These terms and conditions apply to sales by myvetmeds, the trading name of VETMED SUPPLIES Limited (trading name myVetMeds) whose registered and business address is at The Vet Clinic, School Way, Okehampton, Devon EX201EU; Company No. 02482486.
Please read these terms and conditions carefully before proceeding to place an order. Placing an order is your agreement to abide by the terms and conditions below and a legally binding Contract may be entered into between you and the Supplier if your order is accepted. You may store these terms and conditions and reproduced them for your future reference.
1.1 In these terms and conditions the following words have the following meanings:
"Business hours" means 9am-3pm on business days
"Business day" means the days between Monday and Friday on which banks in England are open for a full range of business.
Contract: any Contract between the Supplier and you for the sale and purchase of the Goods.
Goods: any goods agreed in any Contract to be supplied to you by the Supplier (including any part or parts of them);
Medicines means any veterinary medicinal product authorised for sale either as a ‘Prescription Only Medicine – Veterinarian’ under Sch 3 Para 1(1)a Veterinary Medicines Regulations 2005 or as a ‘Prescription Only Medicine – Veterinarian, Pharmacist, Suitably Qualified Person’ under Sch 3 Para 1(1)b Veterinary Medicines Regulations 2005
Supplier: means Vet Med Supplies Limited.
Official Recall: means any of (1) the notification to VMD or other competent authority by the manufacturer of any Medicine under any legislation issued pursuant to Article 13 of Commission Directive 91/412/EEC, (2) a recall required by the Secretary of State under paragraph 38(4) or paragraph 40 of the Veterinary Medicines Regulations 2005
VMD means the Veterinary Medicines Directorate of the Department for the Environment Food and Rural Affairs
1.2 In these conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In these conditions references to the masculine include the feminine and the neutered and references to the singular include the plural and vice versa as the context admits or requires.
1.4 In these conditions headings will not affect the construction of these conditions.
2. APPLICATION OF TERMS AND CONDITIONS
2.1 The Contract will be on these terms and conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation email, specification or other document or transmission). Any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Supplier
2.2. You and the Supplier admit and confirm that
2.2.1 no representations other than those on the website pages describing the Goods have been made from one of you to the other that and
2.2.2 if representations have been made then the party in receipt of them has not entered into any Contract in reliance on them
3.1 The invitation to you to order Goods from the Supplier is not an offer by the Supplier to sell the Goods to you. Your order for Goods is an offer to the Supplier to purchase Goods from the Supplier subject to these terms and conditions.
3.2 Wherever possible the Supplier will accept your order to purchase the Goods by email. On receipt of the email notifying you of dispatch or (if earlier) where the Supplier delivers the Goods to you there will be a concluded Contract between you and the Supplier.
3.3 The dispatch notification email will be deemed to have been received when you are able to access the email.
3.4 Where applicable, if the Goods ordered are unavailable the Supplier reserves the right to provide you with alternative Goods of equivalent quality and price. Where it is not possible to provide you with alternative Goods of equivalent quality and price, we will advise you by email and you may cancel your order without penalty and receive a refund or credit for any sum that has been paid by you for the Goods within 30 days.
3.5 If an error is found in the accuracy of the description or the price of Goods supplied to you the Supplier will inform you of this. The Supplier reserves the right to cancel orders without liability to you resulting from typographical errors in respect of the description or price of Goods ordered. A contract has not been formed unless an email notifying of dispatch has been received as in 3.2.
4.1 Payment for the Goods is only charged on dispatch of an order except as detailed in 4.1.1. However to place an order online, you must complete an order form on the Supplier's website and enter credit/debit card information. Alternatively, you may order Goods by contacting the Supplier by telephone (see 4.1.1). However the contract is still formed as in 3.2
4.1.1 For telephone orders, orders over £500 or from overseas we reserve the right to charge the customer's card before dispatch. This does not affect the way the contract is concluded (see 3.2) or any other statutory rights.
4.1.2 We are no longer able to accept cheques in payment as of October 2013
4.2 No payment shall be deemed to have been received and no delivery will take place until the Supplier receives cleared funds. Any issues with payment may result in delayed dispatch as payment is only taken on dispatch.
4.3 Time for payment shall be of the essence.
4.4 You shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring that an amount equal to such deduction be paid by the Supplier to you.
