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 our website located at https://www.medexpress.co.uk/ ("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 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 have any questions about these terms or you think that there is a mistake in these terms, please contact us to discuss.

1.3 By purchasing products and/or subscriptions on our Website, you acknowledge that you have read, understood and agree to comply with these terms. We also recommend that you save a copy of these terms for your records.

2 Information about us and how to contact us

2.1 Who we are. We are MedExpress Enterprises Limited a company registered in England and Wales under the trading name of MedExpress. Our company registration number is 8805262 and our registered office address is: Unit H, Ashbourne Drive, Leamington Spa, England, CV31 3SS. Our registered VAT number is GB410090946.

2.2 How to contact us. You can contact us using the following email address hello@medexpress.co.uk or by telephone using the following number 0208 123 0508.

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 Our prescribing service is run by Central Medical Solutions Ltd (1-10530502312) ("CMS"), a clinically led organisation regulated by the Care Quality Commission (CQC). MedExpress itself operates as the registered pharmacy responsible for dispensing and dispatching medications, and is regulated by the General Pharmaceutical Council (GPhC) under registration number 9012633. For some prescriptions, we also work with Health Finder Pro (1-8880550015), a trusted third-party provider that is also CQC-registered. You can verify our credentials at any time:

• We’re listed on the official GPhC online register
• Our CQC registration can be found here

2.6 Each prescriber is also individually licensed by their relevant regulatory body.

3 Our contract with you

3.1 In order to access our consultation services and/or products via our Website, you will need to register for an account on our Website.

3.2 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.

3.3 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.

3.4 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 help@medexpress.co.uk.

3.5 Your age and ability to contract. In order to take a subscription for products and/or purchase products on a one-time basis, you must be at least eighteen (18) years old, have the power to enter into a contract with us and not be prevented from doing so under any applicable laws, and you must be a resident of the UK.

3.6 Consultations. Where your product requires a prescription, please note that we require you to complete an initial clinical consultation in the form of an online questionnaire ("Consultation"). When you visit our Website, please follow the relevant prompts to complete the relevant Consultation. On completion of the Consultation, you can select your preferred treatment and dosage for consideration by our prescribing team. Payment will be taken from you at this stage and you will be asked to upload identification documents (see below), photo verification, your GP’s details and in some cases, you may be required to provide access to your NHS summary care record.

3.7 Clinical reviews. In relation to prescription medicines, you may also be required to complete regular clinical reviews throughout your treatment journey and we reserve the right to suspend further prescribing or dispensing until such clinical reviews have been satisfied.

3.8 ID Verification – if you wish to make a one-time purchase or subscription for a prescription only medicine, then we will request identification documentation from you to be uploaded to our Website and we may also automatically verify your identity using one of our verification partners, before we can issue your prescription to you and supply you with the relevant products. We will need to share your full name, date of birth and full postal address.

Please note that we may request further information by email (such as addition ID documentation, accepted methods available here) if we are unable to verify your identity in this manner and should you fail to pass the ID verification process, we will not be required to issue the prescription to you or to supply you with the corresponding products

3.9 Placing orders. When you submit a one-time order for products and/or a subscription for products on our Website, this is an offer from you to purchase products and/or subscriptions for products from us. To process your orders for products and subscriptions, we depend on the accuracy of the information that you provide to us when you place your order/sign up. Unfortunately, we cannot be responsible if, for example, you do not receive your order because you have made a mistake in the email or postal address that you have provided to us. Please note that you may be required to undertake an online consultation before you can place an order for a product.

Furthermore, all orders for prescription only medicines are subject to our confirmation that the selected treatment or product is suitable for you and the issue of a prescription to you. If we determine that the selected treatment or product is not suitable for you and/or it is not clinically appropriate to supply such selected treatment or product to you, then we will not issue a prescription and we will reject your order.

