Terms and conditions of sale When you order from Schwabe Pharma UK When you place an order on www.schwabepharma.co.uk (“the Web site”) you agree to be bound by the terms and conditions below. These conditions are in addition to your statutory rights as a consumer. The Company reserves the right to vary these conditions without notice. These variations will be effective from the time that they are published on this Web site. Once an order has been accepted, no variation to the conditions shall be binding on either party unless agreed in writing by an authorised officer of the Company. Definitions of the terms used in this agreement “Contract” means a contract for the supply of Goods by the Company to the Customer. It is binding on both parties. “Goods” means the products that the Customer orders from the Company. “Company” means Schwabe Pharma (UK) Ltd. “Customer” means a consumer as defined under the Unfair Contract Terms Act 1977. “Conditions” means the terms and conditions published on this Web page together with any variations that the Company has agreed to in writing. “Customer’s Credit Card” means the credit or debit card that the Customer used to offer payment for the Goods when placing the Order. “Order” means any order placed by the Customer for the supply of Goods by the Company. “Order Form” means any order form (whether in paper or electronic form) that was completed, submitted to and received by the Company. “Despatch Date” means the date that the Company despatches the Goods to the Customer. “Delivery Date” means the date that the Customer received the Goods. “Web site” means this Web site, the URL of which is www.schwabepharma.co.uk. “Registered Office” means the registered office of the Company, which is: Schwabe Pharma (UK) Ltd, Alexander House, Mere Park, Dedmere Road, Marlow, Bucks SL7 1PD. “Price” means the price of the Goods as advertised on the Web site. “Total Price” means the sum of the prices of all the goods ordered by the Customer, including any taxes and delivery charges. “Working Days” means Monday to Friday (excluding public holidays) between the hours of 9.00am to 5.00pm GMT/BST. 1. Ordering and Supply of Goods 1.1. An Order exists when the Customer submits a completed Order Form to the Company. 1.2. The Company reserves the right to refuse to fulfil Orders at its sole discretion, subject to the Customer’s statutory rights. 1.3. The Company agrees to supply the Goods to the Customer under the following conditions: 2. Payment Terms 2.1. Payments shall be made by the Customer’s Credit Card, which must be one of the Credit Cards listed on this Web site. 2.2. The effective date of the transaction is the date that the Company accepts the order. 2.3. The Customer represents, warrants and undertakes, upon providing the Company with the Customer’s Credit Card details, that: 2.3.1. The Customer is legally entitled to use the Customer’s Credit Card. 2.3.2. The Customer authorises the Company to receive payment for the Total Price of the Goods including any delivery charges and taxes where appropriate. 2.3.3. The Customer is purchasing the Goods for personal use and not for resale or the supply to third parties. 2.3.4. The Goods are for the Customer’s personal use. 3. Product Description and Prices 3.1. When the customer places an Order for the Goods he or she acknowledges and accepts that the physical appearance of the Goods, including the appearance of the packaging materials may vary from the illustrations on the Web site. 3.2. Any errors in the information on the Web site may be corrected without any liability to the Company. If, having relied on erroneous information on the Web site, the Customer has already placed an Order with the Company he or she is entitled to cancel the order and to receive a full refund on return of the goods. 3.3. The Company reserves the right to alter the specifications of the Goods to comply with current legislation. 4. Cancellations and Refunds 4.1. Schwabe Pharma (UK) Ltd is committed to providing its customers with products that meet their customers’ needs. However, we understand that there may be occasions when the items may not have been delivered correctly or that you no longer require the product. If this is the case then the customer has the right to return the Goods to the company free of charge within 28 days of the Delivery Date for a replacement or full credit or refund as long as the goods are unused and are returned with the original packaging. 4.2. In the event of a refund, please note the refund will be made by the same method used to pay for the order. Credit card companies will only allow refunds to be made to the card used to pay for the original order. Please be aware that it can take as long as seven working days for a refund to be acknowledged by your credit card company. 4.3. Your statutory rights are not affected 4.4. To return an item, please enclose a note in the package stating why it is being returned, whether you would like a replacement or refund, your name, full address and a daytime telephone number. We do not keep individuals’ credit or debit card details for data protection reasons, so a member of our Customer Care Team will need to contact you to obtain this information before a refund can take place. 4.5. Address the package to FREEPOST RRZA-BREE-ZZUA, Schwabe Pharma (UK) Ltd, Alexander House, Mere Park, Marlow, Bucks, SL7 1FX and send it to us, free of charge, at your local post office 4.6. Please note that all returns are evaluated before being processed. 4.7. If for any reason you need assistance with your queries, please email our Customer Care Team at firstname.lastname@example.org or call 01628 401980. 5. Price and Delivery Charges 5.1. The Price of the Goods and the cost of delivery shall be the prices and costs that are advertised on this Web site at the time when the Company accepts the order. 6. Despatch and Delivery 6.1. It is the Customer’s responsibility to take delivery of the Goods. In the absence of accurate delivery instructions or in cases where the Customer is unable to take delivery in accordance with the instructions given to the Company, the Company reserves the right to store the Goods at the Customer’s expense until such time that the delivery can be made, and without liability for any loss of, damage to or deterioration of the Goods. 7. Ownership and Risk 7.1. Title of ownership of the Goods shall pass to the Customer when the Company has cleared funds from the Customer equal to the Total Price. 7.2. Risk of damage or loss of the Goods shall pass to the Customer when delivery takes place or, in the event of the Customer not taking delivery of the Goods, the time when the Company and/or the Company’s agent has exhausted all reasonable efforts of deliver the Goods. 8. Intellectual Property 8.1. All intellectual property and other property rights relating to the Goods and the Company shall remain the property of the Company. 9. Warranties, Liability and Indemnity 9.1. The Company warrants that, subject to the conditions set out below, all Goods will be free from defects and will correspond with the Order. 9.2. In the event of receiving a defective product from the Company, the Customer will notify the Company in writing within 30 days of the Delivery Date and the Company will issue a replacement or full credit or refund, which shall be the full extent of the Company’s liability 9.3. In the event that the Customer breaches any of the clauses in this agreement, the Company shall not be liable to the Customer or any third party for any loss of any kind whatsoever. 10. Termination 10.1.The Company reserves the right to terminate this contract and to cancel and/or suspend any future deliveries if the Customer fails to make payment of the Total Price or is in breach of any of the clauses in this Contract. 10.2. On termination under clause 11.1, the Customer shall pay to the Company all costs, arrears and expenses arising as a result. 11. Withdrawal and Use of Goods 11.1.The Company has the right to withdraw any or all of the Goods from sale at any time for any reason without giving prior notice and without any liability to the Customer. 11.2. The Customer agrees to use the Goods in accordance with the Company’s recommendations. 11.3. The Company will not be liable for any loss or damage arising from the misuse of the Goods, which includes but is not limited to exceeding the recommended daily intake. 11.4. The Goods are sold as either Traditional Herbal Medicinal Products, Unlicensed Herbal Medicines or Food Supplements and makes claims in accordance with the Medicines and Healthcare products Regulatory Agency (MHRA) in accordance with Article 16.c of Directive 2001/83 EC, as amended, as part of the Traditional Herbal Medicines Registration Scheme www.mhra.gov.uk. 12. Disclaimer No product or advice is intended to replace current medication or diagnose, treat or cure any condition. Consult a doctor if you are concerned about your health or if you are on any medication. All descriptions and specifications are accurate at the time of Web site launch. However Schwabe Pharma (UK) Ltd reserves the right to change and amend products and offers as it feels necessary.