Our term & conditions

Terms and Conditions

These terms and conditions (the “Terms”) (together with the documents referred to in them) govern your access and use of the Dears Pharmacy PillPouch website, which is accessible via pillpouch.co.uk (the “Website”), through which we provide our Dears Pharmacy PillPouch NHS prescription delivery service “the Services”). These Terms also govern the provision of our Services.

 

Please read these Terms carefully before you start using the Website and before placing an order to receive our Services.

 

1.          ABOUT US       

1.1.     The Website and the Services are operated and provided by Barrie Dear Limited T/A Dears Pharmacy (“we“/”us”/”our”). We are registered in Scotland under company number 424013 and have our registered office at 5 Cortmalaw Avenue, Glasgow, G33 1TE, UK and trading address at Dears Pharmacy, 645 Ferry Rd, Edinburgh, EH4 2TX, UK.

1.2.     You can contact us on our Website by email at info@dearspharmacy.co.uk or by telephone on 01313322851. Please see clause 18.2 for further information on the ways in which you can contact us.

1.3.     We are registered with and regulated by the General Pharmaceutical Council. Our pharmacists are registered with and regulated by the General Pharmaceutical Council (GPhC) and as such comply with the Standards of Practice Guidelines.

 

2.          ACCESSING AND USE OF THE WEBSITE

 

2.1.     ACCESSING THE WEBSITE

You are responsible for making all arrangements necessary for you to access the Website, including but not limited to a secure internet connection.

 

2.2.     LINKING TO OUR WEBSITE

2.2.1. We’re happy for you to link to our Website but that must be done in accordance with the below rules:

(a)   You can only link to our home page pillpouch.co.uk. There are strict regulations on promoting medications and associated treatments. You are expressly prohibited from making such promotions.

(b)   Include only a link not a frame.

(c)   Do not suggest any form of association, approval or endorsement on our part where none exists.

(d)   If we find that our reputation is damaged in any way by the reference you’re making, we’ll take the necessary steps to protect it by removing any link to the Website.

2.2.2. If you’re unsure, please ask us before linking to our Website. We reserve the right to withdraw linking permission without notice if it doesn’t meet our guidelines or otherwise at our absolute discretion.

 

2.3.     PROHIBITED USES

You may not:

(a)   use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(b)   use the Website or our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, trojans, worms, logic bombs or any other material that is malicious or technologically harmful.  A breach of this clause constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with them by disclosing your identity to them. In the event of such a breach, your right to use our Platform and Services will cease immediately.

 

2.4.     INTELLECTUAL PROPERTY RIGHTS

2.4.1. We either own or have the right to use all intellectual property rights in the Website, including but by no means limited to, rights in copyright, patents, database rights, trade marks, the tort of passing off and all other intellectual property rights, in the Website, the Services, and their content (“IPR”). All such rights in the IPRs are reserved and, for the avoidance of doubt, no such rights are granted to you under these Terms.

2.4.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use (but only to the extent you are purchasing our Services from the Website).

2.4.3. 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.

2.4.4. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

2.4.5. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. For the avoidance of doubt, this expressly prohibits any use of the Website by you (or anybody connected with you) to falsely misrepresent our goods, products and/or Services as being those which are provided by you. In addition, prohibition under this clause, such conduct would also be an infringement of our intellectual property rights under the tort of passing off (and otherwise, where applicable).

2.4.6. Your use of scraping software in respect of any element of the Website (including our databases) is expressly prohibited.

2.4.7. We take the enforcement and protection of our IPRs very seriously and if you print off, copy or download any part of our Website or otherwise deal with the Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, immediately return or destroy any copies of the materials you have made. Furthermore, you agree to indemnify us for and against any losses that we suffer as a consequence of your breach (with such losses under this clause including but not limited to actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements).

 

3.          OUR SERVICES AND HOW YOU SHOULD USE THEM

 

3.1.     REQUIREMENTS TO BE ELIGIBLE FOR OUR SERVICES

3.1.1. By registering and ordering our Services, you must be:

(a)   Legally capable of entering into binding contracts.

(b)   Be at least 18 years of age.

(c)   Resident in the UK.

3.1.2. Our Services are to be provided in the UK. We do not accept orders or deliveries, from or to, outside the UK.

 

4.          SERVICES FROM THE DEARS PHARMACY WEBSITE

 

4.1.     WHAT THE SERVICES ARE

4.1.1. We are a provider of in-store and distance pharmacy dispensing services via the National Health Service (“NHS”). All prescriptions processed by us will be processed and dispensed via our head office: Dears Pharmacy, 645 Ferry Road, Edinburgh, EH4 2TX.

