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Bedingungen und Konditionen
General Information About Us Our contract with you What We Offer Services & Products Registration Patient Responsibilities Warranties & Liabilities Communication Sale Payment Prices Dispatch and Delivery Abuse of our service Risk and Ownership Returns & Refund policy Damaged or Faulty goods Accessing Our Website Website Updates & Changes Referencing To Or From Our Website Intellectual Property Rights Taking part in a Live Chat Magic Browse Live chat Data Policy Abuse of Staff Variations Disclaimers
These are the terms and conditions on which we supply our goods and services to you (the “ Terms ”). Please read these T erms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms , please contact us to discuss.
This version was last updated on 10 April 2019 and historic versions are archived here .
Our contract with you
Our acceptance of your order will take place when we receive full payment of your order, at which point a contract will come into existence between you and us. We rely on you being honest and truthful when completing the medical assessment as part of the checkout process in order for us to safely supply the product. If you are not truthful then the contract maybe invalidated.
If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because of details you have added into the order form of the product regarding your personal details and medical history, because we have identified an error in your details, the price or description of the product or because we are unable to meet a delivery deadline you have opted for.
We will assign an order number to your order. This is available on the order invoice which is accessible through your account page. It will help us if you can tell us the order number whenever you contact us about your order.
Our website is solely for the promotion of our products in the UK and to select EU countries. Unfortunately, we do not accept orders from or deliver to addresses outside the EU. Full list of EU countries we can accept orders and deliver to can be found here.
Information About Us
We are Instant eCare which is the trading name of Instant e-Care Ltd, a company incorporated in England and Wales under the company number: 9193760 , with registered office 307 Forgeside House, Cardiff Bay Business Centre, Cardiff, CF24 5FA. Instant eCare is a registered premise with the General Pharmaceutical Council (GPhC). The pharmacy premise registration number is: 1124966
Please do contact us if you have any questions. Email us at email@example.com where our customer services team will be happy to help.
Our VAT number is: GB209483204
References in these Terms to “you” or “the customer” shall be to the user of the website www.instantecare.co.uk “(the Site ”). References to “we”, “our”, “us” or “Instant eCare”, are to Instant e-Care Ltd.
When you use our Site to receive any services or purchase any goods, whether you are a visitor, registered customer or unregistered customer, you are subject to these Terms Instant e-Care Ltd reserves the right, at its sole discretion, to make any minor changes or other modification, to these Terms and the Site, at any time, whether to comply with relevant laws or implemental technical changes or improvements. We will inform you via your email address of any changes to our Terms and Conditions. You will have access to any historical versions in our Archive area here . Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. By using our Site, the services provided on the Site or placing an order for treatments and products you agree and accept to be bound by these Terms which shall govern the contract between us, to the exclusion of any other terms. If you do not agree with these Terms, you cannot use our Site.
What We Offer
Through the Site, we can provide you with:
- A free online consultation; which is question based and will need to be approved by a UK registered doctor and pharmacist independent prescriber.
- A free prescription that lists the products as approved by the doctor and pharmacist independent prescriber upon completion of the medical assessment (however, we reserve the right to charge an appropriate prescription fee).
- Treatment dispensed from our UK registered pharmacy premise by a GPhC registered pharmacist.
- Delivery of the products to your address.
Services & Products
We provide medical consultations based on online questionnaires, that you must complete honestly and with full disclosure of all requested information. Based on the assessment, if you are suitable for treatment we will issue you with a prescription, this prescription will be issued by a registered GMC doctor and pharmacist independent prescriber. The prescription will abide by UK pharmacy and medical regulation and standards, products and treatment will be dispensed by our UK registered pharmacy and pharmacist(s) which are both regulated by the GPhC. Products provided by us are from reputable suppliers and we will, use our reasonable endeavors to ensure we only with work those suppliers that comply with best practice in the UK standards.
You acknowledge that information relating to the goods and services provided by Instant eCare are supplied in good faith.
We advise that you inform your regular health care practitioner, GP, or any other relevant medical practitioner about any consultations, products or treatments you receive from Instant eCare.
The pictures on our website of products boxed may vary in colour, or box presentation from the products you will receive. However, the medicinal product is the same. While the pictures represent the products we sell, it is sometimes necessary to open a pack in order to supply a specific quantity for use. When this occurs, a plain white box will be used or the box will be marked to note the amount of tablets included. This is standard procedure in pharmacy practice and widely practiced.
In order to use our services you will be required to register with us via the Site. You will need to create a personal secure online patient record. By registering to use of services you:
- Confirm that the information you have provided is accurate, honest, complete and not misleading.
- Agree to keep your Site login details such as username, password and online patient record, confidential and to take reasonable steps to protect and not to share these details with anyone.
- Confirm that you are aged 18 years or over.
We reserve the right, at our sole discretion, to suspend or terminate your access to the site at any time after registration.
It is your responsibility, to provide honest, accurate and not misleading answers to the various questions raised during our online consultation. You warrant and undertaking that you have disclosed all relevant information against each question we raise and any other information or medical history you are aware of may affect your health or treatment by us at the point of consult. This must be done in the same way you would answer a ‘face-to-face’ consultation with your local doctor.
You understand that full disclosure in the consultations is essential in maintaining your personal safety.
It is your responsibility to understand the questions in the medical assessment. If you are unsure of any terminology, it is your responsibility to find out the exact meaning. You can do so by contacting us at firstname.lastname@example.org.
It is important that you, have recently undergone an examination by a suitably qualified GP, doctor or other medical professional that has evaluated your current condition in person and assessed your past medical history and deemed this to be under control. You must also confirm that your general practitioner is a registered medical practitioner and is available for further consultation with us if the need arises. By agreeing to these Terms, you agree to immediately contact your doctor or emergency medical services, for any necessary check-up, care or intervention in the event you should experience any side effects or complications. If you have any questions regarding the product(s) supplied by us please contact us. In the event where you’ve contacted your GP, please inform us of any outcome from your GP consultation.
You have a responsibility to ensure that the treatment you have been prescribed is suitable for you. You must also follow advice given to you by us in regards to taking this treatment. You may contact us, the prescriber or the dispensing pharmacy by telephone, email or live chat to advise you of any questions regarding the use of the product . You can also request a callback, if the need arises.
Before placing any order for products via the Site, you confirm that you have first taken medical advice from a registered medical practitioner or pharmacist (other than us) and you take full responsibility to do so.
You understand that we may contact you for any reason if the need arises regarding information or advice to you for your treatment or our services.
By accepting these Terms you agree that before you use any product purchased from the Site, you will read the label on the product we have prescribed to you, along with the name, strength, quantity, and dose to ensure that the product is labeled with your name. Your name and the product you ordered (with correct dosage) should appear on the label if it does not, contact us immediately and do not take this treatment. You must follow the advice given to you by us and you must ensure you read and understand the patient information leaflet provided with the treatment before you take or use the product. You also confirm that you have been informed of, and understand, the benefits, possible side effects and risks of the prescription treatment(s) you request by an appropriately trained health care professional. You confirm that you have, on previous occasions, used the product(s) you are requesting under a doctor’s supervision. Furthermore, you confirm that the use was safe and free from side effects. You also confirm that your local examining doctor has advised you that the use of this product(s) is not contraindicated for you, the customer, and is appropriate for your personal medical needs.
By completing the online consultation on our Site, you are requesting that a UK prescriber may act only in adjunct capacity to your local doctor. You understand that the prescriber used in this consultation does not replace your local doctor. You agree that you fully understand the risks as well as the benefits associated with the use of any treatment(s). You confirm to us that that you have not been forced to undergo treatment and have done so out of your own free will as a user of our Site.
You acknowledge that we advise blood pressure monitoring every seven days (before and during the course of the treatment). You can check your blood pressure either using a home blood pressure kit or through your doctor. If your blood pressure is higher than 140/90 you will stop taking the treatment we have prescribed and seek medical advice.
Warranties & Liabilities
Warranties by the user
By completing an online consultation and placing an order for any good or services available via our Site you warrant and undertake:
- That you understand fully the consultation you have completed and are eligible for treatment upon approval.
- You are 18 years or older.
- The treatment is for your personal use only and is not to be given to anyone else intentionally, unintentionally or sold on.
- Understand that this is a legally binding contract.
