Terms and Conditions of Sale for ellaOne - 28th November 2018
1. General Information
1.1. We are Precision Marketing Group a company registered in England with the company number 5322235. Our registered office is at 89, High Street, Hadleigh, Ipswich, IP7 5EA.
1.2. These Terms and Conditions of Sale set out the legal terms that apply when you place orders for Product through our website. You must read these Terms and Conditions carefully and agree to accept the Terms and Conditions before we will accept an order from you. If you do not accept these terms and conditions, you may not be able to purchase Products through this platform.
1.3. 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 there is something within these terms which you don’t understand, please contact us for further information.
2. Defined terms
2.1. Product or Products – Items offered for sale through our Sales Platforms.
2.2. Sales Platform – The medium controlled under these terms through which we offer Products for sale through our website.
3.1. Order requests may be placed by you through our Sales Platforms. We will review your request and indicate to you our acceptance by order confirmation which we will send to the email address you have provided to us. On acceptance of your order a contract will come into existence between us. We request that you review the confirmation to ensure that the Products that you have ordered are correct. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed
3.2. If we are unable to accept your order, we will inform you in writing and you will not be charged for the Product. We may reject an order request for several reasons including but not limited to Product
availability, errors in pricing and or Product description, inability to meet your required delivery schedule.
3.3. We will assign an order number to your order request and quote this as a reference in any communication that we may have regarding the order. We request that you also quote this reference when contacting us
in relation to the order.
3.5. The Products sold through the Sales Platforms are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe Products are being ordered in breach of this
4. Order Amendments Changes made by you
changes to the price and / or delivery schedule.
4.2. We will require you to confirm that you accept all changes that may result. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract at no cost to
5. Product Recall
5.1. ellaOne is a licensed medicine EU/1/09/522/001 and EU/1/09/522/002; Legal Category P (Pharmacy Medicine). As such, we are under an obligation to maintain procedures for identifying and tracing each unit, lot or batch of ellaOne and, where appropriate, components of the Product.
5.2. We are also under an obligation to establish and maintain procedures to control any adverse events relating to the use of ellaOne, and product that does not conform to specified requirements and may recall non-conforming product at any time where required by law or at our own discretion.
5.3. Should we identify non-conforming product that are deemed necessary to recall we will contact you and request the affected products be returned to us at the earliest opportunity. All costs related to the
return of non-conforming Products will be borne by us.
5.4. We will refund, or at your request, replace non-conforming Products. All costs including original shipment costs will be refunded. Where replacement is requested costs of any additional transportation for the return of non-conforming Product and its resupply will be borne by us.
6.1. we will offer different delivery methods that incur a variety of delivery charges. You will be able to select which service that you require depending on your required schedule. Delivery charges for each type of service will be clearly displayed on our website when they are offered to you or may be obtained by calling our customer services on 01284 715299.
6.2. We will always aim to dispatch orders in accordance with the specified delivery times; Buy Now: 3-hour options, and Buy Later: Order before 3pm, deliver via DPD next day.
6.3. It will always be clear on the order documentation the charges that have been made for delivery.
6.4. An email will be provided confirming your delivery time when we confirm acceptance of your order.
6.5. If supply 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 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.
6.6. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or a signature is required, our delivery partner will follow the standard procedure it applies if a product cannot be delivered. This will normally include leaving notification of the failed delivery with instructions of what will happen next.
6.7. If, despite our (or our delivery partner’s) reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the contract and return the Products.
6.8. If you do not provide this information to us at the time of placing an order, or within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not
be responsible for supplying Products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.9. We may delay supplying a Product to you if:
a) you fail to make payment to us for the Product;
b) if we suspect any order or transaction to be fraudulent or suspicious;
Should we delay supply and the amended delivery date does not meet your requirements you have the right to refuse to accept the Product. If you choose to refuse the Product, we will refund the costs of the Product.
