Palliativedrugs.com online terms and conditions of sale
This page was last updated on 21 September 2012
Palliativedrugs.com Limited (referred to as “we”, “our” and “us”) is the operator of this website. As a customer placing an order on this website (referred to as “you” and “your”) you acknowledge that the order you make is subject to our terms and conditions below.
Parts of these terms and conditions will only apply to you if, or their application will be excluded if, you are contracting with us as an individual who is acting outside the course of your business (such a party being a “Consumer” in these terms and conditions). If any particular provision of these terms and conditions only applies to a Consumer, or its application is excluded in relation to a Consumer, it will be clearly stated in these terms and conditions.
Please read through these terms and conditions carefully and print a copy for future reference.
We may change these terms and conditions at any time (but not in relation to orders that have been sent to us). Any changes will take effect on the date they are posted onto this website.
2 Your status
- 2.1 By placing an order through this website, you warrant to us that:
- 2.1.1 You are legally capable of entering into binding contracts;
- 2.1.2 You are at least 18 years old; and
- 2.1.3 Where you are buying on behalf of a business or other organisation, you have authority to bind that business or organisation on whose behalf you use this website.
3 The order process
- 3.1 Before you submit an order (by clicking the Submit Order button) you will have an opportunity to identify and correct any input errors in your order.
- 3.2 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. You can pay for the goods you order online through WorldPay or by printing off our invoice and posting your payment to us. After you submit an order we will give you an Order ID number and details of the goods you have ordered. We will do this by sending to you an e-mail to the e-mail address you provided during the order process. This e-mail will be an acknowledgement of your order and not an acceptance of it.
- 3.3 We do not file details of your order for you to subsequently access directly from our website. Therefore, please print out this e-mail for your future reference.
4 Your contract with us
- 4.1 We will confirm that your order has been accepted by sending you another e-mail accepting your order. Our acceptance of your order brings into existence a legally binding contract between us (“Contract”).
5 Downloadable content
- 5.1 This clause 5 shall apply to any text, files, pdf documents, e-books or other materials purchased and downloaded from our website (“Content”).
- 5.2 Content is licensed, not sold, to you by us or by the third party making the Content available through our website (collectively the “Content Owner”).
- 5.3 Accordingly, all intellectual property rights in the Content are owned by the Content Owner, and nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
- 5.4 Upon downloading the Content, subject to payment of the price for the Content, the Content Owner grants a licence to you to use the Content for your own personal use or your internal business, trade or professional purposes.
- 5.5 You, except as may be allowed by any applicable law which is incapable of exclusion by agreement, shall not (and shall ensure that others do not):
- 5.5.1 attempt to copy, modify, duplicate, create derivative works from, republish, transmit or distribute all or any portion of the Content;
- 5.5.2 licence, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit the Content.
- 6.1 The price payable for goods that you order are as set out in our website (except in cases of obvious error) and are in UK pounds. They include any VAT payable.
- 6.2 You will be required to pay extra for delivery at the rates set out separately on this website.
- 6.3 The total cost of your order will be the price of the goods you order, plus any applicable delivery charge. All these will be set out clearly in your Shopping Basket before you proceed to the payment section of our website.
- 6.4 Prices, offers and goods are subject to availability and may change before (but not after) we accept your order. However, we are under no obligation to provide any goods to you at an incorrect price, even after we have sent you an acceptance of order, if the pricing error is obvious and unmistakable and would have reasonably been recognised by you as a mis-pricing.
- 6.5 We try and ensure that at all times the information and prices on our website are accurate and up to date, however, errors can occur. If we discover an error in price or description of a goods ordered by you, we will tell you as soon as possible and ask you whether you wish to reconfirm your order at the correct price or cancel it. If we are unable to contact you we will treat your order as cancelled.
- 6.6 Payment for all goods must be made online by credit or debit card, or by post by cheque.
- 7.1 We will deliver the goods ordered by you to the address you provided during the order process. Please make sure you keep the receipt enclosed with your goods.
- 7.2 Very occasionally different products in the same order will be delivered separately. We will let you know in advance if thisis to happen.
- 7.3 Where in stock, most orders are delivered within 7 working days (i.e. Monday to Friday inclusive, but excluding English bank holidays) from the time we accept your order and in any event within 30 days of your order – provided your order has been paid for.
