1.1. What these terms cover.These are the terms and conditions on which we supply products to you through our website at www.well.co.uk.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1. Who we are. We are Bestway National Chemists Limited, a company registered in England and Wales. Our company registration number is 09225457 and our registered office is at Merchants Warehouse, Castle Street, Castlefield, Manchester M3 4LZ. Our registered VAT number is 146295159.
2.2. How to contact us. You can contact us using the details set out below:
|By post:||Customer Service
21 Castle street
(Monday to Friday, 8.30am to 6pm, Saturday 8.30am to 12.30pm)
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.5. References to the “contract” are to the contract created when you order products from our website and we accept your order.
3.1. How we will accept your order. We will email you with a confirmation of receipt of your order, however this does not constitute acceptance of your order. Our acceptance of your order will take place when we email you with confirmation that your order has been despatched, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, there is a problem with authorisation of your method of payment or because we have identified an error in the price or description of the product.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from outside the UK.
4.1. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.2. Restricted products. Certain products are subject to age restrictions imposed by law. We are not permitted by law to supply these Products to individuals who do not satisfy the relevant age requirement and, if you are underage, you must not attempt to order these Products. By making an order, you confirm and certify that the information you provide, included but not limited to, your date of birth is complete, accurate and up-to-date. Similarly some products are restricted to certain quantities. Orders will not be accepted in quantities greater than permitted by law.
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6.1. Minor changes to the products. We may change or substitute products to reflect changes in relevant laws and regulatory requirements or as a result of marketplace changes. These changes will not materially alter the product you receive.
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2. How delivery works. Whilst we will endeavour to dispatch your products in accordance with any timeframes stated when you order, but any such timeframes are estimates only. We will post your products to you at the address you provide when placing your order. Once products have been dispatched we are not liable for any failure in the postal system.
7.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4. When you become responsible for the products. All products will be your responsibility from the time we deliver the product to the address you gave us or you.
7.5. When you own products. You own a product once we have received payment in full.
8.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10; or
8.2. If you have just changed your mind about the product, see a summary of your rights below. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.3. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) medicines; or
(c) any products which become mixed inseparably with other items after their delivery.
8.4. How long do I have to change my mind? you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.5. Returning products after delivery. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You should first contact our customer services team to discuss the reason for your return. You must then post them back to us at Digital Pharmacy Team, Well Pharmacy, Healthcare Service Centre, Meir Park, Stoke-on-Trent, Staffordshire ST3 7UN. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. We are unable to accept returns to any of our pharmacies.
8.6. When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or (b) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.7. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.8. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.9. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9.1. How to tell us about problems. If you have any questions or complaints about the product, please contact our customer services team using the details set out at clause 2.2.
9.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
10.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 9.2 and for defective products under the Consumer Protection Act 1987
13.1. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
13.4. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.