Terms & Conditions

Website Terms and Conditions

1 These Terms and Conditions

1.1 These terms and conditions (together with the documents referred to in it) (collectively, these “terms”) set out the basis on which you may make use of the website www.medexpress.co.uk (our “ site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site.

1.2 By using our site, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms, you must not use our site.

1.3 We recommend that you should print a copy of these terms and conditions for future reference.

2 Information about us

2.1 Our site is operated by Athru Consulting Ltd (under the trading name of 123 Meds) (“we”). We are a company incorporated in England and Wales under company number 11788292 . Our registered office address is: 59 Kingsley Road, Frodsham, Cheshire WA6 6SJ. Our VAT number is: 373246787. We are a limited company.

2.2 We are regulated by the General Pharmaceutical Council.

2.3 You can contact us using the following email address: [email protected] or by telephone using the following number 01928 735188.

3 There are other terms that may apply to you

3.1 Our Privacy Policy which also applies to your use of our site, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

3.2 If you purchase goods from our site, our terms and conditions of sale will apply to the sale of such goods.

4 We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

5 We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities or for any other reason.

6 We may suspend or withdraw our site

6.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6.2 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7 Accessing our site

7.1 Our site and any services provided via the site will be in English and it will be your responsibility to ensure that you fully understand the information and advice on our site. Our site is directed to people residing in the UK. We do not represent that content available on or through our site is appropriate for use or available in other locations.

7.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

7.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

7.4 We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate and may result in our taking all or any of the following actions:

7.4.1 immediate, temporary or permanent withdrawal of your right to use our site;

7.4.2 issue of a warning to you;

7.4.3 legal proceedings against you resulting from the breach;

7.4.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

7.5 You must not use our site or services for emergencies. In emergencies, you should consult your local doctor or the emergency department of your nearest hospital.

7.6 Our site and any services provided via the site will be in English and it will be your responsibility to ensure that you fully understand the information and advice on our site. Our site is directed to people residing in the European Union. We do not represent that content available on or through our site is appropriate for use or available in other locations.

7.6 You must not use our website or services for emergencies. In emergencies, you should contact 999 in a medical emergency or 111 or the emergency is not life threatening.

8 Intellectual property rights and how you may use material on our site

8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

8.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9 Our liability

9.1 The material displayed on our site (which includes the blog on the site) is provided without any guarantees, conditions or warranties as to its accuracy.

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 and for fraud or fraudulent misrepresentation.

9.3 Different limitations and exclusions of liability will apply to liability arising as a result of the
supply of any products to you, which will be set out in our Terms and Conditions of Sale.
If you are a business user of our site:

9.4 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

9.5 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

9.5.1 use of, or inability to use, our site; or

9.5.2 use of or reliance on any content displayed on our site.

9.6 In particular, we will not be liable for:

9.6.1 loss of profits, sales, business, or revenue;

9.6.2 business interruption;

9.6.3 loss of anticipated savings;

9.6.4 loss of business opportunity, goodwill or reputation; or

9.6.5 any indirect or consequential loss or damage.

If you are a consumer user:

9.7 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10 Registration

10.1 In order to use some of the services on our site, you will be required to register with our site and to create a personal secure online patient record. We reserve the right to suspend or terminate access at any time if we believe that your continued use of our services will prejudice others or us. By registering to use the service, you:

10.1.1 confirm that the information you provide is accurate and complete; and

10.1.2 agree to keep your username and password confidential and to take reasonable steps to protect and not to share the login details for your online patient record with anyone;

10.1.3 must not create more than one account with our site; and

10.1.4 confirm that you are aged 18 or over.

11 Viruses, hacking and other offences

11.1 We do not guarantee that our site will be secure or free from bugs or viruses.

11.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

11.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

11.4 You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

11.5 By breaching this clause 11, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

11.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any site linked to it.

12 Linking to our site

12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.2 You must not establish a link from any site that is not owned by you.

12.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

12.4 If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].

13 Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14 Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15 Entire Agreement

These terms of use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our site.

If you have any concerns about material which appears on our site or concerns with regards to our services, please email [email protected]

Terms and Conditions of Sale

1 These Terms and Conditions of Sale

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services on the website.

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 and 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 Athru Consulting Ltd a company registered in England and Wales under the trading name of 123 Meds. Our company registration number is 11788292 and our registered office address is: 59 Kingsley Road, Frodsham, Cheshire WA6 6SJ. Our registered VAT number is 373246787.

2.2 How to contact us. You can contact us using the following email address [email protected] or by telephone using the following number 01928 735188.

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.

3 Our contract with you

3.1 Accounts. To create an account, you must provide your name, email address, other registration information, and select a password. Please keep your account up to date so that we can best serve you.

If you create an account you agree that you are solely responsible for:
the accuracy of the account information;
all costs and expenses you may incur in relation to your use of our goods and services;
and keeping your account information confidential.

