Terms & Conditions
Welcome to our website. These terms and conditions set out the basis upon which you can visit our website and regulate how you can order and buy goods from our company online.
By using our website, and when you purchase a product from us, you accept that you have read and understood and agree to comply with these terms and conditions, which include our privacy notice.
If you disagree with any part of these terms and conditions, please do not use our website or make any order from us.
Please note that our website is intended only for consumers. This website is owned and operated by Smile Pharma Ltd.
Company owners: Mr Mark Wilson / Dr Gaurav Kataria
Company No: 12646164
Registered address: Smile Pharma Ltd,298 Winwick Road, Warrington, Cheshire, United Kingdom,WA2 8HZ
Pharmacy Registration Number :- 9012395 Superintendent Pharmacist:- Jaspal Mann GPhC number:- 2038361
All Practitioners: Registration and Qualifications
By agreeing to our Terms and Conditions you are formally agreeing that you are who you say you are, have undertaken sufficient certified training which accredits you to be able to use the product/s purchased safely & effectively, are appropriately insured and take full personal responsibility for your competence.
All relevant training certificates must be uploaded at registration and/or provided when requested.
You are also formally confirming you will not purchase any products from SMILEPHARMA that you are not qualified to use.
We reserve the right to undertake checks to ensure you are a fully registered and compliant member of a professional body as claimed; GMC, GDC, GPHC, NMC other.
By signing prescriptions, you confirm that you are aware of and accept clinical responsibility for all items prescribed for your patient and that a suitable medical history and appropriate face to face consultation has been undertaken.
Additional safe guides:- when prescribing Mounjaro adults should have a BMI over 30, or those with a BMI of 27+ with at least one weight-related condition.
By signing prescriptions, you confirm that you are aware of and accept clinical responsibility for all items prescribed for your patient and that a suitable medical history and appropriate face to face consultation has been undertaken.
SMILEPHARMA LTD accepts no liability for use of the products outside of these terms & conditions.
1. YOU PROMISE US
You agree that:
You are over the age of 18 years.
You will have only one Account with us.
You will not pretend to be someone else when you use the Site.
If you link to another site through us, you will read their terms and conditions.
You will not try to get around any things we put on the site to stop or limit access to parts of it.
You will not do anything that might cause our systems to crash.
You will not steal the site or any part of it for use in any other site or application.
You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
You will not use our trademarks and/or designs and/or layout before asking us.
2. INTELLECTUAL PROPERTY
2.1 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.
2.2 Neither the Site nor the Content may be be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
3. DISCLAIMERS
3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectation but we are unable to guarantee that it will.
3.2 We are not able to guarantee that the Site will work with your device or will be secure.
3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.
3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions.
3.5 If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.
4. AVAILABILITY OF THE SITE
4 .1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.
4.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.
5. LIMITATION OF LIABILITY
5.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
5.2 Nothing in these Terms excludes or restricts our liability for death or personal injury, resulting from any negligence or fraud on our part.
6. LINKS TO OTHER WEBSITES
6.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.
6.2 We are not responsible for evaluating other sites with which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.
6.3 A link to another site does not mean that we endorse or recommend that site.
6.4 We can never guarantee that a link that we offer will work.
7. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE
7.1 These Terms will change from time to time by Smile Pharma Ltd and we do not have the resources to let all our visitors know about the changes.
7.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.
7.3 We may change the Site as often as we choose and these Terms will still apply to any changes we make.
8. ADDITIONAL TERMS
8.1 Operative Law – This agreement under which these Terms operate is made under the laws of England and Wales and that is the only jurisdiction which can govern it.
8.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.
8.3 Effect of Agreement – These Terms supersede all previous terms and represent the entire understanding between you and us.
8.4 Time of the Essence – Time will not be of the essence in any part of these Terms.
8.5 Unenforceability – If a Court or other body says that any part of these Terms is unenforceable, the rest of them will stand.
8.6 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
8.7 Entire Agreement – These Terms contain the entire understanding between us. BUYING TERMS These Terms apply if you want to buy anything using the Site.
1. ACCOUNTS
1.1 If you want to order anything from us you must create an Account.
1.2 When you create an Account you promise that:
All information you give us is accurate and truthful.
You will keep this information accurate and up-to-date.
You will not share your Account with anyone else.
You will keep your Account details confidential.
