. Product prices, including applicable VAT, are displayed during ordering. We endeavour to ensure pricing accuracy, but errors may occur. We'll notify you of any discrepancies.
13.2. Payment is accepted via major credit or debit cards. Payment is required before product dispatch. Incorrect charges should be promptly reported for correction.
- Our Responsibilities for Loss or Damage Suffered by You
14.1. Our products are intended for domestic and private use only. We're not liable for business losses. Commercial use voids liability for loss of profit, business interruption, or opportunity.
14.2. Subject to clause 14.4, our maximum liability for product orders is limited to the price of the ordered products.
14.3. We're not responsible for unforeseeable losses or damages.
14.4. We don't exclude or limit liability where it would be unlawful to do so. This includes liability for death or personal injury due to negligence or fraudulent misrepresentation.
- Written Communication
15.1. Legal requirements mandate some communications be in writing. We'll contact you via email or notices on our Website. You agree to electronic communication, acknowledging compliance with legal writing standards.
- Other Important Terms
16.1. We reserve the right to transfer our rights and obligations to another organization.
16.2. The contract for sale and supply of medicines is between you and The Family Health Group Ltd. No other party can enforce its terms.
16.3. Each paragraph of these Supply Terms operates independently. If one is deemed unlawful, others remain in effect.
16.4. Delay in enforcing contract terms doesn't waive the right to enforce them later.
16.5. These Supply Terms are governed by English law. Legal proceedings can be brought in English or EU courts.
16.6. Alternative dispute resolution may be sought if dissatisfied with our complaint handling.