Terms and conditions of use
Terms & Conditions
1 DEFINITIONS
1.1 "Buyer" or "you" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning set out in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" or "we" means 'Vetmeds Limited', Unit 2 Airfield Road Trading Estate, Airfield Road, Podington, Northants NN29 7XA, trading as 'Vetdispense.co.uk'
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.vetdispense.co.uk
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the customer service department at the Seller's address stated in clause 1.5.
2.6 By placing an order through our site, you warrant that you are legally capable of entering into a binding contract and you are at least 18 years old.
2.7 Product descriptions found on this site reflect the opinions of the author and should only be used as a guide. Such opinions or descriptions can only be taken in conjunction with advice from your vet. No liability is accepted for accuracy of content or any other matter.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available within 2 days the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be on the Website at the time you place the order. Delivery costs may be applicable in addition. Please see section entitled Delivery Information. The buyer shall pay the price inclusive of VAT at the standard rate of 20%.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4.5 Failure to make payment of the full price or failure for funds to clear may result in the Seller cancelling the order.
4.6 All reasonable attempts have been made to ensure the correct prices are displayed at all times, however the Seller reserves the right to cancel an order if a typographical mistake has occurred.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
8 DELIVERY
8.1 Delivery times will vary dependent on the product type and delivery service chosen
8.1.2 You must notify us of any missing or wrongly-received items within 14 days
8.2 For the purposes of placing an order normal business hours are 9:00 - 16:30 and normal business days are Monday to Friday. Orders placed during normal business hours shall be deemed to have been received on that business day or if not within business hours, at the opening of business hours on the next business day.
8.2 Prescription Only Medicines (POM-V)
8.2.1 When an order for a prescription only medicine (POM-V) is made the Buyer must post, fax or email a completed, and signed written prescription for the drug he/she requires. The Buyer can download an online prescription form here which he/she should present to his/her vet for completion and signing. The Buyer's veterinary surgeon may choose to use his own prescription form. Please ensure all the relevant information including pet details and address are accurate. The Buyer must ensure his/her Veterinary Surgeons contact details are clear in case we wish to contact him/her to verify any information and confirm your order to prevent fraudulent prescriptions.
8.2.2 Failure to return the correct written prescription form within 21 days from the day of ordering will result in cancellation of the Buyer's order and termination of the contract in respect of that order, unless otherwise agreed by the Seller. The Buyer will only receive a refund or credit for any sum that has been paid for products that not been ordered in especially.
8.2.3 Where the Seller cannot deliver the prescription only medicine to the Buyer within 30 days from the day of placing the order with the Seller, the Buyer will be notified by email and given the opportunity to agree a new delivery date or receive a full refund.
8.3 Non Prescription Medicines and Products
8.3.1 When an order for a non prescription medicine or product is made the Seller will use reasonable endeavour to deliver the goods to the Buyer within 7 working days of acceptance of the order, but in any event within 30 days from the day the order was placed with the Seller.
8.3.2 Where the Seller cannot deliver the non prescription medicine or product to the Buyer within 30 days from the day of placing the order with the seller, the buyer will be notified by email and given the opportunity to agree a new delivery date or receive a full refund.
8.3.3 Mixed orders including prescription and non prescription products will be subject to the terms applicable to prescription only medicines. Delivery times will be dependent on receipt of a written prescription. If the Buyer wishes to cancel an order for a non prescription product owing to a delay, a full refund may not be applicable if the delay was in part caused by a failure to provide a written prescription for a prescription only medicine ordered at the same time.
8.4 Delivery times for goods supplied outside the UK will be agreed on an individual basis by email.
8.5 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.6 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.7 If for whatever reason the Buyer will not accept delivery of any goods or the supplier is unable to deliver the goods on time because the Buyer has not provided appropriate instructions:
8.7.1 The Seller may store the goods until delivery is possible, at which time the Buyer will be liable for all reasonable costs and expenses.
8.7.2 If the Buyer does not accept delivery of any goods because the contract has been cancelled pursuant to clause 9.2 the Buyer will receive a refund or re-credit for any sum that has been paid for the goods within 30 days of cancellation less delivery costs.
8.8 Title and legal ownership of the goods shall remain with the Seller until payment in full has been received by the Seller.
8.9 It is the buyer's responsibility to ensure that orders to be delivered to an address outside of the UK contained no items that are prohibited in the destination country and/or all relevent permits/documentation have been applied for to allow importation. The Seller will not be liable for any import duties or other customs fees.
9 CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by emailing support@vetdispense.co.uk within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract (the Contract may not be cancelled by a telephone call only). If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 If you are a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller emailing support@vetdispense.co.uk within 7 working days of receipt of the Goods. The buyer may not cancel the order if the goods supplied were made to the buyers specification, are personalised, or if the goods are liable to deteriorate or expire rapidly.