- 7.4 If we cannot deliver the goods ordered within 30 days of your order because they are unavailable we will inform you. You may then agree to allow us extra time to make delivery or ask us to re-credit your account with any sum debited by us from your debit or credit card or, if you have paid by cheque, send you a refund by cheque. If you do not agree to allow us extra time to make delivery, or we do not get a response from you, we will treat the contract as cancelled by you and re-credit your account with any sum debited by us from your debit or credit card or, if you have paid by cheque, send you a refund cheque, as soon as possible, and in any event within 30 days of our notification to you. We shall not be under any liability to you for our failure to deliver the goods to you within 30 days of your order because they are unavailable or for other reasons beyond our reasonable control.
- 7.5 You will become the owner of the goods you have ordered when they have been delivered to you (provided they have been paid for in full, together with any delivery charges). Once the 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. As such you should ensure you are adequately insured against any damage or loss that may occur to the goods.
8 Delivery charges
- 8.1 Our delivery charges depend on where the goods will be delivered. When you add goods to your Shopping Basket, the appropriate delivery charge will be added automatically and will be clearly set out. If you add additional items, please double check the charge by clicking “update basket”.
9 Missing, damaged or incorrect orders
- 9.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem by emailing the address noted in clause 9.4.1, or writing to us at the address noted in clause 9.4.2. Therefore, upon receipt of your goods you should inspect your goods to ensure they have not been damaged in transit, and they are what you ordered, and the delivery is of a correct quantity. To assist us, and to minimise any delays, in addressing your problem you should report any problem (please quote your Order ID number when contacting us) within 24 hours of the delivery of the goods in question. Not doing this may lead to delays in addressing your problem.
10 A Consumer’s right to cancel the Contract
- 10.1 The right to cancel the Contract detailed in this clause 10 shall only apply if: (a) you are contracting as a Consumer; and (b) you are ordering from a country in the European Economic Area. The right to cancel as set out in this clause 10 shall not apply to Content purchased and downloaded through our website. By clicking to download the Content from our website, you agree that we may commence provision of the service (i.e. the provision of the Content to you) before the expiry of the relevant cancellation period.
- 10.2 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
- 10.3 You cannot cancel your contract if you return the goods without proof of purchase.
- 10.4 To cancel your contract you must notify us in writing by:
- 10.4.1 e-mailing us at firstname.lastname@example.org; or
- 10.4.2 writing to us at Palliativedrugs.com Limited, The Study Centre, Hayward House, Nottingham University Hospitals NHS Trust, City Hospital Campus, Hucknall Road, Nottingham NG5 1PB.
- 10.5 If you have received the goods before you cancel your contract then, unless under clause 9.3 you do not have a right to cancel, you must send the goods back to us at the address noted in clause 9.4 at your own cost and risk. You must take reasonable care to see the goods returned to us are not damaged in transit. We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening. The goods must be complete and in an ‘as new’ condition. If you have opened the box to examine the goods you must have done so using reasonable care. The goods should be returned with the original accessories and, where possible, the original box and packaging.
- 10.6 If you cancel your contract, but we have already processed the goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address noted in clause 9.4.2 at your own cost and risk as soon as possible. Again, you must take reasonable care to see the goods returned to us are not damaged in transit. We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening.
- 10.7 Once you have notified us that you are cancelling the Contract, any sum debited by us from your debit or credit card will be re-credited to your account or, if you have paid by cheque, a refund cheque will be sent to you, as soon as possible and in any event within 30 days of your cancellation. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
11 Return of faulty goods
- 11.1 In the unlikely event of a fault with your goods please contact our support staff by e-mailing: email@example.com.
- 11.2 Our support staff will contact you regarding the alleged fault. If your goods need to be returned to us, our support staff will give you further instructions. Please also enclose with the return package a written description of the alleged fault in the goods. The return to us of the allegedly faulty goods will be at your own cost and risk. We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening. When returning the goods to us please do not use a premium courier service (e.g., same day delivery) because we will only refund to you your reasonable direct costs of delivering the goods to us if the fault is verified.
- 11.3 Upon receipt of the allegedly faulty goods, the reported fault will be investigated. If we verify the fault (or you have the fault verified by an independent expert) we will refund the reasonable direct costs of delivering the faulty goods to us and we will offer you either a refund, repair or exchange as is reasonable in your specific circumstances.
- 11.4 However, if we cannot verify the fault (or you cannot have the fault verified by an independent expert) or we prove the goods are not faulty, the returned goods will be returned to you. You will be responsible for the cost of postage and packaging for the return of the goods to you in such circumstances.
