Please note that these Legal Terms may be varied from time to time. Please read these Legal Terms carefully and make sure you understand them before using or purchasing anything on our Site or via our App. Before you can place an order on our Site or via our App, you will be asked to accept these Legal Terms. By visiting and using our Site or App or otherwise indicating your consent, you acknowledge, accept and agree to be bound by these Legal Terms, and the documents referred therein. If you do not agree with or accept any of these Legal Terms, you must immediately stop using our Site and our App. The details of this Agreement will not be filed with any relevant authority.
In this Agreement, a reference to:
1.1 A statutory provision includes a reference to the statutory provision as modified or re-enacted or both from time to time whether before or after the date of this Agreement and any subordinate legislation made under the statutory provision whether before or after the date of this Agreement;
1.2 A document is a reference to that document as modified or replaced from time to time;
1.3 The singular includes the plural and vice versa (unless the context otherwise requires)
1.4 A clause or schedule, unless the context otherwise requires, is a reference to a clause of or schedule to this Agreement; and
1.5 The words other, includes, including, for example and in particular shall not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.
2.1 Our Site is for your personal and non-commercial use only.
2.2 If you buy products and services on our Site or via our App, you agree to be legally bound by:
2.2.1 These Legal Terms and any documents therein;
2.2.2 Supplementary terms, which may add to, or replace parts of, this Agreement (this may happen for legal, regulatory or security reasons); and
2.2.3 Specific terms which apply to certain products and services.
2.3 You agree that you are solely responsible for:
2.3.1 All costs and expenses you may incur in relation to your use of our Site or App; and
2.3.2 Keeping your password and other account details confidential.
2.4 If you access our Site or App from outside the UK, you are responsible for compliance with local laws where they are applicable.
2.5 We seek to make our Site and App as accessible as possible. If you have any difficulties using our Site or App, please contact us at [email protected].
2.6 We may prevent or suspend your access to our Site or App if you do not comply with any part of these Legal Terms, any other terms or policies to which they refer or any applicable laws.
This Agreement sets out your legal rights and responsibilities, our legal rights and responsibilities, and key information required to be provided under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the Electronic Commerce Regulations 2002.
In this Agreement:
It is the responsibility and the obligation of:
- Our doctors to write and review your medical information and prescribe treatments.
- Our pharmacy to dispense:
Please note that we do not deliver nor assume responsibility for the delivery of the products to the EU/EEA.
3.2 Our company details
3.3 Regulatory organisations
We are registered with and regulated by the following organisations:
3.4 Prescription and supply of medication
3.4.1 We will provide you with access to an online consultation with an UK or EEA doctor ("Doctor") to diagnose and treat your medical conditions.
3.4.2 Consultations, prescriptions and treatments are subject to these Legal Terms.
3.4.3 We believe that it is in your best interests that we inform your local General Practitioner ("GP") about this consultation. Without your consent, we will not be able to do so and our Doctors will assume responsibility for your care and aftercare whilst you are a client of our private service.
3.4.4 All products will be dispensed by UK-registered pharmacists, pursuant to prescriptions issued by doctors. Full details of our Doctors and pharmacists are available on our Site.
3.4.5 The products will be sold and supplied to you:
a) When dispensed and dispatched by our pharmacy for UK orders;
b) When dispensed at our pharmacy in the UK. You may (1) personally collect the products from our pharmacy in the UK or arrange for someone to collect them on your behalf; or (2) request us to pass your delivery order on to a designated independent delivery company, which will collect the products from our pharmacy in the UK on your behalf and deliver them according to your instructions.
3.5.1 Warranties by You
a) You warrant and undertake to complete our online consultation questionnaire truthfully and honestly, revealing and disclosing all relevant information to the best of your knowledge.
b) This Agreement becomes immediately void if you answer any question untruthfully.
3.5.2 Warranties by Us
a) We warrant and undertake that your consultation questionnaire will only be viewed by the doctor and his medical staff for the purpose of treating your medical condition.
b) We warrant and undertake that any prescription that the Doctor may issue or any product he or she may prescribe is only filled and dispensed by qualified and registered pharmacists.
3.6 Description of medication
The description of the medication is subject to prescription.