- That you have been truthful, not misleading and have disclosed all relevant medical information to the best of your knowledge, information and belief. You further acknowledge that the treatment we prescribe is in reliance on the information you provide.
- That you will provide relevant information about any treatment we supply to relevant healthcare providers and your GP to ensure they can continue to safely prescribe repeat prescriptions or other treatments that may interact with the treatment you received from us.
- That save in respect of our breach of contract or death or personal injury caused by our negligence, you understand that we will not be liable to you for losses you suffer as a result of your dishonesty or breach of these terms and conditions.
Warranties by us and our liabilities
We are responsible to you for foreseeable loss and damage caused by us . If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
We are not liable for business losses . We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will use our reasonable endeavors to ensure any products prescribed and dispensed by Instant eCare will be issued by UK registered, medical practitioners, pharmacist independent prescribers and pharmacists.
Instant eCare is not a replacement for your GP or regular health care provider.
Save in respect of death or personal injury caused by our negligence, we are not liable for your failure to follow advice given by us, or any other healthcare provider.
When using our Site, communication with us will be mainly electronic. By agreeing to these Terms, you accept that we will contact you by email or phone/sms text, or provide you with information posted on our website. You also agree to this electronic means of communication as acceptable.
The customer shall place an order by completing the online consultation, registering, and entering correct payment details. We will confirm the order and the status of the order in writing and will supply the Goods as outlined in our services. Subject to the customer statutory rights (as defined under the Unfair Contract Terms Act 1977) we reserve the right to refuse to supply orders. We also reserve the right to ask for evidence of photographic identification or other proof of address, if we feel it is necessary at any stage.
We supply our products for the customer’s own use and not for resale, the use of any other person, or commercial purposes. By agreeing to these Terms, you agree you shall not either directly or indirectly export or resell goods, products, or treatments purchased via our Site.
Payments shall be made by the customer’s credit/debit card on the date on which we accept the order. Upon providing us with details of the customer’s credit/debit card the customer warrants and undertakes that:
- The information and details provided are correct, true and accurate.
- He or she is duly authorised to use the credit/debit card and authorises the company to deduct payment from the credit/debit card account as payment in full for the price of goods and services provided.
- The customer is acting as Consumer for the purposes of the Unfair Contract Terms Act 1977 and is not purchasing as a business or on behalf of a third party for resale.
The cost of treatment is displayed clearly on our Site before the consultation. While we try to ensure prices are set out clearly, any error in any quotes, sales literature or other document or information issued by the company and website may be corrected without any liability to us.
We reserve the right to increase the price of goods by giving notice to the customer before payment is made. This is only done to reflect any increase in cost to you which is due to any factor beyond our control. Delivery and postage costs are also displayed at the time of checkout. Instant eCare reserves the right to alter the cost of postage as necessary.
You are responsible for providing valid credit or debit card details. We reserve the right not to deliver any goods, or services if your payment details are incorrect, expired or invalid in any way.
Dispatch and Delivery
All orders are either sent via Royal Mail Delivery Services. Orders will be discreetly packaged with no mention of products enclosed or company details to ensure privacy. It is your responsibility to ensure that someone is available to receive the item, which is yourself or an individual you have appointed who is over 18.
In some cases, if you are not at home to sign for the delivery, a card will be left by Royal Mail with details on where you can collect the parcel from or arrange re-delivery. Any dates quoted for the delivery estimates are approximate, and we shall not be liable for any reasonable delay in the delivery of goods, caused by matters outside our control.
Once dispatched from Instant eCare pharmacy premise, you are bound to the terms and conditions they have set out in the delivery conditions of the courier. Instant eCare will not be liable for any loss or damage or deterioration of the goods in transit, or storage once dispatched.
We will investigate all issues related to product condition or delivery. We endeavor to follow up with our couriers to reach a reasonable solution. Where we find reasonable grounds to prove that fault lies with either ourselves or the courier, we will offer to resend the product or provide a refund. We cannot resend some products , in these cases a refund will be issued.
Instant eCare reserves the right to add or remove delivery options as we see fit.
We may withdraw the sale or distribution of any goods supplied by us without prior notice, or liability to the customer.
Abuse of our service
If we suspect the abuse of our services or products, we reserve the right to terminate service. Terminating service includes banning customers from the Site.
