Introduction

These website terms of sale (“Supply Terms”) set out the basis on which we supply our products to you via the website www.men2behealth.co.uk (our “Site”).

When you buy something from our Site, you demonstrate that you accept these Supply Terms and that you agree to abide by them.

Please take some time and read these Supply Terms carefully before you place your order. You will find out who we are, how we provide products to you, how we can change or end our contract with you, what to do if there is a problem and lots of other important information.

If for any reason you do not agree to these Supply Terms, you must not purchase products from our Site.

Our Site is owned and operated by Men2BeHealth Ltd (see terms and conditions for registration information).

You can contact us using the following email address [email protected]

35-37 Greenhey Place, Eastgillibrands, Skelmersdale, WN8 9SA. Registered GPhC  premises1103628.

 

Unless we notify you otherwise at the time of purchase, any prescription only medicines we prescribe are sold and supplied to you by the pharmacy (the “Pharmacy“). This is operated by Chemist4U GPhC 9011784.

Please note that the contract for the sale of any prescription only medicines will be between you and the Pharmacy.

The clinicians at Men2BeHealth Ltd are registered in the United Kingdom with the General Pharmaceutical Council and each hold accredited pharmacist independent prescriber qualifications. The clinicians are trained in providing remote consultations and issuing prescription medicine online. The clinicians are individually responsible for the prescriptions they issue.

If we need to contact you for any reason we will do so by phone, email or post to the number or address that you provided in your order. When we say “writing” or “written” in these Supply Terms, this includes emails.

Registration and personal data

When you submit an order you will need to provide us with information about yourself. We use the information: for prescription only medicines, to review your medical information (eg. your personal medical details), and the information submitted in the online medical questionnaire to allow our clinicians to confirm whether the ordered treatment is deemed clinically appropriate; to supply the products to you (e.g your delivery address); to process your payment for the products (e.g. your billing address and credit card details, for which we store only the last four digits of your payment card); and if you agreed to this when ordering, to give you information about similar products that you might like – you can stop receiving this information at any time by contacting us.

Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By purchasing products from our Site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Our online consultations

After you have placed your order we will email you to confirm that we have received your order.

PRESCRIPTION ONLY MEDICINES

Please note that most prescription only medicines are sold to you on a subscription basis (see the paragraph headed Subscription Prescription only medicines below for further information).

For prescription only medicines, if the ordered treatment is deemed clinically appropriate, the clinicians will review and decide whether or not to approve your request for the ordered treatment. If we confirm that we have issued your prescription to the Pharmacy and accepted your order a contract will come into existence between you and the Pharmacy. At this point we will also give you an order number. We will not take payment for prescription only medicines until we have accepted your order.

We send prescriptions electronically and securely to the Pharmacy, where they dispense and dispatch the Product on the same day or the next working day.

If the clinician requires further information, you will receive an email. The order will not be processed until you have replied to the clinician’s message. This must be within 10 days of placing your order. If you fail to reply within this timeframe your order with be declined and you will not be charged.

 

ALL PRODUCTS

if we are unable to accept your order, we will let you know and you will be refunded in full to the same payment card. We cannot accept your order if the clinicians decide that the medicine ordered is not clinically appropriate. Sometimes we also cannot accept orders because the product is out of stock, because of unexpected limits on our resources, because we have noticed an error in the price or description of the product or because we are unable to meet a delivery deadline that you have specified.

Refunds take up to 10 working days to appear in your bank account.

Products are delivered within the UK only.You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

Your transaction may be subject to SCA (Secure Customer Authentication) when you purchase from us, this is at our discretion until UK regulation is confirmed and enforced. Any transactions related to recurring orders, or new orders with the same details, will not use SCA if the original payment was taken without it.

SERVICES PROVIDED BY THIRD PARTIES

Men2BeHealth Ltd has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to any surgeries, interactions or dealings with third party Healthcare Service Providers. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE OF HEALTHCARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. Patients are solely responsible for evaluating the suitability of Healthcare Service Providers for the services they offer to provide. Though Men2BeHealth performs a limited review of Healthcare Service Provider profiles, any such screening is limited and Men2BeHealth does not warrant that any such screen is accurate, complete, conclusive or up-to-date.

