Terms of service

BUSINESS TO CONSUMER - ONLINE TERMS AND CONDITIONS BETWEEN A BUSINESS AND CONSUMER FOR THE SALE OF GOODS

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.

General terms and conditions

This site is owned and operated by MARKS TEY PHARMACY LIMITED, 89 LONDON ROAD MARKS TEY CO6 1EB COLCHESTER (ESSEX).
If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@marksteypharmacy.co.uk or telephone number 01206 212878

1. The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

 2. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us. 

 3. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to MARKS TEY PHARMACY LIMITED. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

 4. Accuracy of content

Product Images and Brand Availability

Product images are provided for illustration purposes only unless a specific brand or manufacturer is expressly stated in the product description.

Some products, particularly generic medicines and healthcare products, may be supplied by different manufacturers depending on stock availability. In these cases, the brand, packaging and appearance of the product received may differ from the images displayed on our website.

Where no specific brand is advertised, Marks Tey Pharmacy reserves the right to supply any available manufacturer's product that meets the advertised specification, including the active ingredient, strength, pharmaceutical form and pack quantity, where applicable.

If you require a particular brand or manufacturer, please contact us before placing your order to confirm availability.

Receiving a different brand from the one pictured does not, by itself, mean the product has been incorrectly supplied, provided that the product matches the advertised description.

 

5. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by email or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order. 

 7. Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

8. Price

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. 

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

9. Payment terms

We will take payment upon receipt of your order from your credit or debit card or using paypal. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

10. Delivery charges

10.1 Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.

10.2 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

10.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 

11. Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

12. Cancellation rights

12.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar  days after the day on which you receive your goods (with the exception of goods mentioned in 12.3 below). You do not need to give us any reason for cancelling, however once we receive the goods back we will make a refund. This is not including the cost of delivery as you (the customer) has changed your mind. You will have to pay also for the delivery to send the goods back to us. 

12.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.

12.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

12.4 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

12.5 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation). 

Please refer to our refund policy for more information.

12.6 Medicines, Medical Devices and Hygiene-Sensitive Products – Returns and Refunds

12.6.1 Health, Safety and Hygiene

At Marks Tey Pharmacy, patient safety and product integrity are our priorities. Certain products require strict hygiene controls, appropriate storage conditions and protection against contamination.

These products include, but are not limited to:

• Prescription-only medicines, pharmacy medicines and other medicinal products.

• Catheters, catheter accessories, urine drainage bags and associated urological products.

• Ostomy products, including stoma bags, appliances, seals, barriers and related accessories.

• Other medical or personal-care products supplied in protective or hygiene-sealed packaging.

12.6.2 Restrictions on Returns

In accordance with Regulation 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the statutory right to cancel does not apply to sealed goods that are unsuitable for return due to health protection or hygiene reasons once they have been unsealed after delivery.

For hygiene-sensitive medical products, this includes the removal or breaking of protective seals or sterile packaging where this makes the products unsuitable for return.

Certain supplies of medicines and healthcare products are also excluded from the statutory cancellation provisions under Regulation 27 of those Regulations.

12.6.3 Storage Conditions and Product Integrity

Once medicines or medical devices have left our pharmacy, we cannot independently verify whether they have been stored, transported or handled in accordance with the manufacturer's instructions.

For patient-safety reasons, medicines returned by customers will not be returned to saleable stock. Medical devices and hygiene-sensitive products will only be considered for resale where their safety, integrity and suitability can be established.

These safety considerations do not remove any statutory cancellation rights that apply to the purchase.

12.6.4 Incorrect, Damaged or Faulty Products

These restrictions do not affect your statutory consumer rights.

If a product is faulty, damaged on delivery, incorrectly supplied or not as described, please contact us promptly at info@marksteypharmacy.co.uk or 01206 212878.

Where required by the Consumer Rights Act 2015, we will provide an appropriate remedy, including a refund or replacement, and cover reasonable return costs.

12.6.5 Before Placing Your Order

Customers purchasing catheters, ostomy supplies or other specialist medical products are strongly advised to check the product description, manufacturer, reference number, size and compatibility before ordering.

If you are uncertain whether a product is suitable, please contact us before completing your purchase.

Nothing in this section excludes or restricts your statutory rights under applicable consumer protection legislation.

13. Cancellation by us

13.1 We reserve the right not to process your order if:

13.1.1 We have insufficient stock to deliver the goods you have ordered;

13.1.2 We do not deliver to your area; or

13.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

13.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days. 

14. If there is a problem with the goods

14.1 If you have any questions or complaints about the goods please contact us.  You can do so at info@marksteypharmacy.co.uk or call us on 01206 212878.

14.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

14.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.

15. Liability

15.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 12), we will provide you with a full refund. 

15.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

15.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

15.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

16. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Marks Tey Pharmacy, 89 London Road CO6 1EB Marks Tey, Colchester (Essex) and all notices from us to you will be displayed on our website from time to time.

17. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

18. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

19. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

20. How we may use your personal information

We will only use your personal information as set out in our privacy policy.

21. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

22. Other important terms

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.

CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)

To:
Marks Tey Pharmacy Limited, 89 London Road CO6 1EB, Marks Tey, Colchester.

Phone: 01206 212878
Email : info@marksteypharmacy.co.uk

I/We hereby give you notice that I/WE cancel MY/OUR contract for the sale of the following goods*/for the supply of the following service*:

Ordered on*/Received on*: 

Name of consumer(s):

Address of consumer(s): 

Signature of consumer(s): 
(only if this form is notified on paper)

Date: