1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products and services to you via our digital service.
1.2 Why you should read them. Please read these terms carefully before you use our digital service and submit your order to us. These terms tell you who we are, how we will provide products and services 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. By using our digital service and placing an order, you agree to these terms and conditions.
2. Information about us and how to contact us
2.1 Who we are. We are Missionstart Limited, a company registered in England and Wales, trading as Living Care Pharmacy. Our company registration number is 07992671and our registered office is at 96 Marsh Lane, Leeds, LS9 8SR. Our registered VAT number is 134904029. The Superintendent Pharmacist for this pharmacy is Jason Lestner, GPhC registration number 2075936.
2.2 What we do. We are a pharmacy providing you with the facility to request from your NHS GP surgery via our digital service and the NHS Electronic Prescription Service (EPS) certain prescriptions to be dispensed by us. You can read more about EPS by visiting the NHS website. All orders accepted by us will be processed and dispensed by our pharmacy store which is based at 3 Leodis Court, Leeds, LS11 5JJ (General Pharmaceutical Council registration number 9010063).
2.3 How to contact us. You can contact us by emailing us at firstname.lastname@example.org. You can also write to us at 3 Leodis Court, Leeds, LS11 5JJ or telephone us on 0113 245 4544.
2.4 How we may contact you. If we have to contact you we will usually do so by telephone or by post using the contact details you provided to us when you registered. We may also get in contact with you by emailing you at the email address you provided to us when you registered.
3. How to register for and use our services
3.1 Registration. To be able to place orders through our digital service, you must first register your details and create an account with us. You can register for and use our services provided that you are at least sixteen (16) years old and a resident of England. You must also be currently registered with an NHS GP practice integrated with the Electronic Prescription Service. If you pay for your prescriptions, you must also hold and provide us with the details of a valid UK credit or debit card in your name.
3.2. You must provide all details that we request during the registration process to use our services. From the point at which you nominate us as your pharmacy, all prescriptions issued by your GP surgery will be sent to this pharmacy for dispensing. You can change your nominated pharmacy at any time by contacting your GP surgery. Your nominated pharmacy will also change automatically if, at any time, you ask another pharmacy to request a prescription on your behalf.
3.3 How we will accept your order. Our acceptance of your order will take place when we notify you that we have accepted it, at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to accept your order, we will notify you of this and will not charge you for the product. This might be because:
3.5 How to request repeat prescriptions. Where you have given us the authorisation that we need in compliance with these terms and conditions, we will pass on your request for a repeat prescription to your NHS GP surgery. We will forward all requests for repeat prescriptions to your NHS GP surgery as soon as possible; however, due to the technology involved in transmitting your request, we cannot guarantee that your request will be received or accepted by your NHS GP surgery or that they will respond to your request within a particular timeframe. If your NHS GP surgery will not accept repeat prescription requests from third parties, you will be responsible for submitting your request for a repeat prescription to your GP surgery directly and requesting that it is sent to us via EPS to dispense and dispatch to you in sufficient time to allow your prescription to be processed.
3.6. Where you are using our services to request prescriptions, our pharmacy team will confirm your details by checking the information that we hold about you against, information accessible to us on the NHS systems and your NHS Summary Care Record, where appropriate, and forward your request to your NHS GP surgery. The request will include your personal details provided to us when you register for your account with us. Your request may not be processed immediately and you may be contacted by your GP surgery before we are able to process your prescription
3.7. We have no control over any delays to the processing of your prescription which are caused by your GP surgery’s delay in issuing it. If your prescription appears to be delayed, we would recommend that you contact your GP surgery directly to make sure that it has been issued to us before contacting us to see where your order is.
3.8. Our dispensing services are not suitable for urgently required prescriptions, as the process of delivering your order to you will always take at least 24 hours.
3.9. Once your prescription has been received by us, we will dispense it in accordance with the same strict rules and guidance covering all community pharmacy dispensing, whether bricks and mortar or distance selling pharmacies and dispatch it using Royal Mail or our specialist courier. If you require your prescription urgently and cannot wait for delivery, we can transfer it to an alternative pharmacy close to your home. Please note that, once your prescription has been dispensed by us, it will be too late to do this.
3.10. By signing up to and using our services:
3.11. You agree that our pharmacist or pharmacist technician responsible for your order can access your NHS Summary Care Record (SCR) if clinical and/or safety information is needed. This permission is valid from 12 months from the date of your last order or until you withdraw consent. All access is automatically logged and recorded by the NHS for audit purposes. You can read more about the SCR by visiting the NHS website. You can opt-out of having an SCR altogether and you should contact your NHS GP surgery who will record this, if this is your preference.
3.12. We only sell to customers based in England. Our digital service is solely for the promotion of our products and dispensing services in England. Unfortunately, we do not accept orders from or deliver to addresses outside England.
3.13. Your responsibilities.
4. Your rights to make changes
If you wish to make a change to your order please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may be able to end the contract (see clause 7).
5. Our rights to make changes
5.1. Changes to your order. We may make changes to or substitute the product that you order:
These changes will not usually affect your use of the product.
5.2. Changes to these terms. We may make the following changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
Providing the products
6.1. Delivery costs. The costs of delivery (if applicable) will be as displayed to you at the checkout stage before you place your order.
6.2. Delivery of the products. We will deliver the products to you as soon as reasonably possible. All products are sent by us using Royal Mail or our specialist courier and should be delivered to you within 3-4 working days of us dispatching your order. Living Care Pharmacy will decide which courier service to use.