SUBSCRIPTION process

Prescription only medicines are sold to you as a subscription as follows:

On placing an order for a subscription prescription only medicine you agree to purchase at least a 6 or 12 month supply of the medicine, subject to the clinical appropriateness assessment by the clinician. You provide us with a continuous payment authority to charge your payment card for the specified amount on approval of your order and at monthly intervals following such approval date.

Your subscription will expire automatically 6 or 12 months after approval of your initial order.

You can cancel your subscription at any time on notice to us.

We reserve the right to cancel your subscription and not to supply you with any further medication or products if you notify us of any significant side effects or adverse change in your medical condition and we shall cancel your subscription if you inform us that you do not wish to receive further medication.

Once we have confirmed we have received your cancellation notice you will not be charged for any further supply and no further medication will be dispatched to you.

If your subscription is terminated, payments received relating to dispatched medicines will not be refunded. 

OUR PRODUCTS

The images on our Site are for illustrative purposes only. Your product may vary slightly from the Site images.

All products shown on our Site are subject to availability.

The information provided about the products is intended to be used for educational or general informational purposes only. It is not aimed at providing specific advice to any individual and should not be relied upon by you in making (or refraining from making) any decisions regarding your health or wellbeing. Please consult with a doctor or other health care practitioner before taking or refraining from any course of action or treatment.

On receiving your order, and before using any product, you should carefully read any information which accompanies the product (including but not limited to the Patient Dispensing Label, the patient information leaflet and/or manufacturer’s guidelines) and you acknowledge and agree that you will only use the product in accordance with such information. Any failure to follow such information is at your own risk.

You should stop taking the medication and seek immediate advice from a doctor or other health care practitioner if you experience any significant side effects before re-starting the medication.

Changes to your order

If you want to make any changes to your order please get in touch. If the change you have asked for is possible we will let you know about any changes we need to make to the price of the order, the timing of delivery or anything else which is different as a result of the change. We will also check whether you want to go ahead with the order on this basis. If we cannot make the change or you are not happy with the consequences of making the change, you may want to end the contract.

HOW WE WILL PROVIDE THE PRODUCTS

During the order process we will let you know when we will provide the products to you or we will contact you with an estimated delivery date.

You agree that a signature will not be required on receipt of delivery and that you are happy for medicines to be posted through the letter box at the delivery address. You confirm that there are no animals or young children at the delivery address. If no one is available at your address to take delivery and it is not possible to post the parcel through the letter box the courier may, according to their policies, either leave you a note informing you how to rearrange delivery or leave your parcel with a neighbour.

If our supply of the products to you is delayed by any event that is outside our control then we will let you know as soon as we can but we are not responsible for delays that are outside our control.

Lateness of  Delivery

If we miss the delivery deadline then you can treat the contract for sale of the product as at an end if either (a) we have refused to deliver the products; or (b) you told us, before we accepted your order, that delivery before the delivery deadline was essential.

If you do not wish to treat the contract as terminated, or do not have the right to do so under the previous paragraph, you can set a new, reasonable deadline for delivery.

If you do decide to treat the contract as at an end under the first paragraph you can cancel your order for any of the products or reject products that have been delivered. You also have the option of rejecting or cancelling the order for some of the products. When you have let us know we will then refund any sums you have paid to us for the cancelled products (including any delivery charges). If the products have already been delivered to you, you must post them back to us within 30 days or allow us to collect them from you. We will pay the costs of postage. Please email us at [email protected]  or a return label.

FAILED DELIVERY

If no one is available at your address to take delivery and it is not possible to post the parcel through the letter box the courier may, according to their policies, either leave you a note informing you how to rearrange delivery or leave your parcel with a neighbour. Where the parcel is taken to the delivery depot, if you do not then either collect the products from a delivery depot or contact us to re-arrange delivery we will contact you for further instructions and details (including details of any additional delivery costs). If we are unable to contact you or re-arrange delivery or collection we may end the contract and suspend the contract (Our rights to end the contract) will apply.

OWNERSHIP

The product(s) will be your responsibility either from the time of delivery to the address you gave us or the time of collection from us. You own the product(s) once we have received payment in full following acceptance of the order.

SUSPENDING THE CONTRACT

We may have to suspend the supply of a product to:
– manage a technical problem or to make minor technical changes; or
– make any required updates to the product to reflect changes in relevant laws and regulatory requirements.