We have specific policies for ordering opioids and cyclizine hydrochloride. Please refer to our opioid ordering policy , opioid ordering limit and cyclizine hydrochloride ordering policy when placing an order for pain relief treatment or cyclizine hydrochloride travel sickness treatment. We reserve the right to cancel any orders that violate these policies and ban you from placing any further orders via the Site.
Risk and Ownership
Risk of damage or loss of goods shall pass to the customer on delivery or, if the customer fails to take delivery of the goods during the time when we or our agents have taken reasonable measures to deliver the goods.
Returns & Refunds Policy
You have the right to change your mind about an order after you have placed it. You must inform us of your intention to cancel in writing before a prescription is issued to you. You can do this by emailing us at email@example.com.
Our prescriber may refuse to prescribe medication to you as they may feel it is unsuitable for you to take. In this case, you will be automatically issued a full refund of the order value and postage costs.
A prescription may be issued within minutes of your order. Once a prescription has been issued, you may still cancel your order providing your order has not been dispatched, but you will incur a £10 cancellation charge.
It will usually take between 3 and 5 business days for a refund to reflect in your bank account or on your credit card statement after it has been issued.
Once your order has been dispatched, we are unable to offer a refund. This is for reasons of safety. The pharmacy is unable to reuse medication that has been returned, even if it is in perfect condition, due to special storage requirements and the nature of active ingredients.
The Consumer Contracts Regulations 2013 state that there is no right to cancel “for the supply of a medicinal product by administration by a prescriber, or under a prescription or directions given by a prescriber.”
Should you have unwanted medicines, you should take them to a local pharmacy for safe disposal.
Should you wish to discuss our refund policy in more detail, you may do so by emailing us at firstname.lastname@example.org.
Damaged or Faulty Goods
We recognise that there are occasions whereby goods may become damaged or destroyed during transit. This is, however, beyond our control and is the responsibility of our delivery carrier.
We will only offer a refund in the case of damaged goods after the goods have been returned to us, and we are wholly satisfied that the damage occurred in transit and is not as a result of negligence or wilful damage on the customer’s part.
Should you receive damaged goods, you must inform us of your intention to return them before you do so. Please write to us at email@example.com, detailing the nature of the damage, your order number and the cost to you to return the item. Photographic evidence of the damaged item is also required.
Please include all original packaging when you return an item. It is highly recommended that any return is sent back by a tracked, signed for delivery service. Once we receive the item, we will inspect it and respond to you as soon as possible. If the item is further damaged by the return process, an appropriate amount will be deducted from your refund.
Should we determine your order was genuinely damaged in transit, we will offer a full refund of the order value, including initial postage and packaging and the cost incurred for you to return the item to us. We recommend you keep a receipt for this purpose.
Accessing Our Website
Access to our Site is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be held liable if our website is unavailable for any time or period for any reason. Occasionally access to part or all of our website may be restricted to users who have or have not registered with us. User identification or log in details that are used as part of our security measures must be kept confidential and must not be disclosed to any third party.
Instant eCare makes no claims or representations that any or all of the content on this Site, or the service we provide may be lawfully viewed, downloaded or used outside the United Kingdom. Unless otherwise expressly stated, the content of this website and the services we provide is directed solely at users who access this website from within the United Kingdom. If you choose to access the website from outside of the United Kingdom you do so at your own risk and are responsible for compliance with the laws of our jurisdiction.
We reserve the right to restrict access and disable any user identification or log-in details whether chosen by yourself or allocated by us at any time, if in our opinion you have failed to comply with any of these terms and conditions which results in a breach of these Terms. You are responsible for ensuring all persons who access our Site through your internet connection are complying with these Terms.
Website Updates & Changes
Our Site may change regularly due to updates and review of materials. Content may change at any time. Access to the Site may be suspended if required, or it may be closed indefinitely. Any information or material on our Site may be out of date at any given time. While we endeavour to update the information regularly we are under no obligation to update information immediately and will do so within reasonable time. Although we endeavour to keep our Site up to date and accurate, the material displayed on our Site is provided for general use without guarantees, conditions or warranties to its accuracy.
