Terms & Conditions

About us
This McPhersons Pharmacy website (http://www.mcphersonpharmacy.co.uk/) is owned and provided by Walter Davidson & Sons Limited (Davidsons Chemists). Davidsons Chemists is listed in Scotland under company number 29652. Our VAT Number is 268564321. If you require any further information regarding this website, our services, terms and conditions or to raise a complaint please contact us by one of the following methods:

Head Office Telephone: 01250 872308
Email: info@wdavidson.co.uk
Mail (registered office): 21-24 Wellmeadow, Blairgowrie, PH10 6AT

Privacy
Your privacy and that of each other person whose information you provide to us is important with us. Please see our Privacy Policy for details of what information we collect and how we will use and protect it.

Purchasing goods and/or services
If you purchase any goods or services from our pharmacy or via http://www.mcphersonpharmacy.co.uk, you do so under the following terms and conditions.

Terms and Conditions for Ordering Goods and/or Services

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND ARE LEGALLY BINDING. YOU SHOULD PRINT AND KEEP A COPY OF THEM FOR YOUR RECORDS.

Age restrictions
We only accept orders online from persons aged 18 or over. By placing an order, you are confirming that you are in this age range.

Residency
We only accept orders from and despatch orders to addresses in Mainland UK, Northern Ireland, Republic of Ireland, Scottish Highlands, Scottish Isles, Isle of Man, Isle of Wight, Jersey and Guernsey.

Placing an order
It is your responsibility to check that your order is accurate before submitting it to us.

Pricing
All prices on this website are in pounds sterling. Most prices include VAT unless stated otherwise. We take care to ensure that all pricing information on our website is accurate but occasionally there may be an error. We verify pricing at our despatch centre. If you believe you have been charged the incorrect price, you should contact us and we will refund any overpayment.

VAT exemption
If you purchase an item for your personal use and you are chronically sick or disabled, are a registered charity or you are making the purchase on behalf of an individual who is chronically sick or disabled for their personal use, you may be entitled to purchase the item without having to pay VAT. You will be required to make a declaration to confirm that the VAT exempt status applies. It is your responsibility to give accurate information and to not make a false declaration.

Accuracy of information
We try to ensure that all information and colours are correct at the time of their publication. However, the representation of colours on your browser may differ from the actual colours of products supplied. Any typographical, clerical or other error is subject to correction without any liability on our part. Any advice or recommendation given on this website or otherwise given to you by us, or any of our employees or agents, is followed or acted upon entirely at your own risk and we are not liable for such advice or recommendation.

Concluding a binding contract
When we receive an order from you to purchase items from us, we will confirm that we have received the order by sending an email to the address provided by you in your order. Your order is an offer to purchase an item and will not be binding [on us until the earlier of us sending you an email] to confirm that we have dispatched that item to you or you receive the item.

Postage and packing costs

Payment and refunds
In providing payment card details, you confirm that you are authorised to use the card and authorise us or our payment service provider to take payment in full for the items in your order and any other charges that become due to us under these terms. Refunds, if applicable, will only be made using the payment gateway and/or to the card originally used for payment.

Non-availability/substitutes
We reserve the right to change the specification of items which are required to conform to any applicable standards or European Union requirements. We try to have sufficient stocks of goods to meet demand but occasionally, items may be out of stock or unavailable from our suppliers. All items sold through this website are subject to availability. If any of the items on your order are not available we may send a substitute of similar specification.

Collection of your Order
Items will be delivered to the branch that you select at checkout normally within 3 working days. If you have selected pay on collection you must pay for goods before that will be handed to you.

Cancellation rights and damaged/faulty items
You have a statutory ‘cooling-off’ right, which entitles you to cancel your order within 14 working days of receipt of the goods in your order (certain exceptions apply). You also have rights in respect of items that are damaged on receipt or faulty. Details of these rights and how to exercise these rights are set out in the email we send to you to confirm your order and in our Returns Policy below.

