Terms & Conditions

• CANCELLATION & RETURNS
  • Subject to Clause 7.3 and 7.4: You may cancel Your orders by Writing to MedivaPharma directly by email info@medivapharma.co.uk and instructing Us of Your intention to cancel Your order by phone: 01908 617 328. You must return Your products suitably and securely packaged and in good quality condition; We do not accept returns of products that have been removed from their own sealed packaging unless
• The incorrect products have been supplied to You;
• Products are returned in response to a breach or recall;
• Products are damaged or faulty.
  • You are liable for the costs of returns.
  • We do not accept return of prescription dispensed products that have left Our premises under any circumstances (unless errors have occurred that is irrefutably proven to the fault of Us, the Supplier).
  • We do not accept the return of cold chain products in under any circumstances once they have been dispatched from the pharmacy premises (unless errors have occurred that is irrefutably proven to the fault of us, the Supplier). The Goods cannot be cancelled once the order has been dispatched from the pharmacy premises.
  • Any errors that may occur as a result of a third party providers (courier, and or supplier) failure to deliver a package/service will not constitute grounds for a return. We, the seller, does not accept responsibility for issues that may occur outside our control.
  • Returns are considered only when the request is made in Writing as stated in clause 7.1, and accompanied with a ‘Returns Request Form’. Failure to adhere to the Sellers terms and conditions outlined within the Sellers returns policy will nullify the buyers claim for returns.
  • Breakages, errors, receipt of incorrect Goods must be reported in Writing to Us within 24 hours of receipt of the order. Incorrect Goods (excluding cold chain products) must be returned in their original packaging and the seal unbroken, within 5 days of receipt of order. Cold chain products must always be returned to Us within 24 hours of receipt of delivery. Any breakages or faulty products must be provided top Us with original packaging for the intent of further inspection.
  • We accept returns of incorrect medicinal products dispensed in error (medical devices, non-cold chain products) that have left our premises only when the following criteria has been met by You:
• The products are un-damaged, unopened, in good quality condition.
• The products have not expired;
• You can demonstrate that the product(s) has been transported, stored and handled in accordance to their storage requirements for the brand in question.
• The batch number matches that of the batch provided from Us.
  • The Seller reserves the right to destroy any Goods that are returned by the Buyer without the express consent of the Buyer..
  • We reserve the right to impose a charge that is payable by You when an collection is arranged by Us.
  • Do not in under any circumstances return, used, contaminated products to Us; We will refuse to accept delivery or collection.
  • We will not refund or credit any item/product that has been lost, defaced, or damaged in transit to Us.

8. RISK AND TITLE
   • Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery, at the time when the Seller tenders delivery of the Products. Notwithstanding delivery and the passing of risk in the Products, or any other provision of these conditions, the title in the Products shall not pass to the Buyer until the Seller has received payment in cash or cleared fund s for the full price of the Products and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
   • Until the title in the Goods has passed to the Buyer, the Buyer shall hold the Goods as the Sellers fiduciary agent and bailee and shall:

• Not part with possession of the Goods
• Keep the Goods separate from those of the Buyers and third parties Goods, properly stored, protected and insured as the Sellers property.
• Keep the Goods free from any charge, lien or other circumstances. If the Buyer fails to do so, then all monies owing the Buyer to the Seller shall be immediately become due for payment.
• Until the title in the Goods has passed to the Buyer (providing that the Goods are still in existence and have not been re-sold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to comply immediately, The suppler holds the right to enter any premises of the Buyer or any third party where the Goods are stored, and inspect or repossess the Goods.
• Any rights the Buyer may have to possession of the Goods shall immediately cease in any event of: Any sum owed by the Buyer to the Seller is not paid to the Seller by the date when it is due or when the Buyer commits a breach of Contract and Terms.
• Whilst the Buyer is in possession of the Goods (with consent of the Supplier) the Buyer may in the ordinary course of business sell the Goods provided that the Seller, MedivaPharma is not empowered to commit to any additional Contractual relationship with, or liability to, the sub-Buyer or any other person/representative. The Buyer shall hold the proceeds of such sales on trust for the Seller. The Seller shall be entitled to any interest earned on the fiduciary account. If the proceeds of the sales received by the Seller exceed the sum owed by the Buyer in respect of the Goods owed, then the Seller will return the excess amount only.
• Notwithstanding clause 8, We, the Seller, shall be entitled to bring an account against You, the Buyer, for the price of the Goods in event of non-payment by You, the Buyer by the due date even through property of the Goods has not passed to the Buyer and/or shall have the right by notice to the Buyer at any time after delivery to pass property in the Goods to the Buyer as from the date of such notice.

9. LIABILITY
   • The Seller warrants that the Goods shall be of satisfactory quality in accordance to the relevant acts/regulations. All other conditions, warranties, and representations expressed or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
   • Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates. In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
10. TERMINATION
    • The Seller may terminate the Contract with the Buyer immediately by giving notice to the Buyer if the Buyer has received or a administrative receiver is appointed, passes a resolution for winding up, or a court of competent jurisdiction makes an order to that effect, becomes subject to an administration order enter into any voluntary arrangements with its creditors or ceases or threatens to cease to carry on a business or if any national or local law equivalent of any of the following occurs:

• The Buyer fails to pay on the order due date or within any agreed period of grace, any sum due under this or any other contract.
• The Buyer commits any breach of the terms specified in this contract.
• The Buyer exceeds the credit limit with the Supplier
• The Seller reasonably perceives that above factors are possibilities.
  • The contract is terminated and delivery of the Goods has not been paid for by the Buyer, the sum of monies will immediately become due for payment.

11. PRESCRIPTION PROCESSING
    
    • All Prescriptions must be completed to the best of Your knowledge and include expressed patient consent/permission in the form of a signature and patient contact details. Prescriptions will not be dispensed without confirmed patient consent.
    • Prescribed Goods are intended for named patient only and are not for re-sale.
    • The prescription will be dispensed to an address nominated by the patient.
    • The prescription is the property of the patient, the patient may nominate the prescriber to pay, store, and receive the prescription Goods on behalf of the patient.
    • The cost of the prescription remains the liability of the named patient. In the event of non-payment, The Seller reserves the right to pursue payment from the patient’s agent (prescriber(s), account holder, and patient, joint or severally. In the event that the Seller incurs any VAT liability as a result of patient agent reselling or otherwise abusing the zero rates status of prescription items for named patients, the Seller will be entitled tor recover all such VAT from the Buyer(s)
12. MISCELLANEOUS

12.1 We, MedivaPharma provide a range of business support services to our clients. You accept that We will not be held accountable or liable for any implications, costs, consequences or actions experienced by You as a direct or indirect result of the material, product, services you have received an accepted from Us.