The product price and service price are subject to prescription and medical conditions.
3.8 Ordering products and services
3.8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the products:
a) Are of satisfactory quality;
b) Are fit for purpose; and
c) Match the description, sample or model.
3.8.2 We must provide you with products and services that comply with your legal rights.
3.8.3 If you are under the age of 18 you may not buy any products from the site. If we are notified that you are under 18 or were under 18 ("under age"), when you entered, attempted or attempt to enter into any transactions on our Site or App, we will immediately prevent you from entering into any transactions or using your account or obtaining any products and services from our Site or App. We shall investigate the claim that you are or were under age, including whether in fact you have been using our service for or at the behest or on behalf of another person, and we will notify relevant authorities, whether they be your parents, guardians or regulatory bodies that you have sought to use or used our Site or App while you were or are under age.
3.8.4 You place an order on our Site or App by completing and submitting an online medical questionnaire which is reviewed and assessed by a Doctor. The Doctor may then issue a prescription which is dispensed by our UK pharmacist. Please read and check your order carefully before submitting it.
3.8.5 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.8.6 We may contact you to say that we do not accept your order. This might be in reason of, but not limited to the following reasons:
a) We cannot authorise your payment;
b) You are not allowed to buy the products or services from us;
c) The Doctor refers you to your family doctor or general practitioner;
d) You have ordered too many products or services within a specific period of time; and
e) There has been a mistake on the pricing or description of the products or services.
3.8.7 We will only accept your order when we email you to confirm this ("Dispensing Confirmation Email") – this applies to orders intended for delivery to the EU). At this point:
a) A legally binding contract will be in place between you and us; and
b) We will make the goods available to you or to your appointed representative or to your designated delivery company to collect at our pharmacy in the UK.
3.8.7A If you choose to ask us to pass on your delivery instructions to a designated independent delivery company, there will be a contract between you and this designated delivery company, which is separate from your contract with us. The terms and conditions of Kwik Shipments Limited, if you choose to designate them as your delivery company, are set out below.
3.8.7B If you have not asked us to pass on your delivery instructions to a designated delivery company and your products remain uncollected for 14 days after we have sent you the Dispensing Confirmation Email, we will send you a Reminder to Collect email. If within 14 days of sending you the Reminder to Collect email, you do not collect the products or arrange for them to be collected by a courier or someone else on your behalf, we may dispose of them and you will not be entitled to a refund.
Please note that we are not responsible for dispatching or arranging the delivery of the products to you and you are responsible for and must arrange for, and pay for, the delivery of the products separately. You may use the services of a designated delivery company, which will be responsible for collecting your products from our pharmacy premises in the UK and delivering them to you, to the address of your choice, if you have selected this method of delivery.
3.8.8 We will only accept your order when we email you to confirm this ("Dispatching Confirmation Email") – This applies to orders with UK, Brazil and Switzerland delivery addresses. At this point:
a) A legally binding contract will be in place between you and us; and
b) We will dispatch the products to you.
3.8.9 If we cannot supply certain products, we may need to substitute them with alternative products of equal or better standard and value. In this case we will let you know if we intend to do this but this may not always be possible. You can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
3.8.10 The packaging of the products may be different from that shown on the Site.
3.8.11 Treatments will be charged per prescribed item, at the price indicated on our Sites or on our App at the time of dispensing the products.
3.8.12 Nothing in this Agreement affects your legal rights under the various relevant Acts.
3.9.1 We accept the following debit and credit cards: Visa, Visa Electron, MasterCard, and American Express. We also accept cheques which must be made payable to Hexpress Healthcare Limited.
3.9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
3.9.3 Your credit card or debit card will only be charged when the products are dispensed and dispatched for orders we deliver; and when the products are dispensed and made available for collection, for EU orders.
3.9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
3.9.5 The price of the products is:
a) In pounds sterling (£)(GBP); or
b) In another European currency or non-European currency; and
c) Inclusive of VAT (for orders we deliver); or
d) Exclusive of VAT (for EU orders, if applicable). You will be responsible for paying VAT.