RETURNS POLICY

Cancellation Rights

Consumers have the right to cancel orders for goods or services that have been placed on http://www.mcphersonpharmacy.co.uk for up to 14 working days after the date on which the item(s) are collected. This is called the ‘cooling-off period’.

This right does not apply to certain items such as:

Any appliance that is made from materials that may be distorted if worn

Any item which requires us to provide a service before approving the item for supply – provided that we have begun to provide the service with your agreement.

Any item that is made or customised to order.

To exercise your cancellation right, you should follow the instructions in ‘How to Return Items’ below.

You have a legal responsibility to keep the items in the original condition and in your possession until they are returned to us. This includes, for example, keeping any hygiene seals and clear plastic wrappings in place. You lose your right to return an item if you unseal a product that needs to be sealed for health and hygiene reasons unless faulty.

IMPORTANT NOTE

Your rights under the Distance Selling Regulations are to have the opportunity to inspect items you receive from us. Unless it is necessary to remove any hygiene seal or wrapping to inspect or assess an item, removal of such packaging shall be deemed to constitute a failure on your part to keep the items in reasonable condition and you will be in breach of your legal obligations. We are entitled to exercise our statutory rights in recovering any losses we incur in this respect.

Once we receive notice from you that you wish to cancel your order we will refund the purchase price for that item if you have yet to collect we can do this immediately if you have collected your order when you return the goods to us we will refund by the method you used to pay us.  You will have to pay the cost of returning the item to us if you are unable to drop off at one of our pharmacies.

If you wish to cancel an item after the cooling-off period, provided you return the item to us within 14 days of the end of the cooling-off period and in a re-sellable condition, we will refund the purchase price you paid for that item by the payment method that you used at checkout.

Damaged and Faulty Items

If any item we have supplied is damaged on receipt or, within 6 months of supply, develops a fault, we will ask you to return the item to us for inspection. We will then replace or repair the item free of charge or refund the price you paid for it.  You may have additional manufacturers’ warranties with some products such as electrical items giving you additional rights and you should check these carefully.

Liability

Our maximum liability for our failure to fulfill an order that we are legally bound to fulfill will be limited to the price paid by you for that order.

RETURNS IN STORE

We will give you a full refund as long as:

• It’s been less than 28 days since you received your item
• You haven’t damaged it
• It’s in resalable condition e.g. tags still attached, the packaging is unopened and the item has not been stained or marked.
• You have proof of purchase, such as your receipt, e-receipt, delivery note, or your order confirmation email. If you don’t have proof of purchase, we can’t offer you a refund, gift card or exchange
• You have the card you paid with.
• Your item is included in our returns policy. You can find a list of the items that aren’t included in our policy in the ‘Things that aren’t included in our returns policy’ section below.

Please note, we reserve the right to refuse an exchange or refund if goods are damaged or aren’t returned in a saleable condition.

If you don’t have proof of purchase, we can’t offer you a refund, or exchange.

If you paid by card and have your proof of purchase but don’t have the card you paid with, we can’t offer you a refund, but we’ll give you an exchange.

What’s included and what’s not?

Some items are excluded from our returns policy. You can read about them in the ‘Things that aren’t included in our returns policy’ section below.

If your item isn’t in our exclusions list, we’ll give you a refund or exchange. You just need to make sure that you return your item within 28 days of buying it and you have your receipt

We’ll put the money straight back onto the card you paid with and it should show in your account within 3-5 days. If you’re returning something because you don’t want it (rather than because it’s faulty) we must be able to resell it. That means that it should have its original packaging and shouldn’t be damaged in any way. If we don’t think the item is in a good enough condition to resell, we’re allowed to say no to giving you a refund or an exchange.

If you don’t have proof of purchase, we can’t offer you a refund or exchange.

Our policy doesn’t affect any of your normal statutory rights. Those rights cover you for things like faulty items, or items that are different from how we described them. They also let you cancel orders. You can find more information about statutory rights from your local trading standards department or Citizens Advice Bureau.

