The websites www.wrinklerating.co.uk, (the “Website”) is owned and operated by Pharmacare (Europe) Ltd and the expressions “Pharmacare (Europe)”, “Pharmacare Europe”, “we” and “us” and “our” mean Pharmacare (Europe) Limited (Company Number 06408300) whose registered office is at 12 New Fetter Lane, London, EC4V 1AG
These are the Website terms and conditions (the "Conditions"), which apply to the use of the Website by you, the end user. By using the Website you agree to be bound by these Conditions.
If you do not agree to be bound by these Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website.
Please note that any purchases you make on this Website will be governed by our separate TERMS AND CONDITIONS OF SALE, which can be found below.
Your privacy is very important to us and these Conditions must be read in conjunction with our PRIVACY POLICY which is published on our Website and which can be found HERE
If there is anything that you do not understand please feel free to email any enquiry to us here: customer-services@pharmacareeurope.com
THESE TERMS OF USE DO NOT AFFECT YOUR STATUTORY RIGHTS.
IT IS AGREED THAT:
1 YOUR OBLIGATIONS
1.1 You will not:
(a) use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws;
(b) upload or transmit through the Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(c) use the Website in a manner which (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); and
(d) create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website.
1.2 You agree that in the event that you have any right, claim or action against any third party arising out of that third party's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
1.3 You warrant that by accessing and using the Website you will not be in violation of any laws or regulations that apply to you.
2 OUR RIGHTS
2.1 We may:
(a) modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Conditions from time to time and your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. You should check back here regularly as you will be bound by these Conditions every time you visit the Website. If you do not agree to any change to the Conditions then you must immediately stop using the Website; and/or
(c) monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints relating to the Website and take any action that we believe is appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
2.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website for any reason.
3 PRIVACY AND PERSONAL INFORMATION
Your privacy is very important to us and these Conditions must be read in conjunction with our Privacy Policy which is published on our Website and which can be found HERE
4 DISCLAIMER OF WARRANTIES
4.1 Subject to Conditions 5.2 and 5.3, the Website is provided, on an "as is" and "as and when available" basis without any representation or endorsement. We make no warranties of any kind, whether express or implied, in relation to the Website, its content or any services offered on the Website.
4.2 Subject to Conditions 5.2 and 5.3, we make no warranties that the Website, its content or any services offered via the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. If a fault occurs in the service you should report it to customer-services@pharmacareeurope.com and we will attempt to correct the fault as soon as we reasonably can.
5 LIABILITY
5.1 Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties or representations, whether express or implied in relation to its accuracy.
5.2 Nothing in the Conditions shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
5.3 Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any liability for fraud or for any other liability that cannot be excluded or limited by law.
5.4 You agree that you are free to choose whether to use the Website or any services offered on the Website and do so at your sole option, discretion and risk.
5.5 We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
5.6 Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
6 INTELLECTUAL PROPERTY
6.1 Save as set out in Condition 6.4 below, you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
6.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. This includes, but is not limited to, the text, graphics, animations, photographs, pictures, sounds, data, images, audio and video clips connected to the website.
6.3 You may not download, edit, reproduce or use any material and content contained within the Website for the purpose of advertising, promoting, endorsing or implying any connection with you or any third party.
6.4 Any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Conditions. You give us an absolute right to reproduce (whether in whole or in part, and whether cropped, adopted, altered or otherwise manipulated) any photos or other images or audiovisual files that you submit to the Website. We shall not be obliged to so display such audiovisual files.
6.5 By submitting material to the Website, you warrant and represent that you own such materials (including any copyright and other intellectual property rights therein) or that you have permission from the owner and that you have obtained the informed consent of any subjects of the images and that any subjects featured in any such images are at least 16 years of age at the time such material was created. You hereby waive any moral rights you may have in relation to such content.
7 LINKS TO OTHER WEBSITES
7.1 We may, from time to time, provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
8 WAIVERS AND REMEDIES
8.1 No delay, indulgence or omission in exercising any right, power or remedy provided by these Conditions or by law shall operate to impair or be construed as a waiver of such right, power or remedy or of any other right, power or remedy.
8.2 No single or partial exercise or non-exercise of any right, power or remedy provided by these Conditions or by law shall preclude any other or further exercise of such right, power or remedy or of any other right, power or remedy.
