Last updated: 22nd December 2024.
BY ACCESSING OUR WEBSITE AND BY ORDERING PRODUCTS FROM US, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF SALE AND OUR WEBSITE TERMS.
- Who We Are
These Terms and Conditions apply to all products and services provided by Well by Vertis (trading name of SW Healthcare Services Ltd, registered company number 11929026, with a registered office at 38 Kenilworth Close, Redditch, B98 5JX, VAT number GB333468987) via our website www.wearewell.org.uk. Please read these terms carefully before placing any orders.
We work in partnership with Kitsons Pharmacy/Sohal (UK) Ltd, a registered company in England and Wales (company number 04707240, registered office: 2 Cedar Grove, Hagley, Stourbridge, West Midlands, DY9 0DR) to dispense your medicines.
- Definitions
“Billing period” means the period for which you agree to pay the subscription fees specified on the check-out page.
“Company” / “Us” /”We” means SW Healthcare Services Ltd, registered company number 11929026, with a registered office at 38 Kenilworth Close, Redditch, B98 5JX, VAT number GB333468987
“Consulting Services” means the vide 1-1 vide consultations provided by the GPs or nurses to you.
“Product” / “Products” / “Supplies” means the prescription-only items ordered by the Buyer.
“Subscription Services” means the provision of products to you and the provision of video consultations by GPs and nurses.
“You” / “Buyer” means the individual who visits our website and who purchases Products from Us.
- Contacting Us
You can reach us by email at team@wearewell.org.uk or by phone at 01905 969843. We will contact you via the email or postal address provided in your order. “Writing” or “written” includes emails.
- Age Requirement
You must be 18 years or older to place an order with us. By submitting an order, you confirm you meet this requirement and are legally capable of entering into a binding contract.
- UK-Only Sales
We only sell and ship products to individuals within the United Kingdom.
- Order Acceptance via Dispatch Confirmation Email
However, the contract becomes binding only when we accept your order and notify you by email.
You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in.
When you make the payment and place an order, We will acknowledge your order via email, which will provide you with an order number and summary of your order details.
You should note that this acknowledgment email does not constitute our acceptance of your order. This acknowledgment email constitutes your offer to buy a product from us.
All orders are subject to our confirmation that the ordered product(s9 has been dispatched to your delivery address.
A binding contract for the delivery of ordered products between us and you will only be formed when we send you a ‘Dispatch Confirmation Email’ that states that the relevant products have been dispatched.
We reserve the right to reject your offer to purchase products from us for any reason.
- Payment and Subscriptions
For one-off purchases, payment is taken when your order is accepted. For subscription services, including prescription-only products, payments are taken at regular intervals, which will be explained during the ordering process. Delivery costs can be seen on checkout.
- Changes to Orders and Products
You may request changes to your order by contacting us. We may change a product or service if required by law or regulatory requirements. We also reserve the right to cancel orders due to errors in pricing, stock availability, or issues related to your prescription.
- Price
The prices displayed on the checkout page include UK VAT at the applicable local rates.
Prices displayed on the checkout page exclude delivery costs.
Prices are displayed in Pounds sterling (£)(GBP).
Once you select a delivery method on the checkout page, delivery costs will be added to the total amount you will be required to pay.
We reserve the right to change the prices for all products at any time, without any notice.
Any changes made to prices will not affect orders in respect of which we have already sent you a Dispatch Confirmation Email.
Your order cannot be completed and accepted until the full payment is made.
We disclaim all liability for your bank or card issuer charging you as a result of our processing of your credit/debit card payment.
- Delivery Information
Products will only be shipped once your order has been prescribed to you by a clinician and we have sent you a Dispatch Confirmation Email, not on placing your order. Deliveries are sent via Royal Mail Tracked24 services to ensure secure and safe transport. Remote areas (e.g., Northern Ireland, Scottish Highlands) may take longer, up to two days. We are not liable for delays outside our control. You will be informed if delivery fails and instructed to rearrange it.
- Responsibility for Products
The title and risk in Products shall pass to you concurrently at the time of acceptance of delivery.
For prescription-only products, ensure immediate refrigeration upon receipt if required. Incorrect storage may void liability claims for damage or loss.
- Cancellations, Refunds, and Returns
You do not have the right to cancel your order and/or request a refund for medicines(Prescription-only products) once dispensed unless they have been damaged or faulty or have been incorrectly delivered.
Other products can be returned within 14 days of receipt, provided they are unused and in original condition. Refunds are processed within 14 days of receiving the returned items.