You will not give your username or password to anyone else.
You must log off when you exit the Account.
1.3 We may close your Account at any time and without reason. We will refund any balance due to you if the Account is closed.
1.4 If we send a payment to your bank account and it is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep the monies in that account to offset the expenses we have incurred and you will be entitled to nothing.
1.5 If you do anything which we think might be fraud, we may report those actions to the Police and we may keep any balance shown in your Account to cover the costs we are put to in dealing with your fraud.
1.6 You may only have one Account with us.
1.7 You warrant that you are a consumer and are purchasing any service or product as a consumer and not for sale or supply to any third party.
1.8 If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest.
1.9 You can cancel your Account with us at any time; all you need to do is to is email our customer service team.
2. PRODUCTS
2.1 We do not offer any medical advice, on the Site or otherwise. Any advice we offer on the Site is general in manner and must be verified by a health care professional. You agree not to use any Product until you have taken reasonable precautions that it will not cause you harm.
2.2 Before you use any Products you must comply with all instructions offered with that Product.
2.3 The use of syringes, needles or threads is dangerous. Unless you have prior experience in using them, we strongly suggest that you consult a professional properly qualified to use such equipment.
2.4 We will deliver any products you order in the manner you select using the Site.
2.5 All Product images on the Site are for illustration only and we cannot guarantee that the packaging shown will be what you receive, nor that any colours shown on your screen will be identical to those we upload.
2.6 All measurements/sizes we publish are subject to minor variations in manufacture.
2.7 You warrant that the information that you give to us is accurate, complete and not misleading in any way.
2.8 We do not represent or warrant that any Products will be available from the stocks we hold and we reserve the right to cancel any order from you if we cannot supply the Products in what we in our sole discretion consider to be a reasonable time.
2.9 All pricing information on the Site is correct at the time of going online but we reserve the right to change prices and alter or remove any item we advertise and/or special offers from time to time.
2.10 In the event that prices change during the period between your order being placed for Products and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price and will have the opportunity to cancel your order with us.
3. INTERNATIONAL CUSTOMERS
3.1 We are not responsible for import duties and taxes arising on the supply of our services outside the United Kingdom and we will make no calculations or estimates in this regard.
3.2 You agree that you are an importer of record and that you will ensure that your use of any Product we supply is in full compliance with the laws of the country in which you wish to use it.
3.3 You warrant the use of any Product is legal in the jurisdiction in which you intend to use it and will indemnify us against all losses we sustain in the event that you breach this warranty.
4. BANK CARD NUMBERS
4.1 We will not retain any information relating to your bank or credit cards except the information that you give to us so that we can credit your bank account.
4.2 Our payment gateways may retain information relating to your bank and credit cards, so that they can provide their payment service.
5. VOUCHER CODES/DISCOUNT CODES/COUPON CODES
We may offer voucher, discount and coupon codes from time to time; they will be effective only on the terms on which they are offered and can be withdrawn at any time.
6. COMPLAINTS AND DISPUTES
6.1 In the unlikely event that you wish to make a complaint about any product or service we offer, please contact us at [email protected]. You must tell us in writing within 14 days of the problem arising, by giving us full details of your dispute or claim.
7. OUR LIABILITY TO YOU
7 .1 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, subcontractors or for fraud or fraudulent misrepresentation.
7.2 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the order you have placed with us.
7.3 Subject to Clause 8.1, our total liability to you whether in contract, tort (including negligence),breach of statutory duty, or otherwise, arising under or in connection with the provision of any products or services will be limited to the amount paid by you in respect of such product or service.
7.4. We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the Site or any notification sent by us to you will be free of viruses or other harmful components.
7.5 We do not accept any liability or responsibility for the actions or omissions of any third party, including any doctor which we recommend to you.
7.6 We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity if you use any of our products or services otherwise than in accordance with these Terms.
7.7 We have no liability for any loss or damage which arises from your failure to inform your own doctor or other health care professional or that of any patient for whom you have obtained the Product about that Product or the Services which you order from the Site.
8. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJOR)
8.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.
8.2 If this happens:
• We will tell you as soon as we reasonably can;
• We will do all that we, reasonably, can to minimise the delay;
• If we cannot minimise the delay, we will cancel your order for the Product and refund you the money you have paid us, using the same method by which you paid us.