Agreeing to Terms
If you do not agree to Get A Drip Pharma’s Terms & Conditions and Privacy Policy as posted here on this website, please do not use this site or any services offered by this site or Get A Drip Pharma. Your use of this site indicates acceptance of the company’s Terms & Conditions and Privacy Policy which can change at any time.
Get A Drip Pharma Limited
(“we”, “us”, “the Companies”)
These terms and conditions shall apply to all sales by the Companies which for the purposes of these terms shall mean Get A Drip Pharma Limited (“Get A Drip Pharma”) and shall prevail and supersede over your terms and conditions (if any), whether printed on any invoice, order, quotation, specification or any other document provided by you.
These are the only terms and conditions upon which Get A Drip Pharma are willing to supply products to you.
1. The conditions
- These conditions (as may be updated from time to time) apply to all orders for products placed by our customers (‘you’, ‘your’) to the exclusion of all other terms and conditions (including any of your terms and conditions under any purchase order, confirmation of order or any other document). These terms shall supersede any specific product terms that might apply to your order and in the event of any inconsistency with any other terms that might apply, these terms shall prevail.
- These conditions replace any other earlier conditions and may be changed by us in writing at any time, including by putting amended conditions on our website.
- When we accept orders placed by your employees, agents or contractors we will not be responsible for vetting the authorisation of those employees, agents or contractors and we will not be liable to you for any financial losses incurred by you by virtue of our accepting any order.
- Get A Drip Pharma is a business-to-business supplier. Get A Drip Pharma ordering portals are intended for use by business customers and not by private individuals acting as consumers.
- These conditions will apply to all orders for products which are being delivered inside or outside the UK (including Channel Islands and Isle of Man).
2. Orders
- We do not accept orders unless and until we confirm them or (if earlier) when we deliver the products to you.
- Each order for any one product which we accept creates a separate contract.
- We will accept orders depending on availability. We can refuse to accept orders for any reason.
- When placing an order you are responsible for accurately identifying the products you need.
- These conditions and all orders will be made only in the English language.
- All descriptions, illustrations and specifications contained in our catalogues, brochures and websites are for illustration only and do not form any part of these conditions.
- If you cancel any order, you will indemnify us (which means you guarantee to cover us), in full, against any loss (including loss of profit), costs, damages, charges and expenses we suffer as a result.
- If you place an order for goods with us through the online ordering service the following provisions will apply:
(i) Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
(ii) After you place an order, you will see an acknowledgement that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in condition 2.1 and condition 2.3.
3. Delivery
- Prices quoted do not include delivery charges.
- Delivery of the products must always be to the registered address which must comply with any regulatory and registration requirements in full.
- Delivery Charges will be added to your invoice/order.
- We may make an extra charge to cover any extra related costs incurred and any increase in transport costs that apply before the date we deliver the products and we will notify you of any change in costs before delivery. You will provide at the delivery address adequate and appropriate equipment and support to enable you to take delivery of the products.
- Any dates quoted for delivering the products are only approximate. We will not be liable for any delay in delivering the products, however it is caused.
- If we cannot deliver an order in full, we will either send you a credit note for the shortfall or send you an invoice for the actual quantity delivered and deliver the rest of the order at a later date which we will arrange with you.
- If we are delivering the products in installments, each delivery will form a separate contract and failure to deliver any one or more of the installments in line with these conditions will not render the whole order as terminated.
- The signature on a delivery note, drop sheet or ePOD by any person working at the delivery address will be evidence that you have accepted delivery of the products in full.
- If you fail to take delivery of the products or fail to give us adequate delivery instructions at the time given for delivery (unless we are at fault or there are circumstances beyond your reasonable control), without affecting any of our rights and any action we may be entitled to take, we may:
(i) store the products until we actually deliver them and charge you for the reasonable costs (including insurance) of storage and any costs related to redelivery; or (ii) sell the products at the best price we can get and (after deducting all related costs, including without limitation all reasonable storage, insurance and selling expenses) pay you any excess we make over the contract price or charge you for any shortfall below the contract price; (iii) charge you for the products if we are not able to re-sell them as a result of the non-delivery, or (iv) if our courier cannot return the items to us, you will be liable for the full cost. - At any time, we can stop making deliveries and demand payment for any products we have already supplied to you, no matter what previous agreement or arrangements have been made.
4. Price
- The price of the products will be the price in our price file at the time of acceptance of the order, except where your order is for products ordered under a promotion or special offer and the price then will be as stated in that promotion or offer.
- The advertised price does not include any value added tax (“VAT”), government tax or duty which will be charged and payable in addition to the price at the time when payment for the products is due.
- The price list is subject to change at any time without notice to you.
- We will be entitled to charge, and you will pay, (by address) any account surcharge, (for instance for fuel, pallets/containers or returns ordered in error (“OIE”))from time to time where applicable.
5. Payment
- We will invoice you for the price of the products, any other amount due to us, and any applicable VAT, tax or duty on or at any time prior to supply to you.
- Payment must be made in full before any items will be delivered (England, Scotland and Wales) or released to shipping providers (outside of England, Scotland and Wales).
- Payment will only be considered when the cleared funds are received by us into our bank account.
- It is a material term of this contract that you pay for the products on time.
- We are entitled not to give you any credit terms, but any credit terms given to you are subject to review by us from time to time and we can at any time and without prior notice suspend or vary any credit terms given to you. To facilitate this review you agree to provide us with your up-to-date financial information and statements of income on request.
- None of our drivers or agents can accept payment unless we have given you permission in writing beforehand.
- Any variation to these terms of payment must be agreed in writing by Get A Drip Pharma.
- Due to the costs of processing a payment, we are entitled to withhold the payment of any rebate owed to you that is under the value of £10. This amount can be withheld until a rebate is owed for a value greater than £10.
- In the event that any payment is outstanding from you, we may (without affecting our other rights and any action we may be entitled to take) seize, recover and may resell any products and you agree to give us the right to enter your premises, land or buildings to recover these products if you:
(i) agree to sell or otherwise dispose of your business or any part of it;
(ii) agree to sell or otherwise dispose of all or any part of the products to someone else (other than in the usual course of your business);
(iii) breach these conditions or fail to pay any amounts due under these conditions (or any other agreement between you and us, or any of our subsidiaries, associates or holding companies) within three days of them becoming due (whether we demand it or not);
(iv) have a Receiver, Administrative Receiver, Administrator, Provisional Liquidator or Liquidator appointed, pass a resolution for winding-up, have a court order made against you, are judged insolvent or bankrupt, cannot pay your debts as they fall due or make any arrangements with your creditors;
(v) encumber or in any way charge any of the products;
(vi) cease to trade; or
(vii) are late in making any payment to us and we will be entitled to demand payment of all outstanding invoices, whether they are due or not, and you must return any products we have delivered. - You must pay us by one of the following payment methods: BACS, CHAPS, credit card or charge card.
- If you fail to make a payment by the due date, without affecting our other rights and remedies, we may:
(i) cancel the contract or suspend any further deliveries;
(ii) use or set off any payments you have made against any sums due as we decide;
(iii) reduce or cancel any discount and review the discount available to you in the future;
(iv) charge you for all and any costs and expenses we have incurred for the collection of any payments due (including but not limited to a charge of £25 plus VAT on each event that any cheque presented by you is returned unpaid, or any standing order or direct debit instruction fails. A £50 arrears charge will be issued on each transaction whereby the collection of any sum due to us is referred to a third party collection agency or legal agents including solicitors); and
(v) charge you interest (both before and after any judgement) on the amount you have not paid. We will use an annual rate of 5% above National Westminster Bank’s base rate until you pay us in full. We will treat a part of a month as a full month for the purpose of working out interest. - If you fail to make any payment by a due date, you will be liable to pay all outstanding invoices immediately that are payable to the relevant Company.
- You are not entitled to withhold payment or use any amounts as a set off against any amount we may owe you.
- If you are liable to us, and as a result owe us money, under these conditions or otherwise (or to any of our subsidiaries, associates or holding companies), we may use any amount you owe us to pay off any amount that we (or any of our subsidiaries, associates or holding companies) may otherwise owe you.
- We can ask you to pay the full amount you owe or part of it or provide acceptable security before we make a delivery.
- To prevent bank fraud, it is important to keep your account information secure and not to provide your bank details to unauthorised persons. We do not accept responsibility if you transfer funds to an incorrect account.
6. Risk and property
- You will be responsible for any damage to or loss of the products:
(i) from the time we deliver them (delivery within England, Scotland or Wales),
(ii) if you fail to accept the products, the time when we tried to deliver them,
(iii) from the time your courier picks ups the products from us (delivery outside England, Scotland or Wales). - For delivery outside England, Scotland or Wales, the sale of the products will occur and title to the products will pass to you immediately at the point of your courrier picking up the products from us.
- As the legal owner at the time of export, you will be exporter of record from the UK for all of the products supplied to you; and
- As legal owner at the time of import, you will be the importer of record into the port of destination for applicable
products and be responsible for all customs clearance activities and costs. - Following the point in time that the products are placed by us with a third party carrier, our liability for physical loss, mis-delivery of or damage to the goods shall be limited to the lesser of: (i) the price payable by you for the relevant goods; or (ii) the maximum amount set out in the liability clauses of the Road Haulage Association’s Conditions of Carriage which are in force as at the date of acceptance of the order by us (reading such Conditions of Carriage as if we were the “Carrier”).
- Until you own the products (and as long as you have not sold or dispensed them), we will be entitled to enter your premises to repossess the products or ask you to deliver them to us. You grant to us, our agents and employees an irrevocable licence to, at any time, enter any premises where the products are or may be stored in order to inspect or repossess the products.
7. Liability
- We will not be liable to you for any shortages in the quantity we deliver, damage or loss, short-dated stock, or any faults in the products, unless you give us notice in accordance with this condition 7 and/or the Returns Policy (see condition 8(1) below) of the relevant Company (as appropriate) the goods delivered will be deemed to be in accordance with these conditions and you shall be bound to accept and pay for them and all claims in respect of non-delivery, loss, damage, defect or non-compliance shall be wholly barred. We will not be liable in any circumstance for any faults in the products caused by abnormal storage conditions, deliberate damage, negligence, failure to follow instructions or misusing the products. We will also not be liable for claims for any products which you have marked in any way.
- It is your responsibility to check the goods for quality defects or shortages promptly on receipt of your delivery.
- You must notify us of any potential claim for missing goods within three (3) working days of the delivery via email to orders@gadpharma.com.
- Unless we say otherwise in these conditions, our aggregate liability to you in connection with each contract, whether arising from negligence, breach of contract or otherwise (including in respect of our employees, agents or subcontractors) is limited to making good any shortfall in delivery, replacement of any goods which are damaged or faulty or to refund the cost of any goods either using a credit note or payment refund. In no circumstances will we be liable to pay more than the net price of the goods, less any settlement discount or other discount which may apply.
- Unless we say differently in these conditions, we exclude to the fullest extent possible any conditions, warranties, representations and other terms expressed or implied by any law or Act of Parliament.
- We will not be liable to you for any pure economic loss, consequential loss, loss of profit, loss of business, depletion or loss of goodwill (in each case whether indirect or direct) you suffer from our supplying any goods or how you use or resell them.
- Nothing in these conditions excludes or in any way limits our liability for fraud, or for death or personal injury caused by our negligence, or any other liability that may not be excluded or limited under English law.
- We will not be liable for circumstances beyond our control, including but not limited to trade disputes, poor weather, breakdowns or natural disasters.
- Our employees or agents are not authorised to make any claims about the goods unless we confirm the claims in writing.
- We will not be liable for any advice or recommendation our employees or agents give you about storing or using the goods unless we confirm this information in writing.
8. Returns
- You may be able to return goods in certain circumstances. Please see our Returns Policy.
- You must comply with our Returns Policy and use our standard forms where relevant.
- Ordered In Error (OIE):You shall not be entitled to return and we shall not be required to make any refund for any Products ordered by you in error. Any contradictory provisions in the Returns Policy shall not apply.
- Faulty goods:You may return at any time a product that is faulty.
- Transfer Orders: You cannot return faulty or damaged products we supply which are covered by a transfer order unless you have received authorisation from us.
- Recalls: We will only accept any medicinal products which are recalled by the manufacturer, product licence holder or regulatory authority in line with the specific instructions given at the time of the recall. All products must be packaged separately, clearly identified as returns relating to the product or batch recall and accompanied by a separate returns note. The returns note must give details of the type of recall and, where appropriate, all batch numbers. Credit will be issued by us as authorised by the manufacturer or product licence holder concerned at the time specified by them. Specific instructions about a recall will be placed upon our website.
- No physical returns of any product will be accepted by us and you agree not to give any products to the delivery driver for return to us, in each case, without the specific prior written authorisation from us. In the event of an error in delivery or delivery of damaged or faulty products for which you believe a refund is due, you shall notify us in accordance with the timeframes set out in the Returns Policy and shall follow the reasonable instructions given by us. You acknowledge and accept that, before any refund of such products will be made, you may be required to (i) provide photographic evidence to us of the relevant products and (ii) safely and lawfully destroy the relevant products and provide us with written confirmation of such destruction. The Returns Policy shall be deemed
amended accordingly so as to remove any references to physical returns of products. - Where there is a product recall instigated by the manufacturer, the product licence holder, or a regulatory authority, you shall comply with all reasonable instructions issued by us at the time of the recall. Credit for the relevant products (including any authorised costs associated with safe disposal) will be issued by us as authorised by the relevant manufacturer or product licence holder at the time specified by the relevant manufacturer or product licence holder.
9. Anti Bribery and Sanctions
- We are committed to eliminating all risk of bribery and corruption in our business. We comply with our Anti Corruption and Bribery Policy. We expect all our customers and partners to uphold the spirit of this policy and you shall not do any act or thing nor omit to do any act or thing for the benefit of, in the name of or on behalf of us that could cause us to be in breach of this policy or could be construed as an offence under any applicable anti corruption legislation including (but not limited to) the UK Bribery Act.
- Certain products sold by us may be subject to export control regulations of the United Kingdom, the United States of America, the European Union and other countries (“Export Laws”). It is your responsibility to comply with such Export Laws and obtain any licence or permit required to transfer, export, re-export or import the products.
10. Your information
“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Business Data“any data or information relating to your business including, but not limited to, details of these conditions, your business’s -spend, products purchased from us or data collected on your EpoS and/or PMR systems (to the extent applicable) and provided to us. Business Data includes the name of your clinic/pharmacy.
- We are entitled to use, share or sell to third parties or publish any Business Data for our legitimate interests. Where you operate your business as a sole trader or as an unincorporated partnership, Business Data may include your own name(s), as well as the trading name of your business but will not be combined with any other Personal Data.
- We will only process the Personal Data of your business’s employees and other staff in accordance with applicable privacy laws and only to the extent required for us to pursue our legitimate interests where we believe your /their fundamental rights or freedoms would not be overridden.
- If you are a member of a buying group, we will communicate information (which may include Personal Data) to the buying group to which you belong to enable it to act on your behalf according to the terms of your arrangements with it.
- We may use contact information of your business, employees and staff to let you know about other products and services offered by us, and other companies in the Get A Drip Group which we think will be of interest to you.
- If you or any of your employees or staff wish to amend or update your Personal Data , wish us to delete your or their Personal Data, or have any questions about how we process your or their Personal Data, please contact us at enquiries@gadpharma.com.
- For more information on Privacy at Get A Drip Pharma please read our Privacy Policy.
11. General
- We will be entitled to transfer to any other person all or any of our rights or the benefit of those rights created by any contract between us and you to which these conditions apply (or both).
- You will not be entitled to transfer to any other person or company all or any of your rights, or the benefit of those rights, created by any contract between us to which these conditions apply.
- Any notice given under these conditions must be in writing and addressed to:
(i) you at the agreed delivery address or any other address you have told us about; or
(ii) us at the relevant Company’s registered office set out below. Please mark any notice for the attention of the Company Secretary. - No waiver or retraction of a waiver by us under these conditions will be valid or binding unless it is in writing and signed by us. Our failure to exercise any right under these conditions, or to require your performance of any provision under these conditions, or our waiver of any breach of these conditions, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of these conditions.
- If at any time:
(i) any of these conditions should be wholly or partly illegal, invalid or unenforceable, then such illegality, invalidity or enforceability will not affect the other remaining conditions in any way;
(ii) any of these conditions should be wholly invalid or unenforceable but would be valid or enforceable if some part of the condition were deleted, then the condition in question shall apply with such modification as may be necessary to make it valid and enforceable. - You agree with us that no term of these conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
- We reserve the right to make a charge of £10 per copy for any copy document you request we provide.
- These conditions are governed by English law. The Courts of England and Wales shall have exclusive jurisdiction.
- You agree to indemnify, defend and hold harmless Get A Drip Pharma Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
12. Complaints Procedure
Complaint Standards
- We treat all complaints seriously.
- You will always be treated with courtesy and fairness. We would hope that you will always be courteous and fair in your dealings with our staff.
- We will treat your complaint in confidence.
Listen
- Listen to the customer’s complaint and understand what has happened and why the customer is complaining.
Inform
- Acknowledge the complaint within 2 working days of receiving the complaint.
- Tell the customer that their complaint will be investigated and they will receive a response within 2 weeks.
Respond
- Share findings from investigation
- Provide a full and clear explanation about how the decision was reached and provide evidence where applicable
- Acknowledge any wrongdoing and offer a remedy depending on the problem and the findings
Process
- Client email is received (if complaint is in person or over the phone then we would request to put the complaint in writing to enquiries@gadpharma.com).
- The complaint is forwarded to the relevant department with the Head of Department in copy.
- Respond to client within 2 working days and inform them that their complaint will be investigated and they will receive a response within 2 weeks.
- Complaint is discussed with Head of Department and the member of staff in question.
- Investigation / root cause analysis conducted.
- Respond to customers within 2 weeks, informing them of the investigation, outcome and final decision.
Recording of Complaints:
We log and review all complaints we receive so that we can monitor the types of problems, identify trends, and assess how long we are taking to deal with them, with the aim of continuous improvement.
We will handle your information in compliance with all relevant data protection legislation.
If you are not satisfied with how we have handled your complaint or the outcome:
If you are dissatisfied with the response you get from us, you may escalate your complaint to one of our regulatory bodies.
Contact Us
Any queries or comments should be directed to the HQ of Get A Drip Pharma as follows:
Email: enquiries@gapharma.com
Get A Drip Pharma Limited (Registered No. 12511820) has its registered office at Unit 5 Aylesford Court, Works Road, Letchworth Garden City, Hertfordshire, SG6 1LP.
VAT registration number 347 8802 66