Consumer terms of sale
Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.
Format of the contract
1.1 These terms of sale apply to all goods supplied by eChemist, whose registered office is at Unit 27, Orbital 25 Business Park, Dwight Road, Watford, Hertfordshire, WD18 9DA, UK (the "Supplier", or "we", or "our").
1.2 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
1.3 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
1.4 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.5 The contract is subject to your right of cancellation (see condition 7 below).
1.6 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.7 The Supplier may change these terms of sale without notice to you in relation to future sales.
1.8 Pre-order service is available for selected goods.
1.8.1 a pre-order product is one that is not yet in stock but is expected within the next six weeks (see condition 4.20 below).
1.8.2 a pre-order product is added to your online basket in the same way as any other product and payment can be processed by debit/credit card or Google Checkout.
1.8.3 pre-ordered goods are sold on a first come first sold basis.
1.8.4 we will charge your account when the order is shipped.
1.9 It is a legal requirement that customers can not order more than one pharmaceutical item.
1.9.1 you will be asked to provide additional information in the form of a short questionnaire.
1.9.2 occasionally our pharmacist may need to contact you to discuss your order.
Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the eChemist website at the time you place your order.
2.2 If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3 If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the eChemist website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
2.4.1 placing a new order at the correct price for those goods;
2.4.2 cancelling the whole of your order; or
2.4.3 cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
2.7 Please note that any products on special offer:
2.7.1 are not eligible to receive loyalty points on purchase.
2.7.2 loyalty points are for registered customers only.
2.7.3 all offers and promotions are subject to change, cancellation or removal from the eChemist website at any time without notice. To the extent permitted by applicable law, Promotional Codes will no longer be valid upon cancellation, expiration or removal from eChemist web site. We are not responsible or liable for any claims arising as a result of Promotional Codes, including any problems or defects in connection therewith.
2.7.4 will not include selected food items and selected brands.
Delivery
3.1 The goods you order will be delivered to the registered address (billing address) you give when you place your order.
3.2 Orders placed before 12.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
3.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
3.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
3.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
3.4.2 sell the goods at the best readily obtainable price and either
(a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or
(b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
3.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
3.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
3.7 If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
3.8 The Supplier is not liable for any additional tax, duty or other charges invoked at the destination on receipt of the goods.
3.8.1 The client will be liable for any costs incurred for refused/rejected deliveries which are returned back to us this will include any tax, duty, delivery fees or other charges upon return to us.
3.9 If you place an order that is to be shipped outside of the United Kingdom, please note that certain products (such as perfumes) will be delivered via surface mail and can take up to 8 weeks for delivery.
3.10 Delivery is subject to stock availability. We will endeavour to deliver items available for despatch within 24 hours subject to stock availability – please view despatch details on relevant product pages.
3.11 Due to health and safety reasons enforced by the UK Civil Aviation Authority, no form of Aerosol (flammable or non -flammable) or any product containing alcohol can be exported from the UK. These items are prohibited or restricted to be sent by air and surface mail.
The following forms of aerosols are:
i. Shave Foam/Gel
ii. Thermal Spring Water
iii. After Shave Fluid
iv. Sprays
v. Fragrances
3.12 Due to variant customs regulations in specific countries we do not guarantee delivery of certain products. Should these items be returned to us; we will inform the customers and resolve the issue accordingly.
3.13 The delivery cost does not include any applicable duty or customs tariffs that may be levied upon importation. These charges must be paid by the consignee. All UK mainland and international delivery orders over 2KG or exceeding over 1L will be subjected to an additional delivery charge (This does not exclude our free delivery service).
3.13.1 Any parcels over 2KG or 1L may be sent with an express shipping service and any custom fees and charges applied must be paid by the consignee. We are not held responsible for any of these additional charges. We are not held responsible for any parcels destroyed or abandoned by customs due to lack of information supplied by the consignee. In this instance we will not issue a refund.
3.14 DHL and Royal Mail does not consider a parcel to be lost unless it has been in the postal system for no less than 15 working days for all UK mainland orders (tracked and untracked services) and 25 working days for international tracked orders. Whilst it is highly unlikely deliveries will take this long, we are only able to send you a replacement once the specified period has passed or process a refund once the claim is confirmed. Please check with your local post office if you are expecting a parcel from eChemist.co.uk, if it has not arrived, as they may be holding it for collection. Please find more information at Royal Mail.
3.15 Due to current volume of orders and time delays on delivery, we are unable to offer free international shipping to selected countries.
3.16 If the buyer has provided a wrong or incomplete address and the order is not returned to us, then we are not responsible. This would be considered as a Lost Order. We will not issue a refund.