3.10 Processing your one-time order for products. Please note that where relevant, the steps above in relation to consultations, identification, verification and the issuance of prescriptions will also need to be complied with. Our acceptance of your one-time order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.11 Processing your subscription. We will try to process your subscription promptly, but we do not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to commence a subscription. Please note that where relevant, the steps above in relation to consultations, identification, verification and the issuance of prescriptions will also need to be complied with. Your offer will only be accepted by us and a contract formed when we have successfully verified your details, at which point we will start your subscription. We reserve the right to reject any offer in our sole discretion, for any or no reason.

3.12 Start of your subscription. You agree that your subscription will begin as soon as we send you the email confirming your subscription.

3.13 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, because of unexpected limits on our resources which we could not reasonably plan for, because the selected treatment or product is not suitable for you and for the issue of a prescription to you and/or because it may not be clinically appropriate to supply the product you have ordered, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.

3.14 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.

3.15 Subscription term. The duration of your subscription and the frequency of your payments will vary depending on which subscription option (i.e. weekly/monthly/annually) you have chosen. We will let you know if a minimum term applies and what the minimum term is before you agree to purchase your subscription and when we accept your order.

3.16 Subscription renewals. Your subscription will automatically renew for the same subscription period (e.g. weekly/monthly/annually). Upon renewal, we will charge the current subscription price using the same card or other payment method that you previously used.

3.17 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.

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

3.19 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

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

5.1 As mentioned above, the prescribing and dispensing services for products on our Website (“Prescriber Services”) will be carried out by prescribers at CMS, Health Finder Pro and/or the Pharmacy ("Prescriber Entities").

5.2 Prescriber Entities will:

(a) provide the Prescriber Services with reasonable skill and diligence expected from a highly qualified and high-quality provider of prescriber services;

(b) obtain, maintain and comply with the terms of all necessary consents and licences (including those of the GPhC and CQC);

(c) ensure that all of its prescribers have the relevant registrations and/or licences to enable them to lawfully provide the Prescriber Services;

(d) comply with all applicable laws, regulations, orders and other instruments relating to the provision of the Prescriber Services.

6 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 9.3.2).

7 Our right to make changes

7.1 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.

7.2 Changes to subscriptions. We may modify the price of any subscription, remove and/or offer certain other subscription services from time to time. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price. Such increase will apply from the earlier of: (a) your next renewal; or (b) billing date. If you do not want to renew your subscription, you should also cancel your payment instruction and exercise your right to cancel in accordance with 9.3.2 below.

7.3 We may update your subscription or these terms from time to time, including without limitation for legal or regulatory obligations/reasons, to make minor technical adjustments and improvements to make sure these terms are sufficient to operate the products and services on the Website and the subscription service and for any other reason at our discretion. Revised terms will be posted on the Website.

7.4 If we make any significant amendments or changes that could affect the subscription, we will let you know in advance so that you can decide whether you wish to cancel your subscription by contacting us using the contact details below, or proceed with your next renewal. The amended terms will apply to your subscription from your next renewal date after we notify you of such changes.

8 Providing the products

8.1 Types of orders. We offer products on a one-time purchase or subscription basis.

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

8.3 When we will provide the products. We will aim to dispatch your order as soon as reasonably possible, however any delivery date specified is approximate only.

8.4 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.

8.5 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.

8.6 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.

8.7 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.

8.8 Subscription Scheduling. When you place a subscription order, you will be prompted to schedule when you wish your products to arrive. You may also modify the schedule for future deliveries for the same subscription in your account settings, by making changes at least ninety-six (96) hours prior to the next scheduled shipment. Please note that available ship dates are determined at our discretion and may vary based on a variety of factors including, but not limited to, inventory, geography, and automatic shipping preference.

8.9 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.

8.10 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.

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

8.12 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.

8.13 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.

8.14 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.

8.15 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.

8.16 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.

8.17 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.