3.9.6 Delivery fees will be collected by us for EU orders when you pay for your order as agent for your designated delivery company and will be passed on to them. They will perform their collection and delivery services under a separate contract between you and them. The contract between you and us is completed at the point when we dispense the goods and make them available for collection by you or by your representative or by your designated delivery company or nominated courier, and does not include any delivery services.
3.9.7 Please note that you shall be responsible for paying import duties or other taxes (if applicable). If you are located in the EU/EEA and ask a delivery company to deliver your products to an EU/EEA address outside the United Kingdom, you should contact your local customs for more information regarding costs and procedures. As a buyer, you may also be the importer of record and you must make sure that your ordered products are compatible with the laws of your country.
3.10 Supply and Refund
3.10.1 We use Royal Mail delivery service or UPS to deliver the products in the UK and outside the European Economic Area (EEA), and we will not charge extra for next day delivery. Delivery of the products will take place when we deliver them to the address that you gave us and the risk in the products passes to you when you take possession of the products. You will have to provide the delivery representative with your ID (passport or photocard driving licence) before you can take delivery of the products. If you are not home to receive and sign for your delivery, a calling card will be left, which will provide details of where you can collect the products. You can request to have your products delivered to your workplace or to any other address. Once a package is shipped, you are bound by the terms and conditions of use of our shipping agents or representatives.
3.10.2 The products will be supplied to you, for EU orders, when dispensed at our pharmacy in the UK at 144 Mitcham Road, London, SW17 9NH, United Kingdom, and when we notify you or your designated delivery company or nominated courier that they are available for collection, at which point title to the products, possession and risk will pass to you.
Right to cancel and Refund
3.10.3 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – Part 3 – Right to cancel – Regulation 28 specifies exceptions to the right to cancel:
28. – (1) This Part does not apply as regards the following –
1) The supply of goods that are made to the consumer's specifications or are clearly personalised;
2) The supply of goods which are liable to deteriorate or expire rapidly;
3) The rights conferred by this Part cease to be available in the following circumstances-
a. In the case of a contract for the supply of sealed goods which are not suitable for return due to health protection.
3.10.4 In light of the above and in view of the type of products and services offered on our Site, this exception applies and you have no right to cancel. We are however exercising our discretion and giving patients the right to cancel their order: up to the point when their products are dispatched to the UK, Brazil or Switzerland; and up to the point, for EU orders, when their products are dispensed and made available for collection. The pharmacist must destroy any medication within 60 days of it being returned, even unopened boxes, so we are not able to offer refunds once the products have been dispatched by our pharmacy to the UK, Brazil or Switzerland, or have been collected by you or by a designated delivery company on your behalf for delivery to an address in the EU/EEA.
3.10.5 We may cancel your order at any time, with immediate effect, after notifying you, and we may cancel an order before the dispensing of products or provision of services takes place. If we cancel an order and you have paid in advance, but the products or services have not yet been provided to you, you will be refunded in full. You will not be entitled to a refund where the supply of products and services is prevented, delayed or hindered because of an action you have taken or for reasons beyond our control or unrelated to us.
3.10.6 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement. We will make the reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
3.10.7 If you cancel this Agreement prior to the point of dispensing the products (for EU orders), we will reimburse to you all payments received from you. If you cancel this Agreement prior to the point of dispatch (for deliveries to the UK, Brazil and Switzerland), we will reimburse to you all payments received from you. If this Agreement is ended, it will not affect our right to receive any money that you owe us under this Agreement.
4.1 We own the Site and App and all Intellectual Property Rights in them including but not limited to any Content. Intellectual Property Rights mean rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other Intellectual Property Rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Legal Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
4.2 All material contained and presented on our Site or App, including but not limited to text and graphics is our copyright or similar rights, unless otherwise expressly stated. We reserve all its rights and strictly forbid any unauthorised use or duplication. Any statutorily authorised rights to print or download are strictly limited for your sole personal use. No material, however, can be used for any commercial purpose whatsoever.
4.3 The use of any trade marks on our Site or App is strictly prohibited unless you have our prior written permission. Any copies of the pages of our Site or App which you save, by any means whatsoever can only be used for subsequent viewing purposes or to print extracts for personal use. Unless otherwise expressly permitted in writing, you may not create a database in any form whatsoever of these webpages.
