AESTHETIC PHARMA LIMITED
TERMS AND CONDITIONS
1.1 Company details. AESTHETIC PHARMA LIMITED (company number 15078171) (we and us) is a company registered in England and Wales and our registered office is at 90 Walworth Road, London, United Kingdom, SE1 6SW.
Our fulfilment partner. Aesthetica Solutions Ltd (company number 10066546, Address: 3000 Hillswood Drive, Chertsey, England, KT16 0RS)
1.2 Contacting us. To contact us via info@aestheticpharma.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 15.2.
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by Aesthetica Solutions Ltd to you (Contract). No other terms are implied by trade, custom, practice or course of dealing. THE CONTRACT IS BETWEEN YOU AND AESTHETIC PHARMA LIMITED, ALL GOODS WILL BE DELIVERED AND INVOICED BY AESTHETICA SOLUTIONS (A FULFILMENT PARTNER REGISTERED WITH THE GENERAL PHARAMCEUTICAL COUNCIL) WHO HAS AGREED TO DISTRIBUTE THE GOODS ON BEHALF OF AESTHETIC PHARMA LIMITED
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3 Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Our fulfilment partner. Goods will be delivered through Aesthetica Solutions Ltd (Aesthetica) and you will receive an invoice from Aesthetica.
3.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order [and any specification submitted by you] is complete and accurate.
3.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Your order is accepted upon despatch of the Goods.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4.1 The images of the Goods on our site are for illustrative purposes only. Product weights are approximates only.
4.2 The packaging of your Goods may vary from that shown on images on our site.
4.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5.1 You must report damage to the Goods including breakages and/or errors to us by email within 24 hours of delivery of the Goods.
5.2 Any Goods which you deem to be incorrect, excluding refrigerated goods and POMs which are subject to clause 5.3 below, must be returned in the original packaging within five (5) days of receipt of the Goods.
5.3 Refrigerated/coldchain Goods and POMs returns will only be accepted within 24 hours of delivery, and only if errors and/or breakages have occurred during the transportation of the Goods. Breakages and damaged Goods must be kept with the original packaging and retained for inspection by us.
5.4 Any returns of Goods are only accepted by us if we have agreed the returns in writing and issued a returns form to you.
6 Delivery, transfer of risk and title
6.1 We use DPD, DHL and Royal Mail as couriers and may use any other reputable courier service. We will choose an appropriate courier for you. You acknowledge that all deliveries are subject to the terms and conditions on the respective courier’s website. We will not take responsibility for parcels being left on a doorstep as a means of delivery.
6.2 Any delivery of Goods will be made by our chosen courier to the requested premises, either at a standard time during normal weekday working hours, or at another requested time or destination that is agreed with the carrier delivering the goods.
6.3 Times and dates quoted for delivery and dispatch of Goods are estimates. We are not liable for any delay incurred in delivery of the Goods. You are not entitled to refuse acceptance of any goods due to late delivery.
6.4 If you refuse or fail to accept delivery of the Goods, or do not take action necessary on your part for delivery of the Goods, we retain the right to terminate our Contract with you, dispose of the Goods, and to seek compensation from you.
6.5 We may deliver any order of Goods in one or more instalments. Should Goods be delivered in instalments, each individual instalment is to be treated as a separate Contract. In the event that we fail to deliver one or more of the instalments in conformance with these Terms, you are not entitled to treat the whole Contract as breached.
6.6 Delivery is deemed to be complete once the Goods have been delivered to the address provided in your order.
6.7 You own the Goods once we have received payment in full, including of all applicable delivery charges.
6.8 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
7.1 Unfortunately, we do not deliver to addresses outside the UK.
7.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
8 Price of Goods and delivery charges
8.1 The prices of the Goods will be as quoted on our site at the time you submit your order. The Seller will agree a price with the buyer, usually stated online at time of purchase, and this is the price payable for goods. Should there be no price agreed, then the price shall be the price of goods that is clear on the Seller’s pricelist at the time of dispatch of goods.