4.5 In the event of your failure to make timeous payment of the price for Goods, the Supplier may cancel the Contract for those Goods.
4.6 Notwithstanding clause 4.5 above if you fail to pay the Supplier any sum due pursuant to the Contract you will be liable to pay interest to the Supplier on the outstanding sum as at the due date of payment, from the due date of payment until payment is made in full at the rate of 4% per annum above the base lending rate of the Nat West Bank plc from time to time.
5. DESCRIPTION AND PRICE
5.1 The description and price of the Goods shall be as shown on the Supplier's website at the time you place your order. Every effort is made by the Supplier to ensure the accuracy of the description and price of the Goods. If an error is found in the accuracy of the description or the price of Goods supplied to you the Supplier will inform you of this. The Supplier reserves the right to cancel orders without liability to you resulting from typographical errors in respect of the description or price of Goods ordered.
5.2 Prices shown on the website or otherwise are inclusive of VAT. In addition you may have to pay the cost of delivery.
6. PERFORMANCE AND DELIVERY
6.1 Time for delivery shall not be of the essence
6.2 Prescription-Only Medicine
6.2.1 Where an order is placed for a prescription-only medicine you will be directed to download an online prescription form and present this to your veterinary surgeon for signature. Thereafter, you must post the original signed prescription form to the Supplier's business address within 60 days from the day of ordering. On receipt of the original signed prescription form the Supplier will (save where clause 6.2.3 below applies) use reasonable endeavours to deliver the Goods to you within 7 days of the Supplier’s receipt of the duly signed prescription form.
6.2.2 Where the Supplier is unable to deliver the prescription-only medicine to you within 30 days from the day after you sent your order to the Supplier, the Supplier will advise you by email of the reason for the delay and provide a revised date for delivery of the prescription-only medicine.
6.2.3 Failure to return the principal prescription form within 60 days from the day of ordering will result in cancellation of your order and automatic termination of the Contract in respect of such order, unless agreed otherwise with the Supplier. You will receive a refund or credit for any sum that has been paid by you for the Goods less reasonable expenses incurred by the Supplier in processing your order but the Supplier will have no further liability to you.
6.3 Non-prescription medicine
6.3.1 Where an order is placed for a non-prescription medicine the Supplier will use reasonable endeavours to deliver the Goods to you within 7 days of receipt of your order.
6.3.2 Where the Supplier is unable to deliver the non-prescription medicine to you within 30 days from the day after you sent your order to the Supplier, the Supplier will advise you by email of the reason for the delay and provide a revised date for delivery of the non-prescription medicine.
6.4 If you are unhappy with the revised date of delivery provided pursuant to clauses 6.2.2 and 6.2.3, you may within 7 days of the email in 6.3.2 above cancel the Contract and receive a refund or re-credit for any sum that has been paid by you for the Goods within 30 days of cancellation less any incurred delivery charge.
6.5 Orders placed during Business Hours shall be deemed to have been received on that Business Day or if not within Business Hours, at the opening of Business Hours at its destination on the next business Day.
6.6 If for any reason you do not accept delivery of any of the Goods or the Supplier is unable to deliver the Goods on time because you have not provided appropriate instructions the Supplier may store the Goods until delivery whereupon you will be liable for all reasonable related costs and expenses (including, without limitation, storage and insurance).
6.7 If you do not accept delivery of any of the Goods because you have cancelled the Contract pursuant to clause 8.1 you will receive a refund or re-credit for any sum that has been paid by you for the Goods within 30 days of cancellation less delivery costs.
7.1 The Goods are at your risk from the time the Supplier passes them to Royal Mail or other similar delivery service.
7.2 Title in the Goods shall not pass to you until the Supplier has received in full all sums due to it for the Goods.
7.3 The Supplier shall be entitled to recover from you payment for the Goods notwithstanding that title in the Goods has not passed to you.
8.1 Except as detailed below, you have the right to cancel the Contract at any time before the expiry of a period of 7 business days beginning with the day after the day on which you receive the Goods. You may not cancel the Contract under this clause 8 where the Goods supplied to you:
8.1.1 have been made to your specification
8.1.2 are clearly personalised (as, without limitation, in the case of a prescription) or
8.1.3 which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly or
8.1.4 are Enzovax or Toxovax.