9.3 Goods must be returned by the Buyer at the Buyer's expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges, return postal charges and any other reasonable administration fees) within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.4 Prescription Only Medicines may not be returned except to correct a dispatch error or in response to an official manufacturers recall.
9.5 Goods to be returned must clearly show the order number obtained from the Seller on the package. Goods should be returned to the Sellers business address. Goods should be returned securely packed preferably in the original packaging or in similar packaging suitable to the product.
9.6 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage. The Seller reserves the right to refuse return of Goods where they have been used, cannot be resold, or have been handled or stored inappropriately.
9.7 The Seller reserves the right to reduce the quantity of prescription only medicines supplied if the quantity ordered does not tally with the written prescription received.
9.8 If a prescription-only order over £5.00 is cancelled within 30 days because the Buyer does not have a valid prescription, the Seller reserves the right to retain 15% of the order value, for Prescription-only orders under £5.00 that are subsequently cancelled NO REFUND WILL BE GIVEN - This is because products are ordered in especially as soon as the order is received, and subsequently picked and packed as well as commission being paid by the Seller to process the payment. Orders for Prescription-only items cancelled after 30 days will not be refunded.
9.9 It is an offence to alter a prescription in any way without authorisation from the prescribing veterinary surgeon. If we identify any prescription misuse, we will inform our regulatory authority, the Veterinary Medicines Directorate (VMD). The VMD will investigate and decide what further action to take. In the event of prescription misuse, we will cancel you order and refund your payment, less an administration charge of £40.
9.10 We are unable to replace or refund temperature-sensitive orders if the Buyer is not at the premises to accept the delivery after they have be notified of the delivery day. Notification will be via a Royal Mail SMS text message and an email from the Seller the day before delivery will take place. Temperature-sensitive orders cannot be left unnattended without a signature at an address.
10 VETERINARY MEDICINAL PRODUCTS
10.1 Nomenclature
POM-V Prescription Only Medicine - Veterinarian
POM-VPS Prescription Only Medicine - Veterinarian, Pharmacist, Suitably Qualified Person
NFA-VPS Non-Food Producing Animal - Veterinarian, Pharmacist, Suitably Qualified Person
AVM-GSL Authorised Veterinary Medicine - General Sales List
10.2 The Seller will endeavour to ensure that the supply of goods through this website, or via fax or telephone orders, will comply with all the current regulations as set out in the Veterinary Medicines Regulations 2005 (Statutory Instrument No 2745). These regulations are amended periodically by the Veterinary Medicines Directorate (see www.vmd.gov.uk).
10.3 In supplying veterinary medicinal products to the Buyer the Seller does not become responsible for the care of any patient detailed in any written prescription from a third party Veterinary Surgeon. The patient(s) detailed in any written prescription remain under the care of the prescribing Veterinary Surgeon.
10.4 As a supplier of Veterinary Medicinal Products the Seller must be satisfied of the appropriateness of the prescribed medicine. In order to fulfil this requirement the Seller will ask the Buyer to supply certain information at registration and/ or checkout. In addition to the Buyer's own details the Seller will require details of the patient in question. Without limitation to the foregoing generality we will require the patient's species, breed, date of birth or age at registration, body weight (if known), details of concurrent medication, details of any previous adverse reactions (if known), and any other relevant medical history. It is very important that you supply the Seller with accurate information since the Seller will rely on this, in good faith, in order to understand the patients requirements and to determine that the goods prescribed or dispensed are appropriate. The Seller is strictly required to supply the POM-V specified by the prescribing Veterinary Surgeon and cannot offer a substitute, however if the Seller feels it is inappropriate it will be query this with either the buyer or prescribing the Veterinary Surgeon. In addition the Seller will rely on the Buyer's accurate, detailed information in order to provide appropriate advice on the use of any medicines or Goods. Any false or inaccurate information that a Buyer provides could result in an inappropriate medicine being prescribed or dispensed for the condition of the patient. The Buyer must undertake to provide genuine and accurate information to the Seller. The Buyer must acknowledge that the Seller shall have no liability or responsibility for any or all loss or damage incurred by the Buyer or a third party including without limitation direct loss or indirect loss as a result of the Sellers reliance on inaccurate or false information supplied by the Buyer or on his/her behalf in relation to the prescribing or dispensing of certain veterinary medicinal products.
10.5 If the Seller believes any of the information supplied to be false or inaccurate then the Seller reserves the right to verify such information and reserves the right to contact either the Buyer or his her Veterinary Surgeon in order to do so.
10.6 To counteract false certification or counterfeit written prescriptions for the supply of Veterinary Medicinal Products the Seller reserves the right to contact the prescribing Veterinary Surgeons to confirm the authenticity of written prescriptions.
10.7 The Seller may request that prescribing Veterinary Surgeons provide their Royal College of Veterinary Surgeon registration number (optional) and contact details ( tel, fax, email) in order to verify authenticity.
10.8 Prior to supply and use of any Goods from the Seller, it is very important that the Buyer is completely satisfied that:
The supplied Goods are appropriate for the intended use.
