Terms of Supply

Nelsons’ Pharmacy

Online Terms of Supply

 

Introduction

Ordering and availability

Delivery

Delivery outside the United Kingdom

Shipping licensed medicines, made-to-order homeopathics or “specials” from the Pharmacy to overseas customers

The shipping of products from the Pharmacy that do not require a medicinal license overseas

Shipping products to fulfil trade order

Risk and ownership

Price and payment

Consumer cancellation rights

Our refunds policy

Unsatisfactory Products

Product information

Our liability

General

 

Introduction

These are the terms and conditions of supply for products ordered on www.nelsonspharmacy.com (Site). The Site is operated by or on behalf of Nelson Pharmacies Limited, trading as Nelsons Homeopathic Pharmacy (we, us and our). We are a limited company, registered in England. Our registered company number is 1698162, and our registered office is at Nelsons House, 83 Parkside, Wimbledon, London SW19 5LP.  We are regulated by the General Pharmaceutical Council. Our VAT registration number is 318599419.

 

Your purchase of any of the products offered on the Site (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms and conditions for future reference. Use of the Site itself is subject to our Website Terms of Use.

 

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 23 April 2018.

 

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

 

Ordering and availability

To order any Product, you must be at least 18 years of age (or, if you live outside the United Kingdom, any older age legally required under local law to bind yourself legally to these terms and conditions). By doing so, you confirm to us that you meet this requirement.

 

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay Now" button on the checkout page.

 

After placing an order, you will receive an acknowledgment from us that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance by sending you a confirmation that your order has been despatched (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Order Confirmation.  After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

 

The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.

 

Whilst we use reasonable endeavours to carry sufficient stock, if your order includes any Product(s) not available from stock or which have been discontinued, we will contact you to let you know and to discuss substitution of appropriate similar product(s).

 

Delivery

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless your order is for international delivery outside of Europe and or unless there are exceptional circumstances, but we always aim to deliver much more quickly – within five working days to addresses in the United Kingdom and Republic of Ireland.

 

Your order will be delivered to the delivery address you specify when placing your order.

 

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.

 

Products comprised within the same order cannot be delivered to different addresses.

 

Deliveries are made by un-tracked national mail service, or courier, and take place on Monday to Saturday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours of 7am and 6pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

 

Our delivery costs are as follows:

 

UNITED KINGDOM

Orders under £15                                     £ 4.60

Orders over £70                                        FOC

Next Day                                                      £11.50

 

Next day delivery requires that you purchase before 12pm, so we have time to manufacture your remedy and process delivery.

 

EUROPE

Under £10                                                   £5.50                         Bach boxes

£10-£69.99                                                 £15                             1 box                         £45

£70 and over                                               £25                             2 boxes                     £65

 

REST OF WORLD

Under £15                                                   £8.50                         Bach boxes

£15-£69.99                                                 £25                             1 box                         £85

Over £70                                                      £40                             2 boxes                     £120

Over £150                                                   £70

 

Delivery outside the United Kingdom

If you order Product(s) for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and 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. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

 

Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.

 

Shipping licensed medicines, made-to-order homeopathics or “specials” from the Pharmacy to overseas customers

Our Pharmacy is based in London and all the products we sell or make are licensed under the relevant UK regulatory body (MHRA) however this does not mean they carry the same license in all countries. E.g. a product classified as a homeopathic medicine or herbal remedy in the UK might be classified differently elsewhere. We uphold the highest standards to ensure all our products meet the relevant trade body licensing but unfortunately this is not something we can do for all countries therefore we cannot ship these products overseas.

Also, customs’ regulations differ between each country and we cannot ensure each product complies with the each country’s regulations. This also applies to the shipping of third party products.

 

The shipping of products from the Pharmacy that do not require a medicinal license overseas

We can ship RESCUE®, Spatone® and Bach Original Flower Remedies overseas but you will need to make sure the product complies with local customs regulations.

 

Shipping products to fulfil trade order

Unfortunately we do not fulfil trade orders; these should be directed to the local Distributor.   

 

Risk and ownership

The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

 

Price and payment

The price of Products is as quoted on the Site from time to time.

 

Product Prices include VAT but exclude delivery costs (as set out in our Delivery Details) which will be automatically added to the total amount due when you view the items in your shopping basket.

 

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

 

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

 

Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards.

 

We will charge your credit or debit card at the time you place your order.

 

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

 

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

 

Consumer cancellation rights

Except as specified below, you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you.

 

If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (see below).

 

To cancel a Contract, you must clearly inform us, preferably:

 

  • by email to:mailorder@nelsons.net, giving us your name, address and order reference; or
  • by completing and submitting our cancellation form available below

 

You must also return the Product(s) to us within 14 days after the day of notifying us of the cancellation, in the same (unused) condition in which you receive them. This does not prevent you from taking any reasonable steps to examine the Product(s), to the same extent you would in a shop but, for safety and hygiene reasons, you will not be able to cancel a Contract if you have opened the inner sealed packaging of the products (for example, if you have opened the bottle, jar, can or foil in which the products are contained).  You will not be able to cancel a Contract if the products have been made to your specification or are personalised, or if they are medicinal products by administration by a prescriber or under a prescription or directions given by a prescriber, or if the products are liable to deteriorate or expire rapidly.  You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.

 

To return the Product(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail, to the following address:

 

Nelsons Homeopathic Pharmacy

87 Duke Street

Grosvenor Square

Mayfair

London W1K 5PQ

 

We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s) to us, except in the case of items which we substitute if the precise Product(s) you order are not in stock.

 

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.

 

Our refunds policy

 

If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address (see above). We will refund the price paid in full, including the cost of standard delivery. However, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

 

Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

 

Unsatisfactory Products

If any Product you order is damaged or faulty or otherwise not of satisfactory quality when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or otherwise not of satisfactory quality, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

 

Product information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

 

Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

 

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
  • under Part I of the Consumer Protection Act 1987; or
  • for any other liability that, by law, may not be limited or excluded.

 

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

 

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

 

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.

 

If we fail to enforce any of our rights, that does not result in a waiver of that right.

 

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

 

These terms and conditions may not be varied except with our express written consent.

 

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

 

These terms and conditions shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

 

You agree that any dispute between you and us regarding these terms and conditions or any Contract will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

 

 

Model Cancellation Form

To:

Nelsons Homeopathic Pharmacy

87 Duke Street

Grosvenor Square

Mayfair

London W1K 5PQ

mailorder@nelsons.net

I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods:

………………………………………………………………….

………………………………………………………………….

………………………………………………………………….

Ordered on* / received on*:………………………………..

Names of consumer(s):…………………………………….

Address of consumer(s):…………………………………..

………………………………………………………………….

………………………………………………………………….

Email address:.........................................

Phone number:......................................

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

Date:…………………………………

 

*Delete as appropriate