 

4.2.     HOW TO SIGN UP FOR OUR SERVICES

4.2.1. If you wish to sign up for our Services, you can do so via completing our Information Form at pillpouch.co.uk/pillpouch-sign-up/.

4.2.2. During the sign up process, you must provide all details that we request, including but by no means limited to your:

(a)   full name;

(b)   date of birth;

(c)   email address (we may use this to contact you);

(d)   home address (this is the address to which any prescriptions subject to the Services will be delivered);

(e)   General Practitioner’s details (including their name, the surgery name and postal address); and

(f)    NHS prescriptions that you would like us to delivery under our Services.

4.2.3. You must, in addition to the above information, also inform us of the frequency and times of day at which you must take your prescription(s).

4.2.4. If you experience any issues or have any questions during the initial sign up process, please contact us under clause 1.2.

4.2.5. It is vitally important that the information that you provide via our Information Form (and information that you otherwise provide to us in order for us to provide the Services) is complete, accurate and true to the best of your knowledge and belief. You acknowledge that we can have no liability to you whatsoever as a result of any incomplete, inaccurate and/or untrue information that you supply to us.

4.2.6. If you are ever in doubt regarding (a) the information that you are required to supply then you should contact us, or (b) your NHS prescriptions (including the frequency and times of day that you must take your prescriptions, you should contact your General Practitioner.

4.2.7. Please note that we will have no obligation to provide the Services until we have informed you that we are able to do so under clause 4.3.

 

4.3.     ONCE YOU HAVE SIGNED UP FOR OUR SERVICES

4.3.1. Once you have completed our Information Form, we will review the details that you have provided and, if (subject to our receipt of your NHS prescriptions, below) we are able to provide the Services, we will inform you of such in writing or by telephone.

4.3.2. We may need to contact you in order to discuss the details that you have provided in more detail and, if that is the case, we will contact you either via telephone or email.

4.3.3. On confirming that we are able to provide the Services, you will be required to send to us your current NHS prescriptions. You can do so free of charge using our free postage label which is available at pillpouch.co.uk/wp-content/uploads/2019/02/D1-DL.pdf

4.3.4. Once we have received information regarding your current NHS prescriptions, we will confirm such with you. At this stage, we will also confirm whether we will be able to perform the Services. It is only when we issue this confirmation that the contract between you and us for the Services will be formed.

4.3.5. If we cannot provide the Services, we will also notify you of this in writing, explaining the reasons why.

4.3.6. On the contract between you and us has been formed, we will notify your GP Surgery that we have been appointed as the dispensing pharmacy for your NHS prescriptions.

 

5.          YOUR RIGHTS TO MAKE CHANGES

If you wish to make changes to the contract, you must contact us as soon as possible. If it is possible we will let you know about any changes to the Services that we will perform, the time of supply and anything else that would be necessary as a result of your requested change. Where any such changes are material, we will ask you whether you wish to go head with the change. If you do not wish to go ahead or if we cannot make the change, then you may be able to end the contract (see clause 8).

 

6.          OUR RIGHTS TO MAKE CHANGES

We may make changes to the Services or those elements of these Terms relating to the Services in order to:

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

(b)   to implement minor technical adjustments and improvements.

These changes will not usually affect your use of the Services, however, where they do, we will inform you of such changes in writing. If you do not accept the changes, you may be able to end the contract (see clause 8).

 

7.          DELIVERING YOUR NHS PRESCRIPTIONS

 

7.1.     TIMING OF DELIVERY

7.1.1. Unless otherwise agreed with you, all deliveries of NHS prescriptions provided in accordance with our Services will take place via the Royal Mail’s tracked 48-hour delivery service. If you are unable to accept delivery when it is scheduled to take place, you are required to liaise directly with the Royal Mail in order for redelivery or collection at one of the Royal Mail’s depots to take place.

7.1.2. If, after a failed delivery to you, you do not re-arrange deliver or collect your NHS prescription and such prescription is returned to us, we will contact you in order to take further instructions. Where you have failed to accept your NHS prescription on two occasions, we may charge delivery costs for any attempted delivery thereafter. Such delivery costs will be notified to you in advance of delivery taking place and, if you do not accept those costs, you must collect your NHS prescription from our local pharmacy.

 

7.2.     COSTS OF DELIVERY

7.2.1. Save where clause 7.1.2 applies, our Services are free of charge and we also do not charge for the delivery of your NHS prescriptions.