The Buyer knows how to use and administer the Goods correctly and safely at the appropriate dose rate.
The Buyer knows how to handle, store, and dispose of the Goods.
10.9 In order that the Buyer is satisfied regarding the matters set out above (clause 10.8) regarding the safe and appropriate use of veterinary medicinal products the Seller requests that the Buyer reads the data sheet information supplied by the manufacturer for the veterinary medicinal products that the Buyer intends to purchase prior to purchase. These data sheets are available to read at the website for the National Office of Animal Health (NOAH) www.noah.co.uk.
10.10
By confirming that the Buyer has read and understood our terms and conditions the Buyer confirms that he/she is satisfied that he/she has sufficient understanding and knowledge regarding the matters set out above in clause 10.8 concerning the appropriate and safe use of any veterinary medicinal products supplied by the Seller. In addition the Buyer confirms that he/ she is aware that all the necessary information regarding the matters set out in clause 10.8 is available in the data sheets found at www.noah.co.uk.
10.11 The Seller will endeavour to ensure that all veterinary medicinal products supplied by the Seller are accompanied by a manufacturers data sheet. We cannot guarantee that a data sheet will always be available.
10.12 Any POM-V products purchased from the Seller are for use strictly in accordance with the Instructions set out by the prescribing Veterinary Surgeon. These instructions will be clearly shown on the label attached to the product. These products should only be used on the animal detailed on the written prescription and no other. These products are not for resale. The Buyer is not entitled to assign the contract or any part of it without the prior written consent of the Seller.
10.13 Any POM-VPS or NFA-VPS products purchased from the Seller are strictly for use on your own animals. Their use should be strictly in accordance with instructions provided either on the enclosed data sheet or attached label. These products are not for resale.
10.14 If the Buyer requires any additional information or advice regarding any goods supplied by the Seller on this website prior to purchase of those Goods, including without limitation, if having read all the relevant information on such goods in the appropriate data sheet, the Buyer still has any queries or requires any additional advice regarding the supply or use of veterinary medicinal products, then the Seller recommends that the Buyer contacts the Seller at support@vetdispense.co.uk. The Buyer will either receive a response from one of our Veterinary Surgeons, a Suitably Qualified Person (SQP), or a customer service advisor. We will retain details of all correspondence.
11 LIMITATION OF LIABILITY
11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
11.3 If the Buyer has obtained a prescription from a third party for veterinary medicinal products to be supplied by the Seller, the Seller excludes all liability for any loss that may result to the Buyer or a third party, including without limitation any direct loss or indirect loss, in connection with our reliance on and supply of veterinary medicinal products pursuant to such a prescription. The Buyer hereby acknowledges that he/she is solely responsible for ensuring that he/she is satisfied regarding all matters set out in clause 10.8 prior to purchase of veterinary medicinal products as the Seller will not routinely carry out any investigation, and accept no responsibility to carry out any such investigations, regarding the suitability of any veterinary medicinal products purchased pursuant to clause 10.8
12 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
14 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16 LINKS
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The Links to all third party websites are provided for the Buyer's convenience. If the buyer uses any of these links then he/she will leave this site. The Seller has not reviewed all of the content of these third party sites, and can make no guarantee regarding their availability. The Seller cannot endorse or make any representations about these websites, or their content , or any results that may be obtained from using them. If the Buyer decides to access any third party website linked to this website and relies on any information contained in such websites then he/she does so entirely at his/her own risk.
17 WEBSITE ACCESS
17.1 This site will ordinarily be available 24 hours a day though the Seller shall not be liable if for any reason it is unavailable at any time. The Seller may temporarily suspend access without warning for maintenance, in the event of computer failure, or for reasons beyond our control.
17.2 As part of the registration process the Buyer may be provided with a user identity and may have to choose a password as part of the security process. The Buyer should treat this as confidential and not disclose this information to any third party. The Seller has the right to disable any user identity and password at anytime if in its opinion the buyer has failed to comply with any of the provisions set out in the terms and conditions.
18 COMPLAINTS
If the Buyer has any queries or complaints regarding the contract with the Seller, he/she should contact the Seller by telephone on 0123 783113 (office hours 09:00 - 16:30), emailing support@vetdispense.co.uk, or write to Vetmeds Limited, Unit 2 Airfield Road Trading Estate, Airfield Road, Podington, Northants NN29 7XA.
19 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 VETMEDS LIMITED
Vetmeds Ltd is a company incorporated under the companies Act.
Company Number : 06649691
VAT Registration Number: 993 8683 44
Business Address: Unit 2 Airfield Road Trading Estate, Airfield Road, Podington, Northants NN29 7XA
Telephone: 01234 783113 (office hours 09:00 - 17:00)
Fax: 01234 817534
Email: sales@vetdispense.co.uk
The Director of Vetmeds Ltd (Alan Lack) is a practicing Veterinary Surgeon and a member of The Royal College of Veterinary Surgeons