8.3 The rights, powers and remedies provided by these Conditions are cumulative and subject as otherwise provided in these Conditions are not exclusive of any rights, powers and remedies provided by law.
9 LAW AND JURISDICTION
9.1 These Conditions shall be governed by and construed in accordance with English law.
9.2 Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England in relation to any claim or matter arising under or in connection with these Conditions.
10 GENERAL
10.1 If any part of these Conditions is found to be invalid by any court or other regulatory or competent body, the invalidity will not affect the rest of the Conditions, which shall remain in force.
10.2 Any notices or communications that you send to us will be sent to customer services at customer-services@pharmacareeurope.com or in writing to Pharmacare (Europe) Ltd, Pharmacare House, East Side, Foundry Lane, Horsham, West Sussex, RH13 5PX. Any notices or communications that we send to you will be sent to the email address you registered with us or to the postal address that you provided.
10.3 All provisions, which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Conditions, including without limitation, all of your representations, warranties and indemnification obligations.
10.4 No person who is not a party to this agreement shall have any right to enforce this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
TERMS AND CONDITIONS OF SALE
The website www.skindoctors.co.uk (the “Website”), where you will be redirected if you click to buy anything from any of the websites listed above, is owned and operated by Pharmacare (Europe) Ltd and the expressions “Pharmacare (Europe)”, “Pharmacare Europe”, “we” and “us” and “our” mean Pharmacare (Europe) Limited (Company Number 06408300) whose registered office is at 12 New Fetter Lane, London, EC4V 1AG
These are the Website terms and conditions (the "Conditions"), which apply to the use of the Website by you, the end user. By using the Website you agree to be bound by these Conditions.
If you do not agree to be bound by these Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website.
Please note that your use of this Website will be governed by our separate Website Terms and Conditions which can be found above.
Your privacy is very important to us and these Conditions must be read in conjunction with our Privacy Policy which is published on our Website and which can be found HERE
1 INTERPRETATION
1.1 In these Conditions the following words shall have the meanings set out below:
"Conditions" means the standard terms and conditions of supply of goods and services set out in this document.
"Contract" means a legally binding contract for the sale and supply of Goods and/or Services made in accordance with Condition 3 of these Conditions.
"Goods" means the goods described in the Order.
"Order" means an order placed by you for the purchase of Goods and/or Services.
"Price" means the price of the Goods and/or Services detailed in the Confirmation.
"Services" means the services described in the Order.
"Working Day" means any day other than a Saturday and Sunday but excluding bank and public holidays in England.
2 REGISTRATION AND ACCEPTANCE OF OUR CONDITIONS
2.1 If you register with us via our Websites, you will be deemed to accept these Conditions and you may copy these Conditions and store them for your future reference. Please read the provisions set out below carefully and confirm your agreement to them before submitting an Order.
2.2 We only supply Goods to individuals resident in the United Kingdom. We do not accept Orders for Goods orders from individuals outside of those countries.
2.3 We may from time to time at our absolute discretion provide Services to individuals resident outside of the United Kingdom and in accordance with any additional conditions, rules or instructions notified to the individual.
2.4 We only supply Goods and/or Services for purchase by adults and we do not sell to children. If you are under 18, you may use the Websites only with the involvement of a parent or guardian.
2.5 When you register you need to provide us with your Title, First Name, Last Name, full postal address and choose the password that you will need to enter twice. The e-mail address you provide will become your username. You will need to tick the box accepting website terms and conditions and privacy policy. You will also be given a choice to opt in to receive the newsletter that we may send from time to time.
2.6 You must at all time keep your password and customer username confidential and you must notify us immediately of any unauthorised use of your customer username or password, or of any breach of security known to you. We can require you to change your password for security reasons at any time.
2.7 You are responsible for all activities which occur under your username and password, save where such activities occur as a result of our negligence or fault.
3 PLACING AN ORDER
3.1 The Goods and Services displayed on the Websites and information about the Goods, the Services and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Goods and/or Services.
3.2 An Order is placed when you click the “Confirm Order” button on our order form and the placing of such Order will constitute an offer by you to purchase the Goods and/or Services subject to these Conditions. You should review the Order and correct any incorrect details before pressing the ["Confirm Order"] button.
3.3 We shall acknowledge receipt of your Order with an acknowledgment email. This is a confirmation that your order is now ready to be processed.