4.4 You agree not to adjust, to try to circumvent, or delete any notices contained on our Site or App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within our Site or App.
4.5 Nothing in these Legal Terms grants you any legal rights in our Site or App other than as necessary to enable you to access our Site or App.
5.1 Software may be made available for you to download in order to help our Site or App work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an 'end user licence agreement' or 'EULA'). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider's legal responsibilities are, and provisions that limit a software provider's legal responsibilities to you).
5.2 All such software is solely for your personal use in a non-commercial manner.
5.3 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Legal Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
6.1 While we try to make sure that our Site and App are secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable ("Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions.
6.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor our Sites to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
6.3 We may disclose your information to a third party as part of a sale or initial public offering of our assets or any subsidiary, division or affiliate of us, or as the result of a change in control of us or any one of our affiliates, subsidiaries or divisions, or in preparation for any of these events. Any third party to which we transfer or sell assets to will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Agreement.
6.4 By using our Site or App and giving your information to us, you indicate consent to us, our group and third parties collecting and using your personal information in accordance with these Legal Terms.
6.5 We will only use the information that we collect about you lawfully and in accordance with the relevant Acts.
7.1 We do not represent nor make any warranty in respect of the accuracy, reliability or continuous supply of any of the information on our Site or App. While we try to make sure that our Site and App are accurate, up-to-date and free from bugs, we cannot promise that they will be. Furthermore, we cannot promise that our Site and App will be fit or suitable for any purpose. Any reliance that you may place on the information on our Site or App is at your own risk.
7.2 We may suspend or terminate the operation of our Sites at any time as we see fit.
7.3 Any Content is provided for your general information purposes only and to inform you about us, our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
7.4 While we try to make sure that our Site is available for your use, we do not promise that our Site is available at all times nor do we promise the uninterrupted use by you of our Site.
Our Site and App may contain hyperlinks or references to third party websites other than our Site and App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website.
9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
9.1.1 Losses that:
a) Were not foreseeable to you and us when this Agreement was formed, and
b) That were not caused by any breach on our part;
9.1.2 Business losses; and
9.1.3 Losses to non-consumers.
9.2 Any reliance you place upon any material on our Site or App will be at your sole risk. We reserve the right in our sole discretion, but without any obligation, to make amendments or improvements to, or withdraw or correct any error or omission in any portion of the material without notice.
9.3 Our services and information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in making any specific medical or other decision. Appropriate independent medical advice should be obtained before making any such decision.
9.4 Our services and the materials on our Site are provided by us on an "as is" basis, and we expressly disclaim any and all warranties (subject to clause 3.5.2 above), express or implied, to the extent permitted by applicable law.
9.5 To the fullest extent permitted by applicable laws, we hereby exclude liability for any claims, loss, demands or damages of any kind whatsoever with respect to our services, products, information and materials given by us including, without limitation, direct, indirect, incidental or consequential loss or damages. The foregoing will apply regardless of whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.
9.6 Our Site and App may be viewed or accessed outside the United Kingdom. However, they must not be used in a place where the law of another jurisdiction governs the use of our Site or App. We cannot guarantee that any documentation on our Site or App may be used anywhere outside the UK or that the use of these documents will comply with the laws in force in locations outside the jurisdiction of England and Wales. Access to our Site or App from territories where their content is illegal is prohibited under these Legal Terms. We do not accept any liability incurred for any event arising from your illegal use of our Site or App from locations outside the United Kingdom.
9.7 Your visit to and use of our Site or App and any dispute over liability is subject to these disclaimers under this Clause 9 and the laws of England and Wales.
10.2 We are committed to protecting and respecting your privacy and to using technology to enhance your online security. Before you use certain areas of our Site or App, we ask you to register on it by requiring you to enter your personal information, including sensitive personal data. We will not release to any third party any personally identifying information obtained in this way, without your prior consent. We will only use the information that we collect about you lawfully and in accordance with applicable laws.
10.3 In respect of the aforementioned sensitive personal data, by accepting this Agreement, you grant us explicit consent to collect and release such data to select parties including third parties. We will limit the collection and use of such information to the minimum required to deliver, develop and improve our services and other opportunities and the better administration of the Doctor's consultation.