- Your Responsibilities
You are responsible for taking medications as prescribed. Always read the provided patient information leaflet, and if you believe the product has been stored in improper conditions during delivery, contact us immediately.
- Our Liability
We are liable only for the losses that are/were reasonably foreseeable.
We cannot exclude liability for personal injury or death caused by our negligence or fraud. We are not responsible for business losses or events beyond our control.
We shall not be liable to You for loss of profit, business, goodwill, anticipated savings, goods, contract, use, or data; or for any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses.
In any event, the total liability of Us in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise arising out of or in connection with the purchase of products shall not exceed the total amount paid to Us by you. This total limit on liability shall include attorney fees, legal fees, regulatory fines, and any direct and/or indirect damages.
Each Party shall use reasonable endeavors to mitigate its losses under these Terms.
- Your warranties and obligations
Nothing contained in our website, our content, our marketing materials, our product leaflets, and in these terms and conditions should be interpreted as medical, or other professional advice.
Failure to abide by any warning we provide to you could seriously damage your health.
You acknowledge that not all products are suitable for all medical ailments and occasionally, the use of a product may interfere with any treatment you are receiving or aggravate your condition.
In the event that you order a medicine for a person other than yourself or one of your children, you warrant that you have the authority of the person who has requested that you order the medicine.
You warrant that any information you provide is accurate and true.
You warrant that you will purchase and use our products for personal use only and you will not use them for any commercial purposes.
You warrant and undertake to complete our eligibility questionnaires, order forms, and video consultations with clinician(s) truthfully and honestly, revealing and disclosing all relevant information to the best of your knowledge.
- Force Majeure
If either party is prevented from carrying out its contractual obligations due to an act of God or force majeure (which shall include war, riot, civil commotion, explosion, fire, radiation, accident, government action, interruption in the supply of power, epidemic or other circumstances which are both beyond the Our control and which the application of due diligence and foresight could not have prevented) the Products shall be suspended until the circumstances have ceased.
If the suspension continues for a period greater than one month either party may terminate the Contract upon service of one month’s written notice.
- Indemnification
Buyer shall indemnify, defend, and hold harmless the Company (including its directors, employees, agents, contractors, and other personnel), from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against the Company arising out of or related in any way to any breach by the Buyer of any of the warranties and/or obligations arising out of or in relation to this Agreement, any specific orders or any of the Company’s services.
Company will notify the Buyer in writing via email within 120 days of our becoming aware of any such claim; give the Buyer sole control of the defense or settlement of such a claim; and provide the Buyer (at the Buyer’s expense) with any and all information and assistance reasonably requested by the Buyer to handle the defense or settlement of the claim. Company will not accept any settlement that (i) imposes an obligation on Company; (ii) requires Company to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Company without our prior written consent.
- Ending the Contract
We may terminate the contract if you fail to provide the necessary information or make payment. You may cancel the contract if there is a substantial delay or if we notify you of a change to the product that you do not accept.
- Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree that any dispute relating to its terms or subject matter shall be subject to the exclusive jurisdiction of the English courts.
- Other Important Terms
If any part of these terms is found unenforceable by a court, the remaining terms will remain in effect. Our contract with you may be transferred to another company, but this will not affect your rights under these terms.
- Intellectual Property Rights
Any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Product, Supplies, and/or its formula and know-how shall remain the exclusive property of the Company/Us.
We reserve all rights not explicitly granted under this Agreement.
- Subscription Terms
The Subscription Services shall be the provision of products ordered by the Customer and approved by the Clinician and the provision of video consultations by the GPs or Nurses.
The price for the subscription service shall be specified on the check-out page for each order.
The Subscription period shall be 28 days and shall run from the date on which the subscription services are purchased.
Unless the Customer/Company provides written notice of non-renewal at least 3 days prior to the end of the current subscription term, the Subscription shall automatically renew for successive renewal periods of 28 days (the “Renewal Term”). Each Renewal Term shall be governed by the same terms and conditions of this Agreement, unless otherwise agreed upon in writing by both parties.
- Full refund
The Customer can cancel his/her subscription and be entitled to a full refund if the following conditions are fulfilled cumulatively:
-Customer cancels his/her subscription through his/her account on our Website before booking an appointment for video consultation;
-Customer cancels his/her subscription before the product is dispatched to the Customer.
If the product is dispatched to the Customer, the Customer shall not have the right to cancel his/her subscription and request a refund.
- Partial refund
If the Customer books an appointment for a video consultation and then cancels his/her subscription before the product is dispatched, he/she will only the charged for the video consultations as specified by the Company.