You should not share your account information with any third parties. You are solely responsible for any and all use of your account information and all activities (including orders placed with us) that occur under or in connection with your account. You may not use anyone else‘s account at any time without the permission of the account holder. You agree not to register for more than one account, register for an account on behalf of someone else without that individual‘s authorisation, or register for an account on behalf of any group or entity. We have the right to preserve the security of our services and your account, including changing your password, requesting additional information to authorise transactions on your account or disabling your account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your account information, you must promptly notify us at [email protected]

3.2 Your age. You must be at least [16] years old to purchase products.

3.3 Processing your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.4 We only sell to the UK. Our website is solely for the sale or supply of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.

3.5 English Language. We only provide treatment and advice in English and it will be your responsibility to ensure that you fully understand our advice.

3.6 Emergencies. You must not use our website or services for emergencies. In emergencies, you should consult your local doctor or the emergency department of your nearest hospital

4 Our products

4.1 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5 Your right to make changes

If you wish to make a change to the product you have ordered 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 (please refer to clause 8).

6 Our right to make changes

6.1 Changes to the products and/or services. We may change the product or our services offered on the website at any time which may include amendments required to reflect changes in relevant laws and regulatory requirements.

7 Providing the products

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products. We will deliver the products that are the subject of your order as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

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 If you are not at home when the product is delivered. If no one is available at your address to take delivery, our delivery company will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We will only post the products through the letterbox without the need for a signature where you have specifically selected this option during the ordering process.

7.5 If you do not re-arrange delivery. After a failed delivery to you and you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

7.6 Automatic delivery upgrades. In some instances, we may have to automatically upgrade your delivery method; if the shipment does not comply with the size constraints of your chosen delivery method or your chosen delivery method does not have adequate insurances. In these instances, we will not charge you any more for the upgrade.

7.7 Combination of orders. In the event that two or more orders are placed to the same address by the same account on the same day, we may combine the orders into one single delivery. This decision is ultimately at the discretion of the pharmacist on duty. You will not be charged any extra fees, nor will you be re-reimbursed for the cost of the delivery.

7.8 When you become responsible for the goods. The products which we deliver to you will be your responsibility from the time we deliver the product to the address you gave us.

7.9 When you own goods. You own a product which is goods once we have received payment in full.

7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the information you are asked to give us for the medical assessment prior to placing your order with us. If we require additional information, we will contact you to ask for this information. We will not be responsible for liability arising out of supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We will also not be responsible for liability arising as a result of any incorrect or misleading information you have given us.

7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product after an order has been accepted by us due to a change in relevant laws and regulatory requirements or where the supply of the product would not be clinically appropriate.

7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product if we have already accepted your order. You may contact us to end the contract for a product if we suspend it and we will refund any sums you have paid in advance for the products that have not been supplied to you.

7.13 No right of re-supply. You agree that you will not sell, supply or make available the products we have supplied to you to any other person.

7.14 Mental Capacity Act 2005. You confirm that consent to care and treatment from our website has not been sought in line with the Mental Capacity Act 2005.

7.15 Testing Kits. In relation to any testing kit purchased through our website, you acknowledge that neither we nor the manufacturer of the test kits or the supplier of the testing services are able to guarantee the absolute effectiveness or accuracy of the test kit. Therefore, you acknowledge and accept that there may be instances where results obtained from a test kit may be inaccurate including the occurrence of a false positive or false negative result. Subject to the provisions in clause 12, we will not be liable for any inaccurate or other information arising from the results of a test kit and that you should seek medical advice from an appropriate healthcare professional if you think you may be suffering from a medical condition or have any specific queries on medical matters.

8 Your rights to end the contract

8.1 Ending the contract because of something we have done. You may be able to end a contract for a reason set out at (a) to (c) below. Where you decide to end the contract, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product (please refer to clause 6);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
You will not be able to return any medicines which you have ordered if the return is not for any of the reasons set out in this clause. Please note that the Consumer contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the sale of medicinal products under a prescription.

8.2 How we will refund you. If you are exercising your right to end a contract based on the reasons set out in clause 8.1, we will refund you the price you paid for any products which have not been despatched to you, by the method you used for payment.

9 Our rights to end the contract

9.1 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 products;
(b) you do not, within a reasonable time, allow us to deliver the products to you.

10 If there is a problem with the product

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

11 Price and payment

11.1 Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 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.

11.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

11.5 By submitting your payment details to your account, you authorise us to charge your card or other payment method in accordance with these terms.

11.6 Payment authorisation. You must have all necessary authorisations to make a payment. We will not be liable in the event your children or someone acting with or without your permission makes an order using your account; however, you may report any unauthorised use to us, and we will use reasonable measures within our control to help prevent future unauthorised use of your account.

11.7 Data check. When you send us a request for an order, our payment processing provider or a third party service provider may run some checks on it before we accept it. These checks may include verifying your address and checking for potential fraud.

12 Our responsibility for loss or damage suffered by you

12.1 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.

12.2 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.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, loss of sales, loss of revenue, business interruption, business interruption, loss of business opportunity or for any indirect or consequential loss or damage.

13 How we may use your personal information

13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) in accordance with our Privacy Policy and/or any other consents for information that you have given us.

14 Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2 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.

14.3 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.

14.4 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.

14.5 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 are a business customer, then you agree to the exclusive jurisdiction of the English courts.