Items not included in our returns policy (unless faulty or different from described)

• For the safety of all our customers, we cannot accept the return of medicines, food, or cosmetics unless faulty.
• Items that do not have the original packaging with any seal still intact unless the item is faulty.  You lose your right to return an item if you unseal a product that needs to be sealed for health and hygiene reasons.

And finally, we can’t offer you a refund or exchange without proof of purchase.

HEALTH AND SAFETY WARNING

Electrical products
Electrical products sold on this website are designed for use in the UK and, if fitted with a plug, it will be a UK plug. They may not be suitable for use in other countries and you should check with the manufacturer before using them outside the UK.

You should read the instructions that come with the packaging before using the product and observe any specific warnings given by the manufacturer.

Medical electrical products
Not all medical electrical products are suitable for all medical ailments and, occasionally, their use may interfere with any treatment you are receiving or aggravate a condition. You should check with your GP or occupational therapist before using any medical electrical product.

NOTHING IN THESE TERMS AND CONDITIONS WILL AFFECT YOUR STATUTORY RIGHTS

Ownership of materials and license terms.
This website and the materials and software on it, or provided to you through it, are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to McPherson Pharmacy and/or third parties. You are permitted to display the materials on this website on a computer screen and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us provided you do not alter or remove any of the content or any part of the website without our express written permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.You are permitted to establish a link to this website from other sites provided that, if we believe it would damage McPherson Pharmacy or any of our Group companies, you remove the link immediately if we ask you to do so.

You agree not to:

• copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivative works from all or any part of this website or the materials or software on it, or provided to you through it, without our prior written consent (which may be given or withheld in our absolute discretion)
• use this website or any of the materials or software on it, or provided to you through it, for
• any unlawful purpose or in contravention of applicable law
• commercial exploitation without our prior written consent
• any purpose or in any manner that may give a false or misleading impression of us, our staff or our services
• use, upload or transmit
• any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person
• any device, software, file or mechanism which may interfere with the proper operation of this website or our systems
• decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this website
• do anything that may interfere with or disrupt this website or our service
• encourage or permit others to do any of the above

IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU AND/OR MCPHERSONS PHARMACY WE WILL PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY SUFFER AS A RESULT OF YOUR ACTIONS

Suitability of materials
We do not give any assurance that the materials provided or available to you on or through this website are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.

Website availability
This website is provided free of charge and we make no guarantee that it will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the website or any of its content at any time without notice and without incurring any liability.

Links from this website
We may, from time to time, provide links from this website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.

Monitoring
We may monitor activity and content on this website and may take any action we consider appropriate if we suspect you may be in breach of these TerFrems and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

Security
We use firewalls and secure payment technologies to protect your information (see our Privacy Policy for more details). However, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.

Accuracy of information
We take care to ensure that all information available on our website about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the content on this website, in of any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your GP directly.

Disclaimer
ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL ON THIS WEBSITE IS CORRECT AND SUITABLE FOR USE BY OUR CUSTOMERS, MISTAKES MAY, OCCASIONALLY, OCCUR AND MCPHERSON PHARMACY DO NOT GIVE YOU ANY ASSURANCES THAT THE MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES. NOTHING CONTAINED IN THE PAGES OF THIS WEBSITE SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN THIS WEBSITE OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION OR USE OF THIS WEBSITE.

Liability for our mistakes
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE:

THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;

THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR

ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.

NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT YOUR STATUTORY RIGHTS

Third party rights
Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms and Conditions has no rights to enforce them.

Waiver
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

Governing law
These Terms and Conditions are subject to the laws of Scotland and each of us hereby submits to the non-exclusive jurisdiction of the Scottish courts.

WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING.

IF YOU USE THIS WEBSITE AFTER THE NEW TERMS AND CONDITIONS HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS.