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Terms & Conditions

MEDIVAPHARMA

TERMS & CONDITIONS OF SALE 2018

AGREEING TO TERMS

By using this website and any of the services offered by this website or MedivaPharma Limited You are indicating that you accept the company’s Terms & Conditions of Sale (Our Terms & Conditions are subject to change without notice and should be referred to prior to using our Website, Products, and Services at MedivaPharma) If you do not agree to our Terms & Conditions or Privacy Policy as stated here, please do not use this website or any of the services stated here or by MedivaPharma.

  1. INTERPRETATION

In these terms and conditions, the following definitions apply:

  • “Buyer” (the Client /Customer/ You/Your/Yourself) means the organisation or person who purchases goods and services from the Supplier
  • “Goods” (Products/Services) means the goods that are set out in the order which the Seller is to supply in accordance with these Conditions and any goods supplied in substitution for or in replacement of or in addition to such goods.
  • “Supplier” (MedivaPharma/We/Us/Our/Seller/Pharmacy) means MEDIVA PHARMA LIMITED, 66 Tanners Drive, Blakelands, Milton Keynes, MK14 5BP. (registered in England under number 9010928).
  • “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
  • “Contract” (Agreement/Order) means the contract or agreement for the purchase and sale of the Goods
  • “Writing” includes letter, cable, facsimile transmission, email and comparable means of communication.
  • ‘Terms’ means the terms and conditions set out in this document (the terms are subject to change at any time).
  1. GENERAL
    • These Terms and Conditions shall apply to all Contracts for the supply of Goods and Services by the Supplier to the Buyer.
    • These Conditions govern the Contract between Us and You, and no other conditions you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing, whether introduced prior to or subsequent to this purchase Order, shall have any relevance.
    • The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
    • The Buyer accepting any delivery of Goods shall (without prejudice to any other manner in which acceptance of these terms may be evidenced) be deemed to constitute unqualified acceptance of these conditions).
    • If subsequent to any Contract of sale which is subject to these Conditions, a Contract of sale is made with the Buyer without reference to any Conditions of sale or purchase, such a Contract, however made, shall be deemed to be subject to these Conditions.
  2. ORDERS
    • The Order constitutes an offer by You, the Customer; to purchase the Goods in accordance to these Terms. You are responsible for ensuring the terms of the Order submitted by you, the Customer, are complete and accurate.
    • The Order shall only be deemed acceptable when we, MedivaPharma, indicate our acceptance, at which point the Contract will commence.
    • Orders can be accepted in Writing, this can include email, post, prescription, fax, or via our e-commerce platforms.
    • All Orders that are accepted by Us, MedivaPharma, will be subject to these Terms and no Contract shall be deemed to be in place until we have indicated so.
    • Original prescriptions must be received by the Pharmacy within 72 hours of your order reservation.
    • Private prescription goods are intended for the patient named in the prescription only.
    • Prescription dispensing services at MedivaPharma adheres strictly to GPhC guidelines and regulations; patients must be aware of, agree to, and authorise the dispensing of their prescription medication.
    • Stock & Wholesale Orders are accepted in Writing, by email, and or post. Stock Orders are restricted to specific product categories; medical devices.
  • PRICES & PAYMENTS
    • All prices exclude VAT unless otherwise stated, to which you, the Buyer, will be liable to pay. Subject to clause: 11.6.
    • All prices are confirmed to You at the time of Ordering/confirmation.
    • Prices are subject to change without notice.
    • You shall pay the invoice in full at the time of Order processing, unless otherwise agreed by us, the Supplier.
    • Your Order will not be dispatched from our premises until full and complete payment has been accepted by Us, the Supplier.
    • We, the Supplier, reserve the right to withdraw any discounts, promotional rates, and offers from the recommended retail price of the Product/Service. We may revise prices to take into account inflation, exchange rates, and other cost bearing variations
  • TERMS OF PAYMENT: CREDIT ACCOUNT CUSTOMERS
    • In consideration of the supply of the Goods by the Supplier, the Customer shall pay the Supplier the invoiced amounts no later than 30 days after the invoice has been issued or the order has been confirmed and processed. A 30 day credit account is at the discretion of Us, the Seller. Credit account are only granted to Customer who apply and successfully pass our criteria for a credit account, otherwise, we request that all Orders are paid in full prior to dispatching from our premises.
    • You are not automatically entitled to a credit account whatsoever, You must apply and meet Our criteria for a credit account and completely at our discretion. We reserve the right to cancel and remove any application for credit, or active credit account for whatever reason we deem fit.
    • Payments can be made to us, the suppler, by credit card, visa debit, cheque, or direct transfer, BACS. We do not accept American Express.
    • The Seller shall be entitled to invoice the Buyer at any time after the Products have been delivered or have been notified as ready for delivery where the Buyer wrongfully refuses to take delivery of them. Payment terms are 30 days from invoice unless otherwise agreed. If the Buyer fails to make full payment by the due date then the Seller, in addition to remedies allowed under current late payment legislation, shall be entitled to: Cancel the contract or suspend any further deliveries: and/or Charge the Buyer interest on the amount unpaid at the rate of 8% above the Bank of England rate until the payment is made in full.
    • If in the Seller’s opinion the credit worthiness of the Buyer has deteriorated prior to the delivery of the goods the Seller may require full or partial payment of the price prior to delivery, or suspend delivery altogether.