 

7.3.     WHEN YOU BECOME RESPONSIBLE FOR YOUR NHS PRESCRIPTION

7.3.1. You will become responsible for your NHS prescription once we have successfully delivered it to you.

 

7.4.     WHEN WE MAY SUSPSEND OUR SERVICES

7.4.1. We may have to suspend our Services to:

(a)   implement any changes that arise under clause 5 and clause 6; or

(b)   if you breach your obligations to us under the contract (for example, if you repeatedly fail to take delivery of your NHS prescriptions). In this scenario, we may also terminate the contract (see clause ).

 

8.          YOUR RIGHTS TO END THE CONTRACT WITH US

8.1.     You can always terminate the contract with us. If you would like to terminate the contract, then please contact us under clause 18.2 informing us that you wish to do so.

8.2.     Please note that if you terminate the contact after an NHS prescription has been dispatched to you, your termination will take effect immediately following the successful delivery of that NHS prescription. If you no longer wish to receive the NHS prescription in subject to that delivery, then please contact your GP surgery.

8.3.     You may also have legal rights to terminate the contract if we breach our obligations (where applicable) under the Consumer Rights Act 2015, such the obligations to supply goods of a satisfactory quality and goods which match their description. Please see clause 9 which sets out our liability in such circumstances.

8.4.     Given the nature of the goods (being NHS prescriptions), you will not have cancellation or cooling off rights once delivery has taken place. If you wish to change your prescriptions or feel as though they do not adequately meet your medical needs, then you will be required to contract your GP surgery directly and this is something that we would strongly recommend.

 

9.          OUR LIABILITY TOWARDS YOU

9.1.     We will be responsible for loss or damage suffered by you that is a foreseeable result of any failure by us to comply with our legal obligations in respect of your use of the Website or our performance of the Services. However, we will not be 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 applicable contract was made, both parties knew it might happen, for example, if it was discussed during the sales process.

9.2.    We do not exclude or limit in any way its 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 respect of the Services. It also includes our liability for any breach of the Consumer Rights Act 2015 (where applicable) and associated legislation.

 

10.       PRIVACY NOTICE AND DATA PROTECTION

Your privacy is our priority. You’ll find everything you need to know about how we keep your personal information secure within our Privacy Notice & Cookie Notice.

 

11.       TRANSFER RIGHTS AND OBLIGATIONS

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

 

12.       THIRD PARTY RIGHTS

These Terms do not give rise to any rights for any third party to enforce any term of these Terms.

 

13.       EVENTS BEYOND REASONABLE CONTROL

We will not be in breach of any of our obligations under these Terms (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of our obligations shall be extended accordingly, however if the delay continues for an unreasonable period of time, then you may have the rights to terminate your contract with us.

 

14.       JURISDICTION AND APPLICABLE LAW

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.

 

15.       ENTIRE AGREEMENT

15.1.   These Terms, our Privacy and Cookie Notices, and any document expressly referred to in this agreement constitutes the whole agreement between you and us.

15.2.   This supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our Platform and the Services made available on it.

 

16.       SEVERABILITY

Each of the clauses of these Terms operates separately. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and exclusions and limits of liability, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

 

17.       VARIATIONS

We may change these Terms at any time. Please read these Terms every time you use our Platform and order any of our Services so that you’re aware of any changes we have made. If you have already purchased our Services, then if we make a material change to these Terms then please see clause 6 above.

 

18.       CONTRACT

18.1.   HOW WE WILL CONTACT YOU

We will usually contact you via email or through your Account, although we sometimes post notices on our Website. You hereby agree to receive electronic communication from us, and you acknowledge that all contracts, notices, information and other electronic communications that we provide to you electronically comply with any legal requirements that require such communications to be in writing. This condition does not affect your statutory rights.

 

18.2.   HOW YOU CAN CONTACT US

18.2.1.  If you have any concerns about material which appears on;

(a)   our Website, please contact info@dearspharmacy.co.uk

(b)   If you have a concern with our Service, please get in contact with our Customer Service team. Our Customer Service team will try and resolve the issue without delay.

18.2.2.  You can contact us in relation to either the Website or the Services by:

(a)   Giving us a call on 01313322851

(b)   Emailing us at: info@dearspharmacy.co.uk

18.2.3.  If our Customer Service team isn’t able to resolve your concern, then we can register your concern as a complaint. We take complaints very seriously, and aim to deal with any issues faced by our patients quickly, compassionately, and effectively. For more information, please see below.

 

18.3.   HOW TO MAKE A COMPLAINT

18.3.1.  To make an official complaint about either the Website or the Services, you should contact the Customer Support management team. You can do this in any of the following ways:

(a)   phone: 01313322851 (Monday to Friday 9am to 6pm)

(b)   email: info@dearspharmacy.co.uk

(c)   post: Dears Pharmacy, 645 Ferry Rd, Edinburgh EH4 2TX