3.4 If the Goods which you have ordered are not available or we are unable to perform the Services you have requested, we shall inform you of this as soon as possible but in any event within [fourteen (14)] days from when you placed your Order.
3.5 If you receive a confirmation email for an Order which you did not place, or if the details in the confirmation email do not match the Order which you placed or intended to place, you must contact our customer services department at customer-services@pharmacareeurope.com or 0845 612 2070 to cancel the Order or correct the details.
4 “cooling off” period & rights of return and cancellation
4.1 If you are contracting as a consumer you are entitled to a statutory cooling off period allowing you to cancel the Contract:
(a) in relation to any Goods at any time within seven (7) Working Days of receiving the Goods; or
(b) in relation to Services at any time within seven (7) Working Days of the Contract for Services being concluded; or
(c) where the confirmation email and such additional information as required by law is provided after delivery of the Goods or the Contract for Services is concluded (as applicable), seven (7) Working Days after the confirmation email and additional information is provided.
Without any liability to us except any direct cost incurred by us in relation to the Goods and/or Services being returned.
4.2 Where you cancel your Contract within the cooling off period we will refund to you any part of the Price that we have received promptly and in any event within 30 days of cancellation, provided the Goods and/or any items to be supplied in respect of the Services are returned undamaged and in the original packaging and that the Goods and/or any items to be supplied in respect of the Services have not been specifically tailored to your specifications, or personalised, or the Goods and/or any items to be supplied in respect of the Services by their very nature cannot be returned or are liable to deteriorate. We will also refund to you the cost of sending the Goods and/or any items to be supplied in respect of the Services to you but you shall be responsible for the cost of returning the item to us.
5 BASIS OF SUPPLY
5.1 Except as otherwise stated in these Conditions, these Conditions shall apply to the Contract to the exclusion of any other terms and conditions.
5.2 No variation of a Contract shall be binding unless agreed in writing by one of our authorised representatives.
5.3 In entering into the Contract you acknowledge that you do not rely on any representations which are have not confirmed by us in the confirmation email.
5.4 All illustrations, dimensions, weights and capacities listed on the Websites, or in any catalogue, price list or other advertisement are intended merely to present a general idea of the Goods or Services described and shall not form part of the Contract.
6 VARIATION OF GOODS
We reserve the right in our absolute discretion to make any changes to the Goods and/or Services which do not in our opinion materially affect the quality or nature of the Goods and/or the Services.
7 PRICE AND PAYMENT
7.1 The Price displayed is in pounds sterling (unless otherwise stated) and is inclusive of VAT and does not include delivery charges which will be added to the total amount and will be shown when you make an Order and on the confirmation email.
7.2 Payment must be made in pounds sterling and can be made by using any major UK credit card or debit card shown on the Website.
7.3 Payment by any UK credit card or debit card is subject to authorisation by the credit card issuer. If such authorisation is refused to us, we will not be liable for any delay or non-delivery of the Goods and/or Services and the Contract will be deemed to be cancelled.
7.4 If payment is made by UK credit card or debit card, the card will be debited when the Order is placed. Any such payments will be refunded if your Order is rejected or the Contract is cancelled.
7.5 If you fail to pay us any sum due pursuant to the Contract, you will be liable to pay interest to us on such sum from the due date for payment at an annual rate of four percent (4%) above the base lending rate of Lloyds Bank plc from time to time accruing on a daily basis until payment is made in full (whether before or after any judgement).
7.6 Payment of the Price is a strict condition of the Contract and we may terminate the Contract and claim damages if the Price is not paid.
8 ORDERS FROM OUTSIDE THE UK
8.1 If you order any Services for delivery outside of the United Kingdom, they may be subject to import duties and taxes which are levied when the delivery reaches you. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
8.2 Please note that you must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.
9 DELIVERY, RISK AND TITLE
9.1 Delivery of the Goods and/or any items to be supplied in respect of the Services shall be made to the address in the UK that you provide in the Order, or such other address that we may agree in writing.
9.2 We will deliver the Goods and/or any items to be supplied in respect of the Services to the address specified by you in your Order. If you fail to take delivery of the Goods and/or any items to be supplied in respect of the Services on the delivery date:
(a) delivery will be deemed to have taken place on the date for delivery;
(b) risk in the Goods and/or any items to be supplied in respect of the Services will pass to you; or
(c) we may (without prejudice to any of our other rights) dispose of the Goods and/or any items to be supplied in respect of the Services.