10.4 The personal information that we hold will be held securely in accordance with our internal security policy and the law and to make sure your personal information remains confidential, we communicate these privacy guidelines to all of our employees.
10.6 For credit card payments, we use a secure SSL/256 bit encryption.
10.7 Cookies are used on our Site to improve quality.
10.8 In accordance with the Privacy & Electronic Communications Act passed into law on 11 December 2003, we do not send random (third party) marketing emails to personal email addresses (spam).
10.10 You authorise us, at any time, to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information, and you consent to have your identity verified using credit data information sourced on our behalf by third party providers that we may use from time to time.
10.11 Your visit to and use of our Site or App and any dispute over privacy is subject to this Privacy Statement and the laws of England and Wales.
We shall have no liability to you for any breach of these Legal Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident.
No changes to these Legal Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these legal Terms from time to time. Our new Legal Terms will be displayed on our Site and App, and by continuing to use and access our Site or App following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Legal Terms from time to time to verify such variations.
13.1 We will try to resolve any disputes with you quickly and efficiently using our internal complaint handling procedure Complaints policy.
13.2 Please contact us as soon as possible if you are unhappy with the products, our services and any other matter.
13.3 If you are dissatisfied with the outcome of your complaint, you can visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06. You can also contact the Medicines and Healthcare products Regulatory Agency (https://www.gov.uk/government/organisations/medicines-and-healthcare-products-regulatory-agency) and the General Pharmaceutical Council (https://www.pharmacyregulation.org/raising-concerns).
No one other than a party to this Agreement has any right to enforce any term of this Agreement.
15.1 Our Auto Repeat Prescription service ("ARPS") allows you to continue your treatment without interruption (between review dates set by our Doctors) via the continuous supply of your medication further to your obtaining repeat prescriptions from our Doctors ("ARPS subscription"). Prescriptions are Doctors' written authorisations for a patient to purchase a prescription-only medicine from our pharmacy. Under an ARPS subscription, you can obtain at a discount repeat prescriptions from our Doctors. We will supply your Auto Repeat Prescription product ("APP") to you on a recurring basis in accordance with your choice and subject to Doctors' recommendations, and will charge your payment card. By purchasing an APP from us, you authorise us to charge your payment card on an agreed recurrent basis for a specified amount at specific intervals chosen by you, and recommended and approved by our Doctors. Please note that some treatments are only available under the ARPS. Please note also that our overall service consists of doctor and pharmacy services (consultation, prescription, medication and dispensing) and the fees as displayed on our Site, cover our overall costs.
15.2 You may cancel your subscription at any time by writing to [email protected] or via the 'Manage my prescription' section in your dedicated patient area. Once your subscription is cancelled, you will have revoked your payment authority to us and we will not charge your payment card any further or dispense any products to you. Should your payment card expire or fail for any other reason, and you do not provide updated payment details, we will automatically cancel your subscription and if products have already been supplied to you and your card has already been charged, we will not be able to offer you a refund. Please note that the provisions of clause 3 apply to refunds pertaining to your ARPS subscription. Please note also that your ARPS subscription will be cancelled should our Doctors determine that this ARPS subscription is no longer necessary or relevant to the treatment of your condition, and the cancellation provisions in this Agreement shall apply.
This Agreement and all acts, transactions, disputes and controversies arising hereunder or relating hereto, and all rights and obligations of the parties shall be governed by, and construed in accordance with, the laws (and not the conflict of laws rules) of England, and are subject to the exclusive jurisdiction of the courts of England and Wales.
The following general terms and conditions ("GTC") define our agreement with you ("Agreement") and provide you with information about us, as well as information as to how we make our collection and delivery services available. Please note that these GTCs may be varied from time to time, and you acknowledge, accept and agree to be bound by these GTCs. Please read these GTCs carefully and make sure you understand them before you place an order to use our services. Before you can place an order for our services, you will be asked to accept these GTCs. The details of this Agreement will not be filed with any relevant authority by us.
Introduction and Parties
1. This Agreement sets out your legal rights and responsibilities, our legal rights and responsibilities, and key information required to be provided under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the Electronic Commerce Regulations 2002.