6.10. You will assume the risk for the Product once it has been delivered to the delivery address which you specified when ordering the Products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the Product from the delivery address which you specified.
6.11. We do not use our brand name, all courier notifications will come from EO Direct.
7. Your Rights to End a Contract
Product Which is Faulty or Not as Described
7.1. In the event a Product is found to be faulty or not as described (including Product that is damaged on receipt), you may return it to us for investigation. Please contact us on 01284 715299 to report this and obtain a returns reference, returns form and shipment labelling.
7.2. Precision (on behalf of ellaOne) will investigate returns that are alleged to be faulty or not as described. You will be kept informed of the progress of any investigation and may be contacted if additional information is required.
7.3. Where Precision (on behalf of ellaOne) find the Product to be faulty or not as described a full refund will be provided including any delivery charges that were added to your order. Your statutory rights, will not be affected provided the Product in question is returned to us.
7.5. Should you change your mind. Under the Consumer Contract Regulations 2013, for the majority of Products purchased on line you have the legal right to change your mind within 14 days of receiving the Product. If during this period you change your mind and decide that ellaOne is not right for you we will accept returns of unopened / undamaged Products and provide a full refund of the cost of the Product.
How We Will Refund You
7.7. Where a refund is applicable we will refund the price paid for the Product and in the case of faulty goods the costs of any shipping charges that were incurred. Refunds will be provided within 14 days of receipt of the Product or completion of our investigation and will be by the method of payment you used to purchase the Product.
7.8. Where you are exercising your right to change your mind refunds will not be possible where the packaging or the tamper evident labelling has been damaged. It will be your responsibility to ensure returned Products
are effectively packed to prevent damage during return postage.
8. Our Right to End the Contract
8.1. We may end the contract at any time if:
a) you fail to make any payment to us when it is due;
b) 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, for example, your delivery address; or
c) you do not, within a reasonable time, allow our delivery partner to deliver the Products to you.
9. Price and Payment
9.1. The price of the Product will be the prices displayed on our website at the time you place your order request. The price charged will be clearly stated on your Order Confirmation and Invoice.
9.2. If the rate of VAT changes between your order date and the date we supply the Product we will adjust the VAT that you pay, unless you have paid for the Product in advance of the change to the VAT rate.
9.3. Normally you will be required to make payment for the Product before it is provided to you, unless otherwise agreed between you and Precision (on behalf of ellaOne). You will be required to submit payment details through our Sales Platform.
9.4 You represent and warrant that
a) you have the legal right to use any credit cards or other payment methods used to purchase the Product.
b) that the information that you supply is true, correct and complete.
10. Responsibility for Loss or Damage
YOUR ATTENTION IS PARTICULARILY DRAWN TO THIS CLAUSE
10.1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
a) 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.
b) 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 Services.
c) We are not liable for business losses. If you are a consumer we only supply the Products for to you for domestic and private use. If you use the Products for any commercial or business or re-sale purpose our liability to you will be limited as set out below.
10.2. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
a) Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable), or fraud or
fraudulent misrepresentation, or any liability where it would be unlawful to do so.
b) Subject to clause 10.2(a) above, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss
arising under or in connection with any contract between us.
c) Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited the fees paid by you for the Product under such Contract
11. Transfer, Application and Jurisdiction
11.2. You may only transfer your rights or your obligations under these terms to another person or entity if we agree to this in writing.
11.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5. 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.
11.6. These Terms and Conditions constitute the entire agreement between us in relation to your orders for the Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
11.7. The Terms and Conditions of Sale and contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms of Sale and the Contract to the exclusive jurisdiction of the English courts. If you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in the Scottish, Northern Irish or the English courts.
Last updated 28.11.18
Precision Marketing Group (on behalf of ellaOne) 2018 All Rights Reserved. This site is brought to you by Precision Marketing Group, Precision House, Lamdin Road, Bury St Edmunds, IP32 6NU.
ellaOne is a registered trademark of HRA Pharma Limited.