3.17 If the buyer informs us that he has provided a wrong or incomplete shipping address, then we will try to stop the order but we cannot guarantee it because we process orders rapidly.
3.18 If the order is returned to us due to an undeliverable or wrong or incomplete address, then the buyer may request for a reshipment, once the parcel has been returned back to us. The buyer is responsible for the re-shipping and re-handling sum.
3.19 We can only entertain claims for lost items within 35 working days for standard deliveries within European countries and 45 working days for standard deliveries outside the European countries.
3.20 The pre-order date specified on the appropriate product page is the date by which we expect to deliver the item(s) to your shipping address.
3.20.1 if it is known that a delivery has been delayed we will be in contact to update you as soon as possible with the new expected date.
3.20.2 due to potential, unanticipated manufacturing delays we cannot guarantee dates of delivery for pre-ordered goods.
3.21 Multiple orders placed for any products within 7 to 14 days by the same customers or numerous accounts (having similar or same billing or shipping address) will be treated as trade customers and hence shipping will be charged separately based on weight or/and volume.
3.22 Orders placed for large quantities for any products will incur shipping cost based on weight and/or volume and destination (remote and non remote locations by area code / zip code / postal code) in event of the weight being over 2KGs or exceeding over 1L.
3.23 In post code areas that are seen to be of high risk, we will unfortunately no longer be able to offer customers from these post code areas a free delivery. Echemist.co.uk customer services will contact you, in the event that you postal address is in an area that is seen to be of high risk to ask for payment for a tracked service. Risk status of a post code area is based on our findings from previous years however are continuously updated.
3.24 Due to new rules and regulations implemented by the Civil Aviation Authority (CAA), Department for Transport and the Maritime and Coastguard Agency on prohibited items also know as ‘Dangerous goods’ and restrictions for domestic and international post all parcels are being x-rayed and if a parcel looks suspicious the parcel will be sent for further investigation, if the items are classified as dangerous goods, the items will be destroyed and if not, the parcel will be resealed and sent on to its final destination. Your parcel could have been stopped for further investigation and if so your parcel should be delivered shortly. Please find more information at Civil Aviation Authority, Royal Mail (Restricted Goods) and Royal Mail (Dangerous Goods).
3.25 Certain brands and products may incur additional shipping charges for international delivery.
Risk/Title
4.1 The goods are at your risk from the time of delivery.
4.2 Ownership of the goods shall not pass to you until the Supplier has received in full in cleared funds all sums due to it in respect of:
4.2.1 the goods, and
4.2.2 all other sums which are or which become due to the Supplier from you on any account.
4.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
Your right of cancellation
5.1 You have the right to cancel the contract at any time up to 7 working days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
5.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
5.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the Supplier's website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods the Supplier shall, after receiving notification in accordance with condition 7.4, 7.5 or 7.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure (see condition 10 below).
5.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
5.5 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
5.6 You do not have the right to cancel the contract if any of the goods have been unsealed or removed from their original packaging.
Warranty
6.1 All new electronic goods supplied by the Supplier are warranted by the manufacturer of the goods, all other goods do not come with manufacturer’s warranties and therefore the supplier will not be responsible for any faulty goods. The Supplier does not warrant any products unless identified as defect within 7 days and the supplier is notified of this as in condition 6.5 above. This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow the Supplier's Returns procedure (see condition 10 below). In the event of a valid claim for a defect in the Goods, the Supplier will (at its option) either:
6.2.1 replace the Good(s), if the Supplier has available the same Goods(s) at the same price;
6.2.2 refund or re-credit you the sum you have paid for the relevant Good(s)
6.3 The warranties in conditions 6.1 and 6.2 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier´s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
6.4 If the goods supplied to you are damaged in transit, you should notify the Supplier by phone or post within 7 working days of receipt of the goods. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 6.1 and 6.2.
6.5 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 7 calendar days of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 10 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 6.1 and 6.2.
Data protection
7.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Images
8.1 Product images are for illustrative purposes only and may differ from the actual product.
Returns
9.1 Please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
9.2 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
9.3 You may not cancel or return your order if the items are
(a) perishable items (e.g. food and baby milk);
(b) medicines;
(c) personalised for you; or
(d) sealed items which are not suitable for return due to health or hygiene reasons if unsealed after delivery, unless such items were damaged or faulty when delivered to you or have been incorrectly delivered.
Governing law and jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
eChemist.co.uk,
Unit 27, Orbital 25 Business Park,
Dwight Road,
Watford,
Herts WD18 9DA
