Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.nelsonspharmacy.com to you. Please read these terms and conditions carefully before ordering any Products from our website (our site). You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. We only use your Personal Information in accordance with our Privacy and Cookies Policy. For details please see our Privacy and Cookies Policy . If you do not agree to and accept, without limitation or qualification, these Terms and Conditions, please exit the site.
You can print a copy of these Terms and Conditions by selecting the print option from the “File” menu of your browser for personal use, but not for any commercial purposes or re-publication. The entire content of our site is subject to copyright law. You should also read our Privacy and Cookies Policy.
Information about Us
Nelsons Homeopathic Pharmacy is a well established homeopathic pharmacy business which sells a wide range of high quality homeopathic products and remedies for your wellbeing.
This site is operated by Nelson Pharmacies Limited. We are registered in England and Wales under company number 1698162 and with our registered office at Nelsons House, 83 Parkside, Wimbledon, London SW19 5LP.
Our main trading address is 87D Duke Street, Grosvenor Square, Mayfair, London W1K 5PQ.
Our VAT number is 318599419.
We are regulated by the General Pharmaceutical Council.
Service Availability and Description of Products
Our site is a place for you to select and order our Products. Our site describes the Products in more detail. The description and specification of products in the Web Site is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those products.
We may correct any error appearing in the Web Site or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
Our site is intended for use by people resident in the United Kingdom, Europe and the rest of the world. Those who choose to access this site from outside the United Kingdom are responsible for compliance with local laws of that country if and to the extent local laws are applicable.
Please note that our site is available only to individuals that can form legally binding contracts under applicable law. Although the contents of our site are aimed at all users, you must be over 18 years to purchase the Products, using the payment method displayed on our site. If you do not qualify click here to leave our site now.
How the Contract Is Formed Between You and Us
You may place an order to purchase a Product advertised for sale on the Site by following the on screen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors up until the point at which you submit your order by clicking the “Pay Now” button on the “Order Summary” page. When ordering a Product you will automatically be taken through the purchase procedure. Details of our prices for the products and the procedures for payment and delivery are displayed on our site.
After placing an order, you will receive an e-mail from us acknowledging that we have received it. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation Email”). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation (the “Dispatch Confirmation E-mail “). We will endeavour that the “Products Ordered” will be dispatched as far as possible within 5 working days upon receipt of payment within the UK and Ireland unless the products are unavailable at the time of purchase. Different delivery times apply for products outside the UK and Ireland.
We may be unable to process your order if:
- The Product you ordered is out of stock or discontinued; or
- There is a problem with authorisation of the payment on your credit/debit card.
We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
Availability and Delivery of Products
We will arrange for delivery of the Products you order to the address which you specify in the check out procedure. If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.
We will endeavour to deliver Your order as far as possible within 5 working days within the UK and Ireland from receipt of payment, unless there are exceptional circumstances or that the item is out of stock. In case of the latter we will endeavour to send it out as quickly as possible and to inform you via email. If you have placed an order for delivery outside the UK then the delivery times will vary dependent upon the carrier instructed to deliver your product. All products will be dispatched by standard delivery. Delivery charges vary depending on type of Products ordered and where delivered.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 7 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price.
Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction
We may also provide links on oursite to the sites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose site we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
Your Right to Cancel
If you are a UK/EU consumer, you have the legal right to cancel your purchase order. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturday, Sundays or public holidays are not included in this period.
To cancel a Contract, you must inform us in writing and return the product(s) unused and unopened to us immediately, in the same condition in which you received them, and at your own cost. You will not have any right to cancel a Contract which comprises hand dispensed, made to order and personalised goods items unless we have incorrectly dispensed the order.
Risk and Ownership
Once delivered the products ordered will become your responsibility and, except in relation to products that are damaged or faulty when delivered , or have been incorrectly delivered, we will not accept any liability for their loss, damage, or destruction after they have been delivered.
Ownership of the products will only pass to you: on delivery of the Products to you; or us receiving full payment of all sums due in respect of the Products-, (including delivery charges) whichever is the latter.
Price and Payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT at the applicable current rate chargeable in the UK but exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options before your check out.
Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an order Dispatch confirmation email.
Products will all be charged at UK prices and subject to the exchange rate on the day of purchase if bought from outside the UK.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
How to Pay
We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the “Order Summary” page. Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, Maestro, Solo, Delta, Amex but not Diner's Club.
You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay, non-delivery or charges imposed by your card issuer.
Our Refunds Policy
When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with the cancellation policy above, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case; within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for the Product. You must arrange for and pay the costs of returning the Products to us. If requested, we may collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund.
Products returned by you because of a defect must be returned within seven days starting from the day after delivery of the product has taken place and will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. You must notify us in writing of the defect and the order number.
Products returned by you within the seven-day cooling-off period within 7 (seven) working days starting from the day after you received the Products (Distance Selling Regulations 2000) will be refunded in full including delivery costs, the Products should be returned in a reasonable condition and un used and not opened and at your own expense.
We cannot offer a refund for made to order goods or personalised goods unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
Our policy on cancellations, returns and refunds does not affect your statutory legal rights.
If you have any complaints, you should direct them to us via e-mail email@example.com or by post to Nelson Pharmacies Limited, 87D, Duke Street, Grosvenor Square, London W1K 5PQ.
Important Information: In purchasing our Products, we make clear that the information on our site is not intended to be solely relied upon by you in making (or refraining from making) any decisions regarding your health or wellbeing. We strongly recommended you consult your GP or a professional advisor.
We warrant to you that any Product purchased from us through our site is of satisfactory quality.
Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
We only supply the Products for domestic or private use. You agree not to use the product for any commercial, business or re-sale purposes. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxesyour country may have, as well as complying with all applicable laws and regulations.Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Nelsons Homeopathic Pharmacy, 87(D) Duke Street, London W1K 5PQ or at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between us, so that no contractual rights are conferred on third parties.
Events outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Nelsons Pharmacies Limited does not warrant or represent 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 any or our services.
Our site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire content of our site is protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. We ask that you do not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these terms.
Information may only be downloaded from our site for your own personal use. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material or works derived or developed from such material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge you do not acquire any ownership rights by downloading copyright material.
All logos, devices and marks used on this site, without limitation, relating to:
Bach, Bach Flower Remedies, Bach Original Flower Remedies; the Bach signature; Nelsons, the Nelsons ellipse, Rescue Remedy, Rescue, Nelsons Homeopathic Pharmacy logo and brand design; Dr Bach photograph; product liveries and trade dress.
are our logos and or our registered or unregistered trademarks and trade names, any other logos or devices used on our site are trademarks and or trade names of our associates and partners. You may not use these devices, names or logos without the consent of the owner.
Viruses hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Links to other sites
You are not permitted to create links to our site from any other website without first obtaining our written permission.
We may provide hypertext links to other sites that are operated by other people. These links are provided solely for your convenience. Using such a link means you are leaving our site and we take no responsibility for, and give no warranties, guarantees or representations in respect of other linked sites. This is because we do not control and are not responsible for these sites or their content or availability. If you decide to access any of the third party websites linked to our site, you do so entirely at your own risk.
Complaints relating to information appearing on other websites should be addressed to the operator of that website.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Our Right to Vary These Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England. All parties submit to the non exclusive jurisdiction of the English Courts.