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Terms and conditions for our home delivery subscription service

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we provide our trial home delivery service (referred to elsewhere in these terms and conditions as the “Service”) to you. Your prescription is still filled by your chosen Well pharmacy (referred to in these terms as the “relevant pharmacy”) and is delivered to your door by one of our delivery drivers.

1.2 Why you should read them. These terms tell you who we are, how we will provide Service 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. Information about us and how to contact us

2.1 Who we are. We are Well Pharmacy, a trading name of 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. Should you have any queries or concerns regarding your delivery you should first contact the relevant pharmacy. You can also email deliverysubscription@well.co.uk. If they are unable to resolve the matter you can contact our customer service team on 0333 010 2222 or email yourexperience@well.co.uk.

2.3 How we may contact you. If we have to contact you we will do so by telephone, text message 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 “Refund” means a refund of the fee paid for the Service, calculated pro rata for the number of days remaining on a subscription at the point of termination (e.g. £55/366 days x number days left on subscription).

3. Our contract with you

Our acceptance of your order will take place when we issue you with a receipt at the till point in the relevant pharmacy, at which point a contract will come into existence between you and us.

4. Our rights to make changes

4.1 Minor changes to the Service. We may change the Service:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not materially affect your use of the Service.

4.2 More significant changes to the Service and these terms. In addition, we may be necessitated to make changes to the Service that materially affect your use of the Service. If we do so we will notify you and you may then contact us to end the contract and receive a Refund.

5. Providing the Service

5.1 When we will provide the Service. We will supply the Service to you from the date we accept your order for a period of 6 or 12 months, subject to the rights for each of us to terminate the contract early set out in these terms.

5.2 Service restrictions. The Service is limited to those identified as suitable by the responsible pharmacist in their absolute discretion and is also limited to such pharmacies as we decide from time to time to include in the Service. We are not able to provide the Service where the delivery location is more than 10 miles from the relevant pharmacy.

5.3 We are not responsible for delays outside our control. If our performance of the Service is affected 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.

5.4 If you do not allow us to make delivery. If you are not available or do not accept delivery at your property (and you do not have a good reason for this) you can rearrange delivery for another date by contacting the relevant pharmacy without additional charge. If we are still unable to effect delivery then we will make your prescription available for collection at the relevant pharmacy and it will be treated as “delivered” for the purposes of the Service. In the event that after repeated attempts we are unable to contact you regarding rearrangement of your delivery or collection at the relevant pharmacy, we may end the contract pursuant to clause 7.1.

5.5 What will happen if you do not provide required information to us. As we informed you when you signed up for the Service, we will need certain information from you so that we can provide the Service to you, for example, your full name, address and telephone number. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 7.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Service late or not providing it at all, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.6 Reasons we may suspend the Service. We may have to suspend the Service to:

(a) deal with technical problems or make minor technical changes;

(b) update the Service to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the Service as requested by you or notified by us to you (see clause 4).

5.7 Your rights if we suspend the Service. We will contact you in advance to tell you we will be suspending the Service, unless the problem is urgent or an emergency. If we have to suspend the Service for longer than 14 days we will adjust the price so that you do not pay for Service while it is suspended. You may contact us to end the contract if we suspend the Service, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will effect a Refund of any sums you have paid in advance for Service not provided to you.

6. Your rights to end the contract

6.1 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will issue you with a Refund. The relevant reasons are:

(a) we have told you about an upcoming change to the Service or these terms which you do not agree to (see clause 4.2);

(b) we have told you about an error in the price or description of the Service and you do not wish to proceed;

(c) there is a risk the Service may be significantly delayed because of events outside our control;

(d) we suspend the Service for technical reasons, or notify you are going to suspend it for technical reasons, in each case for a period of more than 14 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

6.2 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 6.1, or we end the contract in accordance with clause 7.1, the contract will end immediately but we may charge you for the remainder of the then current 6 or 12 month service period (as applicable) as compensation for the net costs we will incur as a result of your ending the contract.

7. Our rights to end the contract

7.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service, for example, an updated address when you move house;

(b) you cease to comply with the requirements for the Service, for example, you move house to an area outside of our delivery area;

(c) you do not, within a reasonable time, accept delivery; or

(d) otherwise act in a manner which in our reasonable opinion renders provision of the Service untenable or materially more costly.

7.2 We may stop providing the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least 28 days in advance of our stopping the Service and will issue you with a Refund.

8. If there is a problem with the Service

8.1 How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can contact us by telephoning our customer service team at 0333 010 2222 or yourexperience@well.co.uk or by writing to us at Customer Care, Well Pharmacy, Merchants Warehouse, 21 Castle Street, Castlefield, Manchester M3 4LZ. Alternatively, please speak to one of our staff in-store at the relevant pharmacy.

8.2 Summary of your legal rights. See below for a summary of your key legal rights in relation to the Service. 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 or call 03454 04 05 06.

The Consumer Rights Act 2015 says:  

· you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

· if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

· if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

9. Our responsibility for loss or damage suffered by you

9.1 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, for example, if you discussed it with us during the sales process.

9.2 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 Service as summarised at clause 8.2.

10. How we may use your personal information

10.1 How we will use your personal information. We will use the personal information you provide to us to:

(a) provide the Service;

(b) process your payment for the Service; and

(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.

For more information, please see our Privacy Notice.

10.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

11. Other important terms

11.1 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.

11.2 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.

11.3 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 or prevent us taking steps against you at a later date.

11.4 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 Service in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.