We will contact you to tell you we will be suspending supply of the product. You may contact us to cancel your order if we suspend it, or tell you we are going to suspend it, for a period of more than 30 days. We will refund any sums you have paid in advance for the product. If you do not pay us for the products when you are supposed to (price and payment) and you still have not paid us within 10 days of us reminding you to do so, we may suspend supply of the products until you have paid us any outstanding amounts. We will let you know if we do suspend the supply of the products.

YOUR RIGHTS TO END THE CONTRACT

Your rights if you decide to end the contract with us will depend on what product you have bought, if there is anything wrong with it, how we are performing our obligations and at what point you decide to end the contract:
– if you want to end the contract because of something we have done
–  if you have just changed your mind about the product, see below.. For safety reasons, we do not accept returns of prescription medicines;
–  if what you have bought is faulty or does not match the description provided online you may have a legal right to end the contract, to get the product repaired or replaced, or to get some or all of your money back, see problem with product.
– cancelling the order

Is it something we have done? If you end the contract because of one of the reasons described below, it will end immediately and you will be refunded in full for any products which have not been provided. It is possible that you may also be entitled to compensation.

Have you changed your mind? If you are unhappy with the products please do let us know [email protected]

Prescription Medicines: For safety reasons, we cannot accept the return of medicines as the pharmacy is not able to reuse them. If you have unwanted medicine, please take it to a local pharmacy for safe disposal.

Cancelling your order. You can cancel your order for medicines up until the point where the clinician issues your prescription (ie. before you receive an email confirming that your order has been accepted). If you want cancel your order in these circumstances, just contact us to let us know.

 

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

If  you want to end the contract, please let us know by emailing us at [email protected]

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us or arrange for a collection. Please email us at [email protected]  for a return label and to be provided with the returns address. You must post them back to us at the address provided by us.

If you are exercising your right to change your mind you must return the products within 14 days of telling us you wish to end the contract.

COSTS

We will pay the costs of return:
–  if the products are faulty or do not match the description provided online; or
– if you are ending the contract because of one of the reasons listed in the section  “Is it something we have done?”

In all other circumstances (including where you are exercising your right to change your mind) you will be required to pay the costs of return or collection. These charges will be the same as our standard delivery charges.

REFUNDS

If you are entitled to a refund, the price paid for the products including delivery costs, will be refunded to you by the same method that you used to pay. We may make some deductions from the price, as described below.

If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products where this was caused by your handling them in a way which would not be permitted in a shop. For example if you open or damage the product your refund will be reduced. Returned items must be unused and in their original packaging. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

OUR RIGHTS TO END THE CONTRACT

We may also end the contract in some situations including if (a) you fail to pay us when payment is due and you still do not make payment within 10 days of us reminding you that payment is due; or (b) you do not allow us to deliver the products to you or collect them from us within a reasonable time.

If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result.

IF THERE IS A PROBLEM WITH THE PRODUCT

Please contact us if you have any questions or complaints about the product. You can email our customer service team at [email protected]

We have a legal duty to supply products that are in conformity with this contract. Legally the products you receive must be as described, they must be fit for purpose and they must be of satisfactory quality.

If you wish to exercise any of these legal rights to reject products, you must either post them back to us or allow us to collect them. We will pay the costs of postage or collection. Please email us at [email protected]  for a return label.

PRICE AND PAYMENT

The price of your product (which includes VAT) will be set out on the order pages when you place your order. We take care to make sure that the price of the product advised to you is correct. However, it is always possible that something may be incorrectly priced. We will contact you if the price you have been given is wrong and ask you whether or not you want to continue with your order.

We accept payment by any major credit or debit card. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. If you think a charge is wrong please contact us promptly to let us know.

OUR RESPONSIBILITY To YOU

We cannot accept liability for any damages which result from:

• Your failure to provide (and continuously maintain) complete, truthful, and accurate information in your patient record, as well as in any online consultation you take with us and in any other information you give us.
• Your failure to follow advice given on Men2BeHealth, or to pass on relevant information to your regular healthcare provider.

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, and for fraud or fraudulent misrepresentation.

You agree that our service does not replace your general healthcare provider.

General

If  any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.

These Terms of Sale, the subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.