9 Your rights to end the contract

9.1 The statutory "cooling off" right set out in clause 9.2(a) does not apply to your purchase of prescription medicines, other medicines supplied by a healthcare professional as part of a health service, consumable products, perishable products, bespoke or personalised products, or any products that are sealed for health protection or hygiene reasons.

9.2 "Cooling off" period

(a) Subject to the exceptions set out in clause 9.1 above, you have a legal right to change your mind during the "cooling off period". The cooling off period is 14 days from the date of delivery of your one time purchase or the first delivery of your subscription (as applicable).

(b) If you change your mind in accordance with in clause 9.2(a):

(i) you can contact us using the contact details in these terms or send to us the model cancellation form, which is available at the end of these terms ("Cooling-off Cancellation Notice"). To help us process your cancellation and return, please quote your order number;

(ii) if you have already received your order, you can return products to us at your own cost within 14 days of Cooling-off Cancellation Notice to the following address Unit H, Precision Park, Ashbourne Drive, Leamington Spa, Warwickshire, CV31 3SS. All returned products must be new, unused and sealed in their original packaging;

(iii) we will provide a full refund (including standard delivery charges), as soon as possible. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to us, we will issue the refund no later than 14 days after the day we receive the products back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the products back. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products. You are responsible for the products while they are in your possession. We will issue your refund to the same payment method you used when you placed your order.

9.3 Your other rights to cancel

9.3.1 For one-time purchases:

(i) we have told you about an upcoming change to the product (please refer to clause 7);

(ii) 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;

(iii) 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 clause 9.1 above.

9.3.2 For subscriptions:

(a) You may cancel your subscription by choosing to do so via your account settings at least 10 days prior to your next scheduled shipment. In the event that cancellation is made after less than 10 days prior to your next scheduled shipment, you will be charged for that shipment, and the cancellation will take effect from the following month.

9.4 How we will refund you. If you are exercising your right to end a contract based on the reasons set out in clause 9.3, 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.

10 Our rights to end the contract

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

10.2 We may suspend or end the contract immediately at any time by writing to you if:

(a) you break the contract;

(b) you are abusive towards our staff;

(c) you have a subscription with us and we are not able to fulfil orders under that subscription due to a product or products being unavailable;

(d) we reasonably believe you have breached the terms of the contract;

(e) 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 and/or make a payment to us for your order and/or fail to update us of a change of address;

(f) you do not, within a reasonable time, allow us to deliver the products to you; and/or

(g) we are required to do so for a legal or regulatory requirement.

10.3 Where possible, we will notify you using your contact details provided to us in advance of any cancellation or suspension.

11 If there is a problem with the product

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

11.2 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.

12 Price and payment

12.1 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 take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 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.

12.3 What happens if we get 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.

12.4 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.

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

12.6 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.

12.7 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.

12.8 Automatic scheduling of subscriptions. If you schedule subscriptions, you understand and agree that the a fee will be charged against the payment details registered with your account on a recurring basis according to the frequency you have selected.

13 Our responsibility for loss or damage suffered by you

13.1 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.

13.2 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; and/or for breach of your legal rights in relation to the products.

13.3 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.

13.4 Subject to clauses 13.1-13.3 above, our responsibility to you for losses suffered in connection with:

(a) your one time order for products will not exceed the order price paid by you for such order; and

(b) your subscription for products will not exceed the total subscription fees paid by you (which in all cases, including rolling subscriptions, will be a maximum of the preceding twelve (12) months).

14 How we may use your personal information

14.1 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.

15 Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. In such circumstances, we will let you know in advance so that you can decide whether you wish to proceed with your next renewal.

15.2 We shall not be responsible for any failure to perform our obligations to you if such failure is caused by circumstances beyond our control.

15.3 We shall not be responsible for any failure to fulfil any aspect of your one-time order or subscription order for products if this is due to the supply of incorrect details by you.

15.4 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.

15.5 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.

15.6 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.

15.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you agree to the exclusive jurisdiction of the English courts.