Conditions of use

Introduction

The owner of this web site is Daynight Pharmacy Ltd whose address is 692-694 Osmaston Road, Derby, Derbyshire, DE24 8GT (‘Daynight Pharmacy/‘we’ /‘us’/‘our’). Registration number 1092905. The Website Owner, including subsidiaries and affiliates provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. This website should not be used as a replacement for advice from a medical professional. If you find an error or omission at this site, please let us know.
1. Refunds

Any refunds due back to you under conditions 3.0 -3.2, will be refunded via the same means as when the order was placed and by no other methods.

2. Trade Marks

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner, suppliers, manufacturers and partners of the owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

3. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

4. Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public areas by you, which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:

  • defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
  • publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
  • post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
  • violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
  • submit contents containing marketing or promotional material which is intended to solicit business.

Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.

Disclaimer of Liability.

The Website Owner and its directors, shareholders and associated persons shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Use of the Website.

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

General

Entire Agreement.

These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website. In the unlikely event that an incorrect price is shown on our website. We reserve the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order. You agree that your order is an offer to buy the Products under these Sales Terms. All orders must then be accepted by us. We may choose not to accept abnormal orders and orders which are not placed in good faith. After having received your order, we will send you an order confirmation email with your order number and details of the items you have ordered. Please note that the Order confirmation email is not an acceptance of your order. Acceptance of your order and the formation of the contract of sale between Daynight Pharmacy and you and will not take place unless and until you have received an email confirmation of your order being despatched. Please note that Daynight Pharmacy reserves the right to cancel your order at any time before you receive your ordered items.

Alteration

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

Conflict.

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Waiver.

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

Cession.

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

Severability.

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. Please contact us if you require clarification on any of the terms in this statement.

Applicable laws.

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

Accessing the Site

We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device. We cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output. We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.

Using the Site

This Site is for personal and non-commercial use. You must not use any materials contained in the Site except to the extent necessary for your own personal use. In using the Site and information available from the Site, you agree that you will not:

  • Post, disseminate or transmit unauthorised advertisements or promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
  • Omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content.
  • Impersonate any person or entity, or fail to state or otherwise misrepresent an affiliation with any person or entity.
  • Engage in any activities in order to withhold or cloak identity or contact information.
  • Send harassing and/or threatening messages to others.
  • Engage in "flooding" - i.e flooding and mail bombing (sending large amounts of email repeatedly to the same email address).
  • Use the information available on the Site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner which is or may be damaging to Our name or reputation.
  • Publish or download web pages or content, images, descriptions or text.
  • Electronically stalk or otherwise electronically harass another.
  • Engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.
  • Engage in any activities with relation to reverse engineering of the website, including data structures, descriptions, images or any other material contained on the site.

Medical Information.

You should be aware that information captured will be viewed by our pharmacy team. You should read all product packaging prior to using it. Please contact your doctor or medical advisor if you are unsure about whether you should use a product. You understand that Daynight Pharmacy may share your contact details with the manufacturer of items purchased if they offer extended warranty or product aftercare. You can opt out at any time by contacting us.

Delivery.

Daynight Pharmacy will not be held responsible for lost parcels caused due to an incorrect delivery address entered by the customer. Delivery address cannot be changed once the order has been shipped. Daynight Pharmacy are unable to refund courier delivery charges. Courier delivery does not guarantee next day delivery. In the event of the parcel not being delivered next day, delivery charges will not be refunded. We accept no responsibility if your order is stopped by international customs. We are unable to dispatch dangerous goods such aerosols & flammables to international locations due to transport regulations.

Prescriptions.

Daynight Pharmacy charge a £5 administration fee to cancel prescription orders (applies to both human & pet prescriptions). This fee is charged when we do not receive the physical prescription after an order has been made online. By making a purchase of a prescription item you confirm you have a valid UK prescription, where this is not the case a fee is charged to cover administration costs.

Pricing & purchasing.

RRP is an abbreviation of Recommended Retail Price. RRP prices are displayed to highlight normal high street prices. We endeavor to manually check RRP prices periodically but cannot guarantee they are 100% accurate in all cases. Please ensure you have checked the sale and RRP prices for yourself before purchasing items from our website. The sale of products from this website are subject to availability. Your order for a product is an offer to purchase and Daynight Pharmacy retains the discretion to refuse your order. No contract of sale is deemed to have taken place until Daynight Pharmacy have dispatched your order.

WEE.

United Kingdom is under an obligation to minimise the disposal of Waste Electrical and Electronic Equipment (WEEE) in domestic waste and encourage recycling, recovery and environmentally sound disposal. Daynight Pharmacy is committed to promoting the reuse, recycling and recovery of WEEE by contributing to the appropriate compliance schemes. Certain electrical items can not be disposed of in domestic waste but disposed of through an approved WEEE take back scheme. For details of your local collection facilities, please contact your local authority or visit www.recycle-more.co.uk. As our contribution to helping the environment we offer a free take back scheme. If you wish to purchase an electrical item from us and would like us to dispose of your old item in an environmentally friendly way, please contact us. We can only offer this service when an old product has the same use as the new product being purchased. To use our service, please contact our customer services team.

Pet Medication Orders.

For pet medication orders, you confirm you will use all licensed products according to the manufacturers datasheets, you are not buying for resale and you are happy for us to contact you if necessary.

Online Doctor.

Online Doctor Services are provided in co-operation with independent GMC Registered Doctors. You agree to provide accurate and complete information when submitting a consultation questionnaire, disclosing all information truthfully. You agree that any prescribed treatments will be for your own personal use and you will not allow access to any other person. You agree that by submitting a consultation questionnaire you have consented to the independent GMC Registered Doctors prescribing the necessary treatment. For our laboratory testing services, you acknowledge that no tests can provide 100% accurate results and the treatment prescribed is not guaranteed to treat the condition.

  • In using this service you agree to provide us with truthful information in order that we may provide you with the most appropriate and accurate advice.
  • When receiving advice you acknowledge and agree that that advice is being provided in the context of the information you have provided. The GMC registered prescribing doctors who provide you with the advice are responsible for your care in relation to it and Daynight Pharmacy encourages you to notify your regular GP of the advice and any prescription received. The independent GMC Registered Doctors are regulated by the GMC and are bound by the General Medical Council Guidance entitled “Good Practice in Prescribing Medicines” Click Here to view. The sections which are especially relevant are paragraphs 39 to 43. If you suspect that any of the advice given or any medications prescribed have had an adverse effect or may not be appropriate then you agree that you will contact the prescribingdoctors immediately by email info@your247chemist.com
  • You agree that any medication prescribed will be for your own personal use and you will not share, sell or pass on your medication to any other person.
  • You agree that if you are uncertain as to how best to take your medication you will contact a Daynight Pharmacy pharmacist by email at info@your247chemist.com and await further instruction and consultation before taking the medication.
  • You agree that if you do suffer any ill-effects or suspect you have that you will facilitate and allow the independent GMC Registered Doctors to assist you or by referral to a doctor locally if possible.
  • You agree that Daynight Pharmacy has encouraged you to keep your GP informed of any diagnosisand/or treatment and that Daynight Pharmacy has offered to contact your doctor on your behalf on receipt of his or her contact details.
  • You agree that whilst modern diagnostic tests are highly accurate, no test is 100% accurate at all times and that there is a very small chance of error.
  • You agree that not all medications will effectively treat the condition for which they are prescribed on the first occasion and a follow up treatment course or courses of either the same medication or a substitute may be necessary. You may incur further costs in relation to this prescription.
  • You agree that whilst with the independent GMC Registered Doctors provides clinical advice and on-line consultations, you will not seek