9.3 We will endeavour to deliver the Goods to you and/or commence the Services within seven (7) Working Days of you placing the Order with us or such alternative date (not earlier) specified by you but you acknowledge that it may not always be possible to deliver the Goods and/or commence the Services within this timeframe and you agree that delivery of the Goods and/or commencement of the Services may take longer. Any dates or times for delivery of the Goods and/or commencement of the Services quoted by us are estimates only. We shall not be liable if the Goods are not delivered and/or the Services are not commenced within seven (7) Working Days or for any failure to meet any estimated delivery date or for any costs, charges or expenses incurred as a result of any delay. You will not be entitled to refuse to accept any Goods or the provision of any Services or to cancel the Contract with us merely because of such failure.
9.4 We reserve the right to deliver and invoice the Goods and/or provide the Services in instalments and in such event each instalment shall be treated as a separate Contract and delivery of further instalments may be withheld until the Goods and/or Services comprised in earlier instalments have been paid for in full.
9.5 Risk of damage to or loss of the Goods and/or Services shall pass to you:
(a) at the time of posting, if you request the Goods and/or any items to be supplied in respect of the Services to be posted by us to you; or
(b) [at the time of us handing the Goods to a third party if you arrange for the Goods to be collected by a third party carrier;] and
(c) we shall not be liable to replace any lost or damaged Goods and/or any items to be supplied in respect of the Services after such delivery.
9.6 The manner of packing and transportation of the Goods and/or any items to be supplied in respect of the Services shall be at our discretion. No liability shall be accepted for failure to pack to any particular standard, or against any particular risk unless the requirement for such packing is specifically brought to our attention, accepted in writing by us and paid for by you.
10 WARRANTIES AND LIABILITY
10.1 We warrant to you that Goods purchased from us through the Websites are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and any Services that we provide to you are performed with reasonable care and skill.
10.2 Subject to Condition 10.3 we will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Goods and/or Services is made. We will not be responsible for any business loss (including loss or profits, contracts, income or revenue, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.
10.3 Nothing in these Conditions excludes or limits in any way our liability for death or personal injury caused by our negligence, fraud, or for any other liability that cannot be lawfully excluded or restricted.
11 Events outside our control
We shall not be liable to you or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the provision of the Services and/or sale of the Goods if the delay or failure was due to any events outside of our reasonable control including without limitation a technical failure of the Internet, act of God, explosion, flood, fire, accident, war, terrorism, sabotage, insurrection, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, industrial actions or trade disputes (whether involving our employees or those of a third party).
12 Termination
12.1 Either we or you may, without prejudice to any rights or remedies that we or you may have against the other party, terminate a Contract with immediate effect on giving the other party written notice where the other party commits a material breach of any of its obligations under the Contract.
12.2 All outstanding sums shall be due immediately if the Contract is terminated by us for any reason detailed in this Condition 12.
13 PROMOTIONAL DISCOUNTS AND FREE SAMPLES
13.1 From time to time we may offer promotional discounts in respect of certain Goods and/or Services and we may also offer free samples on our Website. These promotional discounts and free samples will be subject to availability of the relevant Goods and/or Services and samples and are not an indication of availability.
13.2 All promotional discounts and free samples offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.
14 General
14.1 If you have any queries regarding these Conditions, you can contact us by writing to our address Pharmacare (Europe) Ltd, Pharmacare House, East Side, Foundry Lane, Horsham, West Sussex, RH13 5PX. Alternatively you can email us at customer-services@pharmacareeurope.com
14.2 We may assign or subcontract the performance of some of our obligations under the Contract, including but without limitation, the provision of the Services.
14.3 No waiver by us of any breach of any Contract or these Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.4 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
14.5 If any provision of these Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions and the Contract shall continue in full force and effect.
14.6 These Conditions and the Contract formed pursuant to them represent the entire agreement between us relating to the purchase of the Goods and/or the Services and supersede all prior agreements, arrangements and undertakings between us relating to the Goods and/or the Services.
14.7 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and you agree to submit to the non exclusive jurisdiction of the English courts. ceedings in alternative jurisdictions.