You may cancel by giving the Supplier notice in writing to the Supplier's business address or by sending a fax or e-mail. The notice shall operate to cancel the Contract between you and the Supplier relating to those Goods and no other.
8.2 The Supplier will within 30 days of receiving notice of cancellation, either refund to or credit you for (the choice being at the Supplier’s sole discretion) any sum that has been paid by you for the Goods less the postage costs the Supplier has incurred or will incur in procuring the delivery of the Goods to you.
8.3 If you cancel the Contract after delivery of the Goods to you, you are under a duty to return the Goods to the Supplier at Vet Med Supplies, School Way, Okehampton, Devon, EX20 1EU at your own expense. Until you have returned the Goods to the Supplier you are under a duty to retain possession of the Goods and to take reasonable care of them. If you fail to return the Goods the Supplier may at its sole discretion charge you the direct costs of recovering the Goods. The direct cost may be deducted from any sum that has been paid by you for the Goods if you do not return the Goods within a reasonable time of cancellation.
8.4 You may not return Medicines except to correct an error in dispatch or in response to an Official Recall.
If you return Goods under 8.3 above or otherwise, you must securely pack and suitably box the Goods in a manner consistent with the nature of the Goods. The Supplier recommends that the original packaging be used. You are responsible for ensuring that Goods are properly addressed and that adequate postage is paid. The Supplier reserves the right to refuse the return of the Goods where they have been used or are not of saleable quality or where you have failed to follow the oral or written instructions as to storage, use or maintenance of the Goods. You will be responsible for any damage caused to the Goods in transit, to the extent that such damage has been caused by your negligence or failure to ensure the return of the Goods in a manner and within a time period suitable to the nature of the Goods.
8.5 The Supplier reserves the right to defer the date of delivery or to cancel the Contract or to reduce the volume of Goods ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Supplier including, without limitation, acts of God, governmental actions, extreme adverse weather conditions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, earthquake, nuclear, chemical or biological contamination, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
8.6 If an event in 8.5 occurs your obligations shall be suspended to the same extent, and if the event continues for a continuous period in excess of 6 weeks you shall be entitled to cancel the Contract.
9.1 The Supplier warrants that (subject to the other provisions of these conditions) upon delivery and for a period of maximum period of 3 months from the date of delivery the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1994, provided that where the Goods supplied to you are by reason of their nature liable to deteriorate or expire rapidly the warranty period will cease on the date of expiration or deterioration of the Goods as detailed in the manufacturer's instructions for the Goods.
9.2 The Supplier shall not be liable to you for a breach of any of the warranties in clause 9.1 unless:
9.2.1 You give written notice of the defect to the Supplier, and (if the defect is as a result of damage in transit) to the carrier, within 2 business days of the time when you discovers or ought reasonably to have discovered the defect; and
9.2.2 The Supplier is given a reasonable opportunity after receiving the notice of examining such Goods and you (if asked to do so by the Supplier) return such Goods to the Supplier's business address at the Supplier's cost for the examination to take place there.
9.3 The Supplier shall not be liable to you for a breach of any of the warranties in clause 9.1 if:
9.3.1 You make or suffer to be made any further use of such Goods after giving such notice; or
9.3.2 The defect arises because you failed to follow the oral or written instructions as to the storage, use or maintenance of the Goods or suffered others to do so; or
9.3.3 You alter or suffer to be altered such Goods without the written consent of the Supplier.
9.4 Subject to clauses 9.2 and 9.3, if any of the Goods do not conform to any of the warranties in clause 9.1 you will have the option to cancel the Contract and receive from the Supplier a refund or credit for any sum that has been paid by you for the Goods or you may at the Supplier’s sole discretion receive a replacement. If the Supplier so requires you shall at the Supplier's expense return the Goods, or such part of them as is defective, to the Supplier.
9.5 If the Supplier complies with clause 9.4 it shall have no further liability for a breach of any of the warranties in clause 9.1 in respect of such Goods.
9.6 Any Goods replaced will belong to the Supplier and any replacement Goods will be guaranteed on these terms for the unexpired portion of the applicable warranty period.
10. LIMITATION OF LIABILITY
10.1 You and the Supplier shall only be liable to the other under this Contract for losses which are a reasonably foreseeable consequence of the relevant breach of Contract.