    • In the event that a hard copy prescription is not provided by You, to Us, the Supplier as stipulated in clause 3.5; We are legally bound to charge you VAT in respect of the relevant goods and invoice you for any VAT that will become due for payment.
    • We have the right to suspend any additional orders/contracts where any amounts or invoices are owed, or have exceeded the 30 day period after the invoice was raised.
    • Any authorised extension of credit by us, the supplier, can be changed or withdrawn at any time.
    • The supplier may charge the buyer an administration fee in respect to re-presented and dishonoured cheques to cover its consequential direct and indirect costs.
    • We reserve the right to refer any, although not limited to; overdue, unpaid, disputed sums of monies owed by You, to Us.
  • DELIVERY
    • Any confirmed dates for delivery of Goods are approximates only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. You hereby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of any late delivery of Goods.
    • When Goods are delivered to You, You must check the courier’s documentation/delivery notes to ensure that Your order is complete; that You have received the correct quantity of packages. We will not be liable for any non-delivered packages unless such non-delivery has been noted on the courier’s delivery notes for Our attention, and You have notified us within 48 hours of the expected delivery.
    • We endeavour to provide you with your products/packages in a timely and agreeable manner. All MedivaPharma deliveries are tracked and monitored by us until the package is signed for by the recipient who confirms and accepts the packages have been delivered. We, the Supplier, are not liable for delayed deliveries, and the Buyer is not entitled to refuse to accept Goods because of late delivery.
    • If the Buyer refuses or fails to take and or accept delivery of the Goods in accordance with the Contract, or fails to take any action necessary on its part for the delivery and/or a shipment of the Goods, then we, the Supplier, shall be entitled to terminate the Contract with immediate effect, to dispose of the Goods appropriately, and recover any loss or additional costs from you, the Buyer.
    • We, the Supplier recommend that you, the Buyer provide appropriate instructions for the courier delivering your packages in the event that you will not be available to sign or accept delivery for your packages as We are not liable for any late or missed deliveries once the packages have left Our premises.
    • Where the Goods are delivered in instalments, each delivery shall constitute a separate contract, any failure by the Seller to deliver any one or more of the instalments, in accordance with these Conditions, or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
  • CANCELLATION & RETURNS
    • Subject to Clause 7.3 and 7.4: You may cancel Your orders by Writing to MedivaPharma directly by email info@medivapharma.co.uk and instructing Us of Your intention to cancel Your order by phone: 01908 617 328. You must return Your products suitably and securely packaged and in good quality condition; We do not accept returns of products that have been removed from their own sealed packaging unless
  • The incorrect products have been supplied to You;
  • Products are returned in response to a breach or recall;
  • Products are damaged or faulty.
    • You are liable for the costs of returns.
    • We do not accept return of prescription dispensed products that have left Our premises under any circumstances (unless errors have occurred that is irrefutably proven to the fault of Us, the Supplier).
    • We do not accept the return of cold chain products in under any circumstances once they have been dispatched from the pharmacy premises (unless errors have occurred that is irrefutably proven to the fault of us, the Supplier). The Goods cannot be cancelled once the order has been dispatched from the pharmacy premises.
    • Any errors that may occur as a result of a third party providers (courier, and or supplier) failure to deliver a package/service will not constitute grounds for a return. We, the seller, does not accept responsibility for issues that may occur outside our control.
    • Returns are considered only when the request is made in Writing as stated in clause 7.1, and accompanied with a ‘Returns Request Form’. Failure to adhere to the Sellers terms and conditions outlined within the Sellers returns policy will nullify the buyers claim for returns.
    • Breakages, errors, receipt of incorrect Goods must be reported in Writing to Us within 24 hours of receipt of the order. Incorrect Goods (excluding cold chain products) must be returned in their original packaging and the seal unbroken, within 5 days of receipt of order. Cold chain products must always be returned to Us within 24 hours of receipt of delivery. Any breakages or faulty products must be provided top Us with original packaging for the intent of further inspection.
    • We accept returns of incorrect medicinal products dispensed in error (medical devices, non-cold chain products) that have left our premises only when the following criteria has been met by You:
  • The products are un-damaged, unopened, in good quality condition.
  • The products have not expired;
  • You can demonstrate that the product(s) has been transported, stored and handled in accordance to their storage requirements for the brand in question.
  • The batch number matches that of the batch provided from Us.
    • The Seller reserves the right to destroy any Goods that are returned by the Buyer without the express consent of the Buyer..
    • We reserve the right to impose a charge that is payable by You when an collection is arranged by Us.
    • Do not in under any circumstances return, used, contaminated products to Us; We will refuse to accept delivery or collection.
    • We will not refund or credit any item/product that has been lost, defaced, or damaged in transit to Us.
  1. RISK AND TITLE
    • Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery, at the time when the Seller tenders delivery of the Products. Notwithstanding delivery and the passing of risk in the Products, or any other provision of these conditions, the title in the Products shall not pass to the Buyer until the Seller has received payment in cash or cleared fund s for the full price of the Products and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