- 11.5 To qualify for a refund or exchange of the goods:
- 11.5.1 you must give us proof of purchase (e.g., a receipt or credit or debit card receipt); and
- 11.5.2 the goods must otherwise be in an ‘as new’ condition and complete with any original accessories (and, if possible, the original box and packaging).
- 11.6 Please return the goods to us at the address noted in clause 9.4.2.
- 11.7 We will not repair, exchange or refund goods whose fault was caused through accident, neglect, misuse or normal wear and tear.
- 12.1 We warrant to you that any goods you purchase from us through this website will, on delivery, conform with their description, be of satisfactory quality and reasonably fit for all purposes for which goods of that kind are commonly supplied.
- 12.2 If you or we notify a problem under clauses 6.4, 8.1 or 10, our only obligation to you will be, at your option (subject to as otherwise provided for in those clauses):
- 12.2.1 to make good any shortage or non-delivery; or
- 12.2.2 to refund to you the amount paid by you for the goods in question in whatever way we choose.
- 12.3 Clause 11.4 shall only apply if you are contracting as a Consumer and you are ordering from a location in the European Economic Area.
- 12.4 We will not be liable under the Contract for any loss, damage or expense you suffer as a result of us breaking any of our obligations if the loss, damage or expense is not a foreseeable consequence of us breaking our obligation. Loss, damage or expense is foreseeable where they could be contemplated by you and us at the time our contract with you is concluded. We are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
- 12.5 Clause 11.5 shall not apply if you are contracting as a Consumer and you are ordering from a location in the European Economic Area. Subject to clause 11.7:
- 12.5.1 our total liability to you in respect of all losses or damages, costs, expenses or other claims arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the purchase price of the goods you purchased; and
- 12.5.2 we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of profit, loss of business, loss of revenue or contracts, depletion of goodwill (whether direct, indirect or consequential) or any indirect or consequential losses or damages, costs, expenses or other claims whatsoever which arise out of or in connection with the Contract.
- 12.6 We will take reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
- 12.7 Our liability to you shall not in any way be limited:
- 12.7.1 for death or personal injury caused by our negligence;
- 12.7.2 for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- 12.7.3 under section 2(3) of the Consumer Protection Act 1987;
- 12.7.4 for fraud or fraudulent misrepresentation; or
- 12.7.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 12.8 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 website. If you order goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. 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. Please contact your local customs office for further information before placing your order.
- 12.9 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under English law.
13 Additional terms
- 13.1 Additional terms and conditions may apply for our offers or to the purchase of specific goods. If so, you will be advised of them at the relevant point.
14 Written communications
- 14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices and other communications that we provide you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- 15.1 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 noted in clause 9.4.2 or by email to firstname.lastname@example.org and all notices from us to you will be emailed to you at the email address you provided us when you submitted your order.
16 Events beyond our control
- 16.1 We shall have no liability to you for any failure to deliver goods you have ordered, or any delay in doing so, that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- 16.2 Our performance under any Contract is deemed to be suspended for the period that the event of the type described in clause 15.1 continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event of the type described in clause 15.1 to a close or to find a solution by which our obligations under the contract may be performed despite the event of the type described in clause 16.1.
- 17.1 If any court of competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent (including any provision in which we exclude our liability to you) the terms will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- 18.1 We do not accept amendments to these terms and conditions unless they are agreed in writing by one of our directors.
- 19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and condition, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
- 20.1 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for goods to any third party unless agreed upon in writing by us.
- 20.2 We reserve the right to transfer, assign, novate or sub-contract the whole or part of any of our rights or obligations under these terms and conditions or any related contract to a third party.
21 Third party rights
- 21.1 Except for our directors, employees or representatives, a person who is not a party to our contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these terms and conditions. However, this does not affect any right or remedy of a third party that exists or is available apart from that Act.
22 Governing law
- 22.1 The Contract between us and any dispute or claim out of or in connection with the goods purchased (including non-contractual disputes) shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us. English is the language offered for the conclusion of the Contract between you and us.
23 Entire agreement
- 23.2 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
24 Who we are
- 24.1 This website is operated by, and any contract for the sale of goods will be with, Palliativedrugs.com Limited (company number: 03920371), a company registered in England and whose registered office address is at The Study Centre, Hayward House, Nottingham City Hospital, Nottingham, Nottinghamshire, NG5 1PB. Our VAT number is: 763-5239-18.