Referencing To Or From Our Website
Where links have been displayed to other websites and resources provided by third parties, these links are provided for your information only. We have no control over those websites or resources and accept no responsibility for them or any loss or damage that may arise from your use of them.
Any links or references for endorsement, association or approval must not be made without prior approval from us. You may not frame or link our Site, nor may you create a link to our Site, without our written consent . We reserve the right to withdraw linking permission without any notice.
If you wish to make use of any material on our website please contact us to seek prior permission at firstname.lastname@example.org.
Intellectual Property Rights
All materials and intellectual property published on our Site including but not limited to text and graphics is owned by Instant eCare. We strictly forbid any unauthorised duplication or use of any of the intellectual property rights on our Site. Information or material from our site may only be used for personal reference only, and is not to be modified digitally or on paper. No material can be used for commercial purposes. Attention may be drawn to the website, but this must be fair and not damaging to the reputation of the company.
Text, pictures, photographs, graphics, illustrations, video or audio sequences must not be used or published publicly or for commercial use without our prior permission. Additionally, they must not be used out of context or in a way that may be damaging to Instant eCare. Written consent must be obtained from us if you wish to use the website or any of its contents for anything other than personal use. Any material that is not for personal use must be referenced properly to Instant eCare and must identify and acknowledge the original authors of the material published.
Taking part in a Live Chat
Our one-to-one web chats are primarily text-based, but may include pictures, video or sound where appropriate. Questions and answers appear on the screen between you and our operator(s). The web chat has been designed to address general queries relating to our services. We will endeavour to answer as many questions as possible in the allotted time, usually between 9am and 5pm (Monday to Friday) for one-to-one chats.
Instant eCare reserves the right to block, refer as appropriate and/or not respond to any messages which are considered to be inappropriate, vulgar, obscene, hateful, fraudulent, unlawful, threatening, discriminatory or defamatory, or for any other reason at the sole discretion of Instant eCare.
Information given to users may contain links to third party websites. Instant eCare has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites. By using the chat tool you expressly acknowledge and agree Instant eCare shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.
Our Live Chat has the ability to allow one of our operators to ‘Magic Browse’. This allows our operator to see what you are seeing and what you are doing on our website. The purpose of ‘Magic Browse’ is to assist you in using our services. Our operator may also guide you through certain steps and click on actions for you. We may occasionally anonymously monitor your user experience on our website in order to improve our services. Please note the operator does not have any control over any other web pages you visit or your computer.
A record of each one-to-one live chat will be held within the system and may be used when looking into your enquiry and for quality and monitoring purposes. The live chat tool automatically gathers the following information, which is used generally to see where users are coming from to aid marketing activities in the future:
- Information about the visitor’s browser (e.g. Internet Explorer version 10)
- Referrer (how the user ‘got’ to our website, e.g. Google)
- Origin (where the chat originated from on our website)
- IP address
- Country of origin
We are legally required to process your personal data to provide the prescription for your treatment. We are then required by law to hold prescriptions for two years and patient records for ten years after the patient’s death.
Abuse of Staff
Every attempt will be made to de-escalate a situation that could potentially become abusive. Where de-escalation fails, the individual should be warned of the consequences of future unacceptable behaviour. If a customer persistently acts in an unacceptable way, he or she will be banned from future use of the Instant eCare service.
Whilst Instant e-Care uses reasonable efforts to provide accurate and up to date information on our website, it makes no warranties or representations as to the accuracy or reliability of such information or material linked to or from our website. Instant e-Care cannot monitor the content not produced by Instant e-care and any views expressed by third parties. The information provided on the website is for general information purposes only and may not be specific to you, if in doubt please contact us or a medical health care professional.
Instant e-Care is not a replacement your GP or regular health care provider. Instant e-Care accepts no liability or responsibility for the content of this site except in relation to death or personal injury caused by its negligence. To the fullest extent permitted by applicable laws, we hereby exclude liability for any claim, losses, demands or damages of any kind whatsoever with respect to our services, information and materials given by us including without limitation, direct, indirect, incidental or consequential loss or damages. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. For any other loss or damage of any kind, whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Other Important Terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms
If a court finds part of this contract illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings . These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you have any concerns about material which appears on the website or concerns about our terms of services please contact email@example.com.