8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process.
9.1 You can only pay for Goods using a debit card or credit card. We accept all major debit and credit cards.
9.2 Payment for the Goods and all applicable delivery charges is in advance.
10 Prescription Goods
10.1 We must receive the electronic prescription through Instascript for all Goods which require a prescription (Prescription Goods) before dispensing the Prescription Goods.
10.2 Prescription Goods must be for the personal use of the named patient only and are not for re-sale. Prescription Goods will be dispatched to the address nominated by the practitioner who will administer the Prescription Goods, or by the patient.
10.3 A practitioner acting as an agent for a patient in terms of receiving, storing and paying for goods on the patient’s behalf must do so with the patient’s permission. The cost of the Prescription Goods remains the liability of the named patient, who is the intended end user.
10.4 IF YOU ARE A PRACTITIONER PURCHASING PRESCRIPTION GOODS FOR A PATIENT, YOU MAY NOT ADMINISTER THE PRESCRIPTION GOODS TO ANYONE OTHER THAN THE NAMED PATIENT. ANYPRESCRIPTION GOODS WHICH ARE NOT USED ON THE NAMED PATIENT MUST BE DISPOSED OF. In the event that we incur any VAT liability as a result of a practitioner reselling or otherwise abusing the zero-rated status of Prescription Goods for named patients, we will be entitled to recover all such VAT from the practitioner.
11 Our warranty for the Goods; Health and Safety
11.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
11.2 We provide a warranty that on delivery the Goods shall:
11.2.1 subject to clause 4, conform in all material respects with their description; and
11.2.2 be fit for any purpose held out by us.
11.3 Subject to clause 11.4, if:
11.3.1 you give us notice in writing in accordance with clause 5.1 that some or all of the Goods do not comply with the warranty set out in clause 11.2;
11.3.2 we are given a reasonable opportunity of examining the Goods; and
11.3.3 we ask you to do so, you return the Goods to us at your cost,
we will, at our option, replace the defective Goods, or refund the price of the defective Goods in full.
11.4 We will not be liable for breach of the warranty set out in clause 11.2 if:
11.4.1 you make any further use of the Goods after giving notice to us under clause 11.3;
11.4.2 defects are caused to the Goods as a result of you storing them in unsuitable conditions, or otherwise not complying with instructions as to their use;
11.4.3 save for Prescription Goods, for defects caused to the Goods during delivery, unless notified to us in accordance with clause 5.3; or
11.4.4 the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.
11.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
11.7 We will not be responsible for the consequences of you not complying with information/instructions regarding the usage of the Goods.
11.8 You are solely responsible for ensuring that that the Goods are administered safely and (if you are a practitioner) without risks to a patient’s health.
11.9 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12 Our liability: your attention is particularly drawn to this clause
12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
12.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
12.3 Nothing in these Terms limits or excludes our liability for:
12.3.1 death or severe personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.3.4 any other liability that cannot be limited or excluded by law.
12.4 Subject to clause 12.3, we will under no circumstances be liable to you for:
12.4.1 any loss of profits, sales, business, or revenue; or
12.4.2 loss of business opportunity; or
12.4.4 any indirect or consequential loss.
12.5 Subject to clause 12.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 100% of the price of the Goods.
13 Cancelling your Order and Termination
13.1 You may only cancel orders of any Goods with written notice and agree that there may be cancellation charges.
13.2 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
13.2.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
13.2.2 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
13.2.3 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.3 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
14.2.1 we will contact you as soon as reasonably possible to notify you; and
14.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
15.1 When we refer to "in writing" in these Terms, this includes email.
15.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
15.3 A notice is deemed to have been received:
15.3.1 if delivered by hand, at the time the notice is left at the proper address;
15.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the working day after posting; or
15.3.3 if sent by email, at 9.00 am the next working day after transmission.
15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.1.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
16.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 Variation. This Contract may be varied by us at any time by posting an updated version on the website.
16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6 Governing law and jurisdiction. The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