2. In this Agreement:
"We", "Us" or "Our" or "Designated delivery company" means Kwik Shipments Limited.
"You" or "Your" means the person placing an order for our Services appointing us to collect a Parcel from a Collection Point and deliver that Parcel to the Delivery Point.
"Parcel" means any article, of any kind, that may be or is intended to be collected by our appointed courier, from the Collection Point, in order to be delivered to the Delivery Point.
"Collection Point" means the collection address you provide us and from where your Parcel is collected by or received by our courier.
"Delivery Point" means the delivery address you provide us and to which our courier delivers your Parcel.
"Damaged Parcel" means a Parcel that is no longer in the state in which we have received it or which is or becomes a risk to your health and to your safety.
"EU" means the European Union and as used in this Agreement also includes the other states in the European Economic Area, but excludes the United Kingdom.
"Service(s)" means our collection and delivery services.
"Service Fee" means the fee you must pay us for our collection and delivery services.
A reference to:
- A statutory provision includes a reference to the statutory provision as modified or re-enacted or both from time to time whether before or after the date of this Agreement and any subordinate legislation made under the statutory provision whether before or after the date of this Agreement;
- A document is a reference to that document as modified or replaced from time to time;
- The singular includes the plural and vice versa (unless the context otherwise requires);
- A clause or schedule, unless the context otherwise requires, is a reference to a clause of or schedule to this Agreement; and
- The words "other", "includes", "including", "for example" and "in particular" shall not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.
Our company details
3. We are registered in England and Wales under company number 12301817.
4. Our registered office address is at 72 Curzon Avenue, Birstall, Leicester, LE4 4AD, United Kingdom.
Our Service and service obligations
5. By placing an order for Services on this website, you confirm that you understand and agree to be legally bound by these GTCs.
6. Before we provide you with Services, you must pay us a Service Fee.
7. We will have the right to make any necessary changes to the Services that do not materially affect the nature or quality of our service and/or to comply with applicable laws or a security requirement. We will inform you of these changes.
8. Our Services will be provided using precautions and reasonable skills. We may sub-contract the provision of Our Services in whole or in part to other carriers.
Collection and Delivery
9. We will collect your Parcel, on your behalf, from the Collection Point, and will deliver your Parcel to you according to your delivery instructions to the Delivery Point.
10. We will deliver your Parcel to you during normal working hours. If we do not or cannot get a delivery receipt at the Delivery Point, we will ask you to contact us to arrange an alternative delivery method for delivery to the Delivery Point. If you do not contact us to arrange an alternative delivery within 3 days, we will return your Parcel to the Collection Point at your own expense.
11. If we consider that your Parcel is damaged and cannot be delivered, we reserve the right to immediately dispose of the Damaged Parcel.
12. For deliveries to EU Delivery Points, you agree that the Service Fee will be collected by Hexpress Healthcare Limited when you pay for your order as our agent and will be passed on to us by Hexpress Healthcare Limited. We will perform our Services under this separate Agreement between you and us. This Agreement between you and us is completed at the point when you pay for our Services.
PLEASE READ THIS CLAUSE CAREFULLY
13. If damage to your Parcel occurs as a result of our handling, our liability shall be limited to the value of your Parcel or to the amount that we could be reasonably expected to charge you for providing the Services.
14. We will be solely liable for any damages or losses to you caused by our negligence, breach of duty or other wrongful act or omission, and we shall not be liable for any direct or indirect loss or any other special or indirect loss, costs, damages, or any claim that does not occur naturally as a result of our negligence, our failure, or any other unlawful act or omission.
15. We will not be liable for late, missed, or failure of, delivery, caused by deficient or ambiguous labelling of the Parcel.
16. If the performance of any of our obligations under these GTCs is prevented or delayed by any act or omission on your part, or by the breach of any of your obligations ("your non-performance"), we shall have the right to suspend execution of the Services until you remedy your non-performance; and we shall not be liable for any costs or losses you may incur in direct or indirect consequence of our failure or delay in executing one of our obligations in such circumstances.