10.2 Subject to clauses 10.3 and 10.4:
10.2.1 The Supplier's total liability in Contract (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall not exceed 2 times the amount of the price paid by you for the Goods; and
10.2.2 The Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
10.3 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
10.4 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
You shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier. The Supplier may assign the Contract or any part of it to any person, firm or Supplier.
12.1 The Supplier will obtain personal data from you when you enquire about Goods or when you place an order for Goods. The Supplier agrees to ensure that it will comply with the obligations imposed by the Data Protection Act 1998 in storing and processing your personal data. If you have any queries regarding the use of your personal data then please contact the Supplier using the contact form on this website.
12.2 The Supplier will use your personal and other information to provide you with the Goods, for administration, regulatory compliance and customer services purposes, to prevent fraud, for marketing its own products to you and to ensure that the services provided by the Supplier are tailored to your needs and interests. The Supplier may keep your information for a reasonable period for these purposes. The Supplier may need to share your information with its service providers, associated companies and/or agents for these purposes. The Supplier may also disclose personal data in order to comply with a legal or regulatory obligation, including without limitation to the foregoing generality the regulatory framework set out by the Royal Pharmaceutical Society.
12.3 The Supplier may also share your information with third parties for marketing purposes. If the Supplier intends to share your personal data with third parties, the Supplier will seek your consent to such disclosure at that time and if such consent is given, the Supplier or the third party may contact you by mail, telephone, fax, email or other electronic messaging with offers of goods and services or with information. By providing the Supplier with your fax number or telephone number you consent to being contacted by these methods for these purposes.
12.4 The Supplier needs to know your email address to be able to contact you in connection with your orders and the Supplier may contact you by email with details of similar goods that they offer. If you do not want the Supplier to do this, please advise the Supplier by sending an email to [ ]
12.5 By providing the Supplier with your personal information, you consent to the Supplier processing your sensitive personal data for the above purposes. You also consent to the Supplier transferring your information to countries or jurisdictions that do not provide the same level of data protection as the UK, if such a transfer is necessary for the above purposes and otherwise permitted. The Supplier will only make such a transfer if the transferee is obliged by the terms of the transfer to protect your data.
12.6 If you provide the Supplier with information about another person, you confirm that they have appointed you to act for them to consent to the processing of their personal data and that you have informed them of the Supplier's identity and the purposes (as set out above) for which their personal data will be processed.
12.7 The Supplier may provide links to web sites operated by third parties. The Supplier is not responsible for the content or privacy policies of these sites, or for the way in which information about their users is treated
12.8 The Supplier's web site offers the use of a secure server when you place an order and the Supplier takes care to ensure that information is kept secure.
12.9 In the event of a sale or acquisition of some or all of the Supplier's business or assets, customer information may be one of the assets transferred.
12.10 You can request from the Supplier access to the personal information that the Supplier holds about you and to have any of your information corrected, for which the Supplier may charge a small fee.
If you have any queries, comments or complaints in regard to any aspect of the Contract or the contents of this web site then contact the Supplier by telephone or write to the Supplier at the Supplier's business address.
14.1 Each right or remedy of the Supplier under the Contract is without prejudice to any other right or remedy of the Supplier whether under the Contract or not, and no single or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of any such right or remedy.
14.2 If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement, and the validity and enforceability of the other provisions of the agreement shall not be affected.
14.3 If a provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
14.4 Any waiver or forbearance by the Supplier of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver or forbearance of any subsequent breach or default and will in no way affect the other terms of the Contract.
14.5 A person who is not a party to this agreement shall not have any rights under or in connection with it.
14.6 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
14.7 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
14.8 Subject to clause 6.2.2 and clause 6.3.2, no variation of these terms and conditions or any Contract created under it shall be valid unless it is in writing and agreed by both you and the Supplier.
15. REWARD POINTS
15.1 Reward Points may be allocated at our discretion at the rate advertised at checkout.
15.2 Reward Points may later be redeemed at a rate set by us, which rate may change from time to time.
15.3 Reward Points when redeemed entitle you to money off the order on which you choose to redeem them; they have no intrinsic monetary value and cannot be used to reduce an order's value below £0.00 (i.e. into a credit situation)
15.4 Reward Points expire 12 months after the date issued, after which they may not be accepted.
15.5 The number of Reward Points held, and their nominal value, is available on request. The number of points showing in the My Account system is advisory only.