1. Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website” means any website of ours, and includes all web pages controlled by us.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2. Our contract with you
2.1. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
2.2. Our website www.cunninghamspharmacy.com should be used only by those aged over 18 years .This includes placing orders,registering for an account or newsletter or availing of any service set out on our website.
2.3. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.4. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
2.5. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
2.6. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
3. Acceptance of your order
3.1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
AND
3.2. Your order is an offer to buy from us. We shall accept your order by [e-mail confirmation].That is when our contract is made. [Our message will also confirm details of your purchase and tell you when we shall despatch your order].
3.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- 3.3.1 accept the alternatives we offer;
- 3.3.2 cancel all or part of your order.
4. Price and payment
4.1. The price payable for the Goods that you order is clearly set out on Our Website.
4.2. Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside EU, VAT will be deducted at the payment point.
4.3. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
4.4. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than days from the date when we accept that repayment is due.
5. Security of your credit card
We take care to make Our Website safe for you to use.
5.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6. Cancellation and refunds
This paragraph applies if you buy as a consumer as defined in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
6.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
6.2. The following rules apply to cancellation of your order:
- 6.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
- 6.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
- 6.2.3 We will return your money subject to the following conditions:
- 6.2.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
- 6.2.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
6.3. The option to cancel your order is not available:
- 6.3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
- 6.3.2 If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
6.4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
6.5. In any of the above scenarios, we will return your money within 14 days.
7. Liability for subsequent defects
7.1. We will repair or replace Goods which show a defect. If you claim that the item is defective, the following conditions apply:
- 7.1.1 the defect must be reported to us within four weeks of becoming apparent;
- 7.1.2 the defect results only from faulty design or manufacture;
- 7.1.3 you have returned the defective Goods or parts to us if we have so requested.
7.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
7.3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
8. Delivery and pick up
We strive to dispatch all products as quickly as possible. Orders will be dispatched using either DPD or An Post for Irish addresses.See Delivery and Collection.
9. Online Medicine Sales
All medicines that we supply are sourced from an authorised manufacturer or an authorised wholesaler. We ensure the quality and safety of the medicines, the security and integrity of the supply to eliminate the risk of counterfeit medicines entering the supply chain.
We can only deliver Licensed Medicines within Ireland.
You must be aged 18 years or over to purchase medicines online at www.cunninghamspharmacy.com. By purchasing any medicines and agreeing to the terms and conditions.
Record Keeping
In accordance with legislation the records listed below will be retained securely for a period of two years from the date of purchase.
1. Every invoice for medicines obtained, which include:
- The date of the transaction,
- The name and quantity of the product obtained, and
- The name and address of the supplier
2. A record of each transaction involving the supply of medicine to our customers, including:
- The order number,
- The date of the transaction,
- The name and quantity of the product supplied,
- The name and address of the person to whom the product was supplied.
3. A record to show that prior to supplying/dispatching of the product, the customer has confirmed that they agree with and understand the terms and conditions which include:
- They are over 18 years old,
- They are aware that the medicine should be used in accordance with the recommendations for use contained in the product packaging,
- The total quantity of the product to be supplied in the transaction is a quantity that is reasonably required for the purchaser’s own treatment, having regard to any previous supply to that purchaser.
- Where a maximum quantity to purchase is stated on a medicinal product, this is the maximum amount that we will supply in any one transaction. Repeat medicines purchases will be monitored.
- Any medicines which are liable to abuse and/or misuse will be identified along with any repeat requests for medicines from the same customer. Where we suspect a medicine may be being abused or misused a supply will not be made and a full refund will be given.
A pharmacy supplying medicines via the internet record will be kept showing that prior to supply of the product our pharmacist has:
- Personally reviews each order for supply and personally supervised and authorised the supply
- Fulfilled the requirement of Regulation 10 of the Regulation of Retail Pharmacy Businesses Regulations 2008 (S.I. No. 488 of 2008).
- Regulation 10 of the Regulation of Retail Pharmacy Businesses Regulations 2008 requires that in the course of the supply, a registered pharmacist is satisfied that the purchaser is aware of what the appropriate use of the medicine is and that it is being sought for that purpose and, in so far as the registered pharmacist is aware, the product is not intended for abuse and/or misuse.
10. Goods returned
These provisions apply in the event you return any goods to us for any reason except as a result of your cancellation under the Regulations.
10.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
10.2. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
10.3. The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
10.4. So far as possible, Goods should be returned:
- 10.4.1 with both Goods and all packaging as far as possible in their original condition;
- 10.4.2 securely wrapped;
- 10.4.3 including our delivery slip
- 10.4.4 at your risk and cost.
10.5. The procedure for return of Goods is set out on Our Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.
10.6. If delivery was made to Irish address, you are also protected by the Sale of Goods and Supply of Services Act 1980.
10.7. If we agree that the Goods are faulty, we will:
- 10.7.1 refund the cost of return carriage;
- 10.7.2 repair or replace the Goods as we choose.
11. European Union (Waste Electrical and Electronic Equipment) Regulations 2014
11.1. These regulations provide that suppliers of equipment like high street shops and Internet retailers must allow Consumers to return their waste equipment free of charge.
11.2. Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.
11.3. If you wish to take advantage of this service, you must return your waste item within 15 days of buying your new one. You must pay the carriage cost to us.
12. Your account with us
12.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
12.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
12.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
13.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
13.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
13.3. download any part of Our Website, without our express written consent;
13.4. collect or use any product listings, descriptions, or prices;
13.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
13.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
13.7. share with a third party any login credentials to Our Website.
13.8. Despite the above terms, we now grant a licence to you to:
- 13.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- 13.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
14. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
14.1. your failure to comply with the law of any country;
14.2. your breach of this agreement;
14.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
14.4. a contractual claim arising from your use of the Goods;
14.5. a breach of the intellectual property rights of any person.
15. Intellectual Property
15.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
15.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
15.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
15.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
16. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.
The following terms apply in the event of a dispute between the parties:
16.1. If you are not happy with our services or have any complaint then you must tell us by email message to customerservice@cunninghamspharmacy.com
16.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
17. Promotions
We may run promotions at any time. We reserve the right to change or remove any promotion at any time without prior notice. Only one discount code may be used per transaction. Some exclusions may apply. Certain products with discounts already applied may not be eligible for extra discount/promotions. Some multi-pack deals may be excluded as discount is already applied. Some promotions are product specific and only valid on the product(s) specified in the promotion.