17. If we are invited to collect or deliver a Parcel in a country other than the United Kingdom, our conditions of liability will be governed by the relevant provisions of the Convention on the Contract for the International Carriage of Goods by Road as set out in the Annex to the Carriage of Goods by Road Act 1965 (as amended) ("CMR Regulation"), which you are deemed to have read, understood and accepted.
Import tariffs, customs duties and VAT
18. We shall not be responsible for local customs duties, import tariffs, value-added tax ("VAT"), and any other similar charges ("Charges") incurred in connection with your importation of the Parcel and the delivery of your Parcel to you, nor shall we be responsible for making sure that you can pay these Charges, before completing your order with us. You agree that you are responsible for such Charges and if such Charges are due to the carriage and/or delivery of your Parcel on your behalf and that we are charged by a competent authority, you agree to fully refund us within 7 days of our request.
Claims and refunds
19. We will not be liable for any loss or damage unless you notify us in writing or by email at: [Insert customer service email address] within 7 days of delivery of your Parcel, in the event of damage to the entire or part of the Parcel or the loss of part of the Parcel; and in all other cases, (including, but not limited to, the loss of an entire Parcel) within 14 days of the date we obatined your consent.
20. Refunds may be made at our discretion and in accordance with service provisions made available to you at the time of payment.
21. If a refund is accepted, it will be done through the payment method used to book the transaction or with a prepaid account.
22. Refunds may only be processed with the contracting party which has reserved the order.
23. We do not offer refunds for consecutive losses.
24. Refunds must be requested within 28 days of the date of your order.
25. Our Service Fee will be collected by Hexpress Healthcare Limited on our behalf as our agent when you pay for our Services and will be passed on to us. We will collect your Parcel from the Collection Point and deliver your Parcel to the Delivery Point in accordance with this Agreement between you and us. This Agreement between you and us is entered into at the point when you pay for our Services.
26. You must pay all applicable Charges for and relating to the Services that we provide.
27. Where the stated Service Fee does not include any applicable VAT, you shall be liable for such VAT, which shall be added to the Service Fee.
28. You agree to ensure that the information you provide to us is complete and truthful, to cooperate with us on all matters relating to our Services, and to provide us with safe and unfettered access to the Delivery Point.
29. You agree that you shall be responsible for paying all applicable Charges and for complying with all local and customs laws. If your Delivery Point is in the EU, you should contact your local customs office for further information on costs and procedures. As a buyer, you shall also be the importer of records and you must make sure that your importation of your Parcel is compliant with the laws of the country of your Delivery Point. Your Parcel may be checked by customs upon arrival at the port and we cannot guarantee that the packaging of your Parcel is not tampered with and is still in perfect condition. You agree to hold us harmless and indemnify us from any liability whatsoever.
30. We do not accept any liability incurred for any event arising from your illegal use of our Services. You are solely responsible for ensuring that the delivery of your Parcel to the Delivery Point is lawful.
31. You understand and agree that your Parcel must be accepted at the Delivery Point and that the person taking delivery of the Parcel must give to our courier representative an appropriate receipt and you agree that this receipt is a formal proof of our delivery of your Parcel.
32. If you are not present or available to receive and sign for your delivery, a calling card will be left by the courier representative, which will provide details of where you can collect the Parcel from us or how to arrange redelivery. You can elect to have your Parcel delivered to your workplace or to any other address you specify.
33. Unless you and we agree otherwise, if we are unable to deliver your Parcel within 3 days of our first delivery attempt, we will notify you and we may return your Parcel to the Collection Point at your expense, cancel your order, and give you a partial refund (subject to any deductions).
34. At the time you pay for our Services, you become bound by these GTCs.
35. You are responsible for the Parcel and the risk in the Parcel passes to you immediately at the time you pay for our Services.
36. You agree to indemnify us against any loss or liability that we may suffer because of the loss or being unable to deliver your Parcel, due to a defective or ambiguous package, as a result of information you have provided or as a result of your failure to comply with the laws of the Delivery Point.
37. Our Agreement with you, together with your use of our Services under this Agreement and all acts, transactions, disputes and controversies arising hereunder or relating hereto, shall be subject to the exclusive jurisdiction of the courts of England and Wales and shall be governed by, and construed in accordance with, the laws (and not the conflict of laws rules) of England.