    • Until the title in the Goods has passed to the Buyer, the Buyer shall hold the Goods as the Sellers fiduciary agent and bailee and shall:
  • Not part with possession of the Goods
  • Keep the Goods separate from those of the Buyers and third parties Goods, properly stored, protected and insured as the Sellers property.
  • Keep the Goods free from any charge, lien or other circumstances. If the Buyer fails to do so, then all monies owing the Buyer to the Seller shall be immediately become due for payment.
  • Until the title in the Goods has passed to the Buyer (providing that the Goods are still in existence and have not been re-sold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to comply immediately, The suppler holds the right to enter any premises of the Buyer or any third party where the Goods are stored, and inspect or repossess the Goods.
  • Any rights the Buyer may have to possession of the Goods shall immediately cease in any event of: Any sum owed by the Buyer to the Seller is not paid to the Seller by the date when it is due or when the Buyer commits a breach of Contract and Terms.
  • Whilst the Buyer is in possession of the Goods (with consent of the Supplier) the Buyer may in the ordinary course of business sell the Goods provided that the Seller, MedivaPharma is not empowered to commit to any additional Contractual relationship with, or liability to, the sub-Buyer or any other person/representative. The Buyer shall hold the proceeds of such sales on trust for the Seller. The Seller shall be entitled to any interest earned on the fiduciary account. If the proceeds of the sales received by the Seller exceed the sum owed by the Buyer in respect of the Goods owed, then the Seller will return the excess amount only.
  • Notwithstanding clause 8, We, the Seller, shall be entitled to bring an account against You, the Buyer, for the price of the Goods in event of non-payment by You, the Buyer by the due date even through property of the Goods has not passed to the Buyer and/or shall have the right by notice to the Buyer at any time after delivery to pass property in the Goods to the Buyer as from the date of such notice.
  1. LIABILITY
    • The Seller warrants that the Goods shall be of satisfactory quality in accordance to the relevant acts/regulations. All other conditions, warranties, and representations expressed or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
    • Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates. In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
  2. TERMINATION
    • The Seller may terminate the Contract with the Buyer immediately by giving notice to the Buyer if the Buyer has received or a administrative receiver is appointed, passes a resolution for winding up, or a court of competent jurisdiction makes an order to that effect, becomes subject to an administration order enter into any voluntary arrangements with its creditors or ceases or threatens to cease to carry on a business or if any national or local law equivalent of any of the following occurs:
  • The Buyer fails to pay on the order due date or within any agreed period of grace, any sum due under this or any other contract.
  • The Buyer commits any breach of the terms specified in this contract.
  • The Buyer exceeds the credit limit with the Supplier
  • The Seller reasonably perceives that above factors are possibilities.
    • The contract is terminated and delivery of the Goods has not been paid for by the Buyer, the sum of monies will immediately become due for payment.
  1. PRESCRIPTION PROCESSING
    • Prescription products can be reserved in Writing, specifically by fax or email, prior to receipt of the original prescription. Original prescriptions are required within 72 hours of the reservation submission.
    • All Prescriptions must be completed to the best of Your knowledge and include expressed patient consent/permission in the form of a signature and patient contact details. Prescriptions will not be dispensed without confirmed patient consent.
    • Prescribed Goods are intended for named patient only and are not for re-sale.
    • The prescription will be dispensed to an address nominated by the patient.
    • The prescription is the property of the patient, the patient may nominate the prescriber to pay, store, and receive the prescription Goods on behalf of the patient.
    • The cost of the prescription remains the liability of the named patient. In the event of non-payment, The Seller reserves the right to pursue payment from the patient’s agent (prescriber(s), account holder, and patient, joint or severally. In the event that the Seller incurs any VAT liability as a result of patient agent reselling or otherwise abusing the zero rates status of prescription items for named patients, the Seller will be entitled tor recover all such VAT from the Buyer(s).
  2. WHOLESALE/STOCK ORDERS
    • MedivaPharma stock/wholesale order processing complies with MHRA regulations and standards.
    • Stock/Wholesale orders for appropriate products (medical devices) can be submitted to wholesale@medivapharma.co.uk signed or confirmed by the registered account holder and licensed healthcare professional.
    • We, MedivaPharma, hold the right to check and confirm the licensing status of the account holder in accordance to our procedures before processing any stock/wholesale order. This will involve confirming the licensed professional status of the account holder and verifying the identity of the individual as part of our strict registration process. All subsequent stock/wholesale orders will be confirmed in writing and verbally to the account holder upon completing data protection checks.
    • All stock orders are delivered to the account address (via registration process), this address should be registered with the CQC, GPhC, WDA otherwise additional security checks will need to be carried out on the specific location.
    • We require a copy of signed identification in order to register a new customer for any and all orders with our pharmacy.
  3. MISCELLANEOUS

13.1 We, MedivaPharma provide a range of business support services to our clients. You accept that We will not be held accountable or liable for any implications, costs, consequences or actions experienced by You as a direct or indirect result of the material, product, services you have received an accepted from Us.