6.3. We cannot guarantee the exact time and day of delivery and recommend that you allow for up to three working days for your order to arrive once it has been processed. There may be additional delays in processing your order if we are waiting for your GP surgery to issue your prescription or require further information from you or your GP surgery.
6.4. Royal Mail terms and conditions of delivery, which will apply to your order, can be accessed on the Royal Mail website.
6.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, or left in your safe place (if selected/applicable), Royal Mail may leave your order with a neighbour and, if that’s not possible, should leave you a note informing you of how to rearrange delivery or collect your order from a local depot. Further information about the ‘delivery to a neighbour’ service offered by Royal Mail and information about how you can opt-out is available on the Royal Mail website. Other courier services will also leave a note informing you how to rearrange delivery.
6.6. If you do not re-arrange delivery. If you do not collect the products from Royal Mail/ specialist courier, or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
6.7. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.8. When you become responsible for the products. The products will be your responsibility from the time that they are delivered to you.
6.9. When you own goods. You own a product once we have received payment in full.
6.10. What will happen if you do not give required information to us? We need certain information from you so that we can supply the products and services to you, for example, proof of your entitlement to free NHS prescriptions. If you do not give us this information or if you give us incomplete or incorrect information, we may not be able to process your order and may end the contract. We will not be responsible for any failure to supply products if this is caused by you not giving us the information we need to process your order.
6.11. Reasons we may suspend the supply of products and services to you. We may have to suspend the supply of a product or service to:
6.12. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. We may need to suspend the supply of products if, for example, the card details that you provided when you registered are no longer valid or your payment isn’t authorised. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 working days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. Your rights to end the contract and cancel your order
7.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.2. You can always end your contract with us. You can cancel your order at any time before we dispatch it to you by contacting us via email and you will receive a full refund using the method of payment that you used to pay for the products is necessary. Unfortunately, due to the nature of the products, once your order has been dispensed, you will be unable to cancel it, return the products or receive a refund (unless what you have bought is faulty or misdescribed). Any unwanted medicine must be disposed of by returning it to a pharmacy. You can find your nearest pharmacy by searching the NHS Choices website.
7.3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8. Our rights to end the contract
8.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not:
8.2. We may withdraw the products or services. We may write to you to let you know that we are going to stop providing certain products or services. We will let you know at least 30 working days in advance of our stopping the supply of the product or service and will refund any sums you have paid in advance for products which will not be provided.
8.3. We reserve the right to suspend or terminate your access to our services at any time without notice if we have reasonable grounds to believe that you have breached any of these terms.
9. If there is a problem with the products
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. The fastest way to contact us is using our chat facility. You can also email us at email@example.com, telephone our customer service team on 0113 245 4544 or write to us at Living Care Pharmacy, 3 Leodis Court, Leeds, LS11 5JJ. We may refer you to one of our pharmacists if our customer services team cannot provide the information that you need (for example, if your question relates to a medicine). Depending on the nature of your question or complaint, we may also direct you to your GP surgery or Royal Mail as appropriate.
9.2 A copy of our complaint’s procedure is available on our website or by calling 0113 245 4544. Nothing in these terms will affect your legal rights.
10. Price and payment
10.1 Price of prescriptions. If you pay for your prescriptions, then you will be charged the prevailing NHS prescription charge, which from 1 April 2018 is currently £8.80 per item. Please note that NHS prescription charges increase on 1 April each year and we will always charge the NHS prescription charge in force at the time that your prescription is dispensed. This will appear on your bank statement as Living Care Pharmacy. No medical information will be passed to your bank or credit card company.
10.2 When you must pay and how you must pay. We accept payment by all major debit and credit cards. You must pay for the products in full (if they are subject to a charge) before we dispatch them. We use a third-party platform to process our payments. When you provide your credit or debit card details, the third party may perform a pre-authorisation on your card to ensure that the payment details that you provide are correct. We do not process, handle or retain any card details that you provide but the third-party platform that we use may ask for your consent to remember your card details for future purchases.
10.3 If you do not pay for your prescriptions, you must declare to us the reason for your exemption and we will ask you to provide evidence. If you fail to do so, we will notify the NHS that we have not seen valid evidence, which could result in you incurring NHS penalty charges.
11. Our responsibility for loss or damage suffered by you
11.1 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 or for any failures or delays caused by you, your GP surgery or Royal Mail. 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 registration process.
11.2 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 as summarised at clause 9.2; and for defective products under the Consumer Protection Act 1987.
11.3 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 re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 You are responsible for the orders you place, the information you provide and for checking and taking any prescription medicine correctly. You are responsible for ensuring that you comply with these terms and conditions.
11.5 Your GP surgery is responsible for issuing your prescriptions.
11.6 We are responsible for dispensing your prescription correctly and complying with the requirements of the General Pharmaceutical Council and NHS (Pharmaceutical and Local Pharmaceutical) Regulations. We are not responsible for the accuracy of the diagnosis, treatment or medication prescribed by your NHS GP surgery or correct use of products supplied. We cannot guarantee that a prescription request will result in a prescription being issued by your NHS GP surgery.
12. How we may use your personal information
12.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.
13. Other important terms
13.1 We may transfer this contract 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.
13.2 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.3 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.
13.4 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.
13.5 Which laws apply to this contract and where you can bring legal proceedings. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products or services in the English and Welsh courts.