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Terms and conditions of sale

Please read our terms and conditions of sale with care before placing an order.

This site is run and owned by Primachem Ltd, trading as animal-medication-direct.co.uk. Primachem is an UK registered company, number 04611327, and the company registered address is:

PRIMACHEM LIMITED
7 St Johns Street
MANSFIELD
NG18 1QH

VAT Number 126331694

However the above address should NOT be used for customer correspondence, please see the contact us section of this website.

These terms and conditions apply to the entire content of the suppliers website and any correspondence.

Use of the website indicates that you accept these terms and conditions and will abide by them. If you do not accept these terms you will be unable to place an order and should leave the website immediately. An accepted order constitutes a legally binding contract.

The contract will be governed by these terms and conditions to the exclusion of all other terms and conditions unless explicitly agreed in writing and signed by a director of the supplier.

1. INTERPRETATION

1a. In these terms and conditions the following words shall have the following meanings:

Contract: any contract between you and the supplier for the purchase and sale of goods.

Goods: any goods (or part thereof) agreed in the contract to be supplied to you, by the supplier.

Us, we, supplier: animal-medication-direct.co.uk

1b. In these terms and conditions of sale any reference to the masculine includes the feminine and the neutered. References to the singular includes the plural and vice versa as the context requires.

1c. In these terms and conditions headings will not affect the construction of these conditions.
2. APPLICATION

2a. The contract will be governed by these terms and conditions to the exclusion of all other terms and conditions unless explicitly agreed in writing and signed by a director of the supplier.

3. OFFER

3a. The invitation to you to order goods from the supplier is not an offer by the supplier to sell the goods to you. Your order for goods is an offer to the supplier to purchase goods from the supplier and is governed by these terms and conditions.

3b. Acceptance of your order to purchase the goods will, wherever possible, be confirmed by email. The email will be considered received when you are able to access it. Receipt of the email constitutes a contract between the supplier and you.

3c. If the goods ordered are unavailable we will notify you and whenever possible provide you with a revised date for delivery of the goods. If you do not wish to wait for the revised delivery you may cancel your order for that item and will receive a full refund or credit for any sum that has been paid by you for the delayed goods within 30 days of our notification being sent.

3d. Prior to the purchase of any goods it is important that you are entirely satisfied that the goods are entirely appropriate and that you are confident in your ability to correctly handle, administer, store, use and dispose of the goods. Declarations by you to this effect will be required before any order is accepted.

3e. In order that you are satisfied with the details in clause 3d, we require that you read the relevant information regarding the goods either from our website or the data sheet from the National Office of Animal Health website www.noah.co.uk.

3f. Having read the additional information detailed in clause 3e, if you remain in any way uncertain regarding the matters detailed in clause 3d you must not proceed with the order. In these circumstances you should be directed to either contact us for further clarification or you may wish to seek the advice of a veterinary surgeon. Please refer to the contact us section.

3g. Any false or inaccurate information you supply to us could result in goods being supplied to you that are inappropriate. You are therefore required to ensure that any information supplied to us by you is detailed and accurate in all particulars. We shall have no liability or responsibility for any loss or damage of any kind incurred as a result of such inaccurate or incomplete information.

3h. We reserve the right to decline your offer to purchase.

3i. We are unable to accept orders from customers wishing to re-sell the goods.

4. PAYMENT

4a. Payment for the goods is due immediately upon placing of the order.

4b. No payment shall be considered to have been received and no delivery will take place until the supplier receives cleared funds.

4c. Time for payment shall be of the essence.

4d. You shall make all payments due under the contract without any deduction.

4e. Your failure to make prompt payment of the contracted price may result in cancellation of any contract by the supplier without penalty to the supplier.

5. DESCRIPTION and PRICE

5a. The description and price of the goods shall be as shown on the supplier's website at the time you place your order. Whilst effort is made by the supplier to ensure the accuracy of the description and price of the goods, the material shown on the supplier’s website is provided without any guarantees, conditions or warranties as to its accuracy. If an error is found in the accuracy of the description or the price of goods supplied to you the supplier will inform you of this. The supplier reserves the right to cancel orders resulting from errors in respect of the description or price of goods ordered. Images are shown for illustration purposes only and packaging may vary.

5b. Prices displayed will include of VAT unless otherwise denoted. Delivery costs will be shown at the check out stage.

6. SERVICE

6a. Time for delivery shall not be of the essence.

6b. Where an order is placed for a prescription only medicine you are required to convey the original prescription form to the supplier. On receipt of the signed and legally valid prescription form the supplier will use reasonable endeavours to deliver the goods to you within seven working days. Legally no prescription only medicines can be dispatched until the supplier is in possession of a valid original prescription. Faxing or other methods of electronic transmission of a prescription form are not acceptable under current UK legislation.

6c. Where an order is placed for a non-prescription product the supplier will use reasonable endeavours to deliver the goods to you within seven working days of receipt of your order.

6d. If for any reason you will not accept delivery of any of the goods or the supplier is unable to deliver the goods on time because you have not provided appropriate instructions; the supplier may store the goods until delivery whereupon you will be liable for all reasonable related costs and expenses.

6e. Access to the suppliers website may be entirely suspended without notice and we may restrict access to certain parts of the website.

6f. We shall not be in any way liable, if for any reason the suppliers website is unavailable.

7. RISK and TITLE

7a. The goods are at the risk of you from the time of delivery to you.

7b.Ownership of the goods shall not pass to you until the supplier has received in full all sums due to it for the goods.

8. CANCELLATION and RETURNS

8a. Except as detailed below, you have the right to cancel the contract at any time before the expiry of a period of seven business days beginning with the day after the day on which you receive the goods. You may cancel by giving the supplier notice in writing to the supplier's business address or by sending a fax or email. The notice shall operate to cancel the contract between you and the supplier.

8b. You may not cancel the contract where the goods supplied to you have been made to your specification, are clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

8c. Due to legal requirements medicines may not be returned except to correct an error in despatch or in response to an official recall.

8d. If you do not accept delivery of any of the goods because you have cancelled the contract pursuant to clause 8a you will receive a refund or re-credit for any sum that has been paid by you for the goods within 30 days of cancellation less any costs.

8e. Once the supplier has received notice of your cancellation, the supplier will refund or credit you for any sum that has been paid by you for the goods within 30 days of cancellation.

8f. If you cancel the contract after delivery of the goods to you, you are under a duty to return the goods to the supplier at the supplier's business address at your own expense. Until you have returned the goods to the supplier you are under a duty to retain possession of the goods and take reasonable care of them. If you fail to return the goods the supplier may charge you the direct costs of recovering the goods. The direct cost may be deducted from any sum that has been paid by you for the goods if you do not return the goods within a reasonable time of cancellation.

8g. The supplier requires that all goods returned are securely packed and suitably boxed and recommends that the original packaging be used. You are responsible for ensuring that goods are properly addressed and postage is paid. We strongly recommend the use of recorded postage. The supplier reserves the right to refuse the return of the goods where they have been used or are not of saleable quality or where you have failed to follow the instructions as to storage, use or maintenance of the goods. You will be responsible for any damage caused to the goods in transit.

8h. The supplier reserves the right to defer the date of delivery or to cancel the contract or to reduce the volume of goods ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the supplier. If such circumstances continue for a continuous period in excess of 6 weeks, you shall be entitled to cancel the contract.

9. LIMITATION of LIABILITY

9a. You and the supplier shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

9b. The supplier's total liability in contract (including negligence or breach of statutory duty), arising in connection with the performance or contemplated performance of this contract shall not exceed 100% of the price paid by you for the goods.

9c. We specifically exclude all liability for any kind of loss or damage, direct or indirect, that may result following the supply of goods in accordance with a prescription from a third party. We accept no responsibility for carrying out any investigation regarding the suitability of such goods.

9d. The supplier shall not be liable to you for any loss of profit, loss of business, depletion of goodwill, loss of revenue, anticipated savings, any damage relating to the procurement of any substitute goods or any indirect or consequential loss howsoever caused which arise out of or in connection with the contract.

9e. All warranties, conditions and other terms implied by statute or common law (excepting for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.

9f. The material displayed on the suppliers website is provided as is, without any warranties, conditions or other terms of any kind. We expressly exclude any liability for any direct, indirect or consequential damage or loss incurred from the use or inability to use our website or websites linked to it. Reliance upon information displayed on any of the third party websites linked to our website is entirely at your own risk.

9g. Nothing in these conditions excludes or limits the liability of the supplier for death or personal injury caused by the supplier's negligence or fraudulent misrepresentation.

10. ASSIGNMENT

The supplier may assign the contract or any part of it. You shall not be entitled to assign the contract or any part of it without the prior written consent of the supplier.

11. PRIVACY POLICY

11a. The supplier will obtain personal data from you when you enquire about goods or when you place an order for goods. The supplier needs your email address to be able to contact you in connection with your orders. We will comply with the obligations imposed by the Data Protection Act 1998 in storing and processing your personal data.

11b. We will treat all data in a responsible manner. We may use your personal and other information to provide you with the goods, for administration, regulatory compliance, fraud prevention and customer services purposes. The supplier may also disclose personal data in order to comply with a legal, ethical or regulatory obligation.

11c. Only with your consent will we use your personal information for marketing purposes and to ensure that the services provided by us are tailored to your needs and interests.

11d. Any data, other than personally identifiable information, provided to this website shall be considered non-confidential and non-proprietary.

11e. The supplier will not share your information with third parties for marketing purposes.

12. COMPLAINTS

If you have any queries, comments or complaints in regard to any aspect of the contract or the contents of this website then please contact the supplier via email.

13. GENERAL

13a. Each right or remedy of the supplier under the contract is without prejudice to any other right or remedy of the supplier whether under the contract or not.

13b. If any of these terms and conditions is deemed to be invalid or unenforceable the remaining terms and conditions shall not be affected and shall remain in full force and effect. The parties to this contract do not intend that any term of this contract will be enforceable by any person that is not a party to it.

13c. Any waiver by the supplier of any breach of, or any default under, any provision of the contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.

13d. These terms and conditions are governed by and construed in accordance with the law of England and Wales. Any dispute arising in regard to these terms and conditions and the content of the web site shall be submitted to the non-exclusive jurisdiction of the courts of England and Wales.

13e. You are prohibited from transmitting to or from this website any material that is threatening, defamatory, pornographic, technically harmful, malicious software, discriminatory or any material that which may cause annoyance or inconvenience.

13f. These terms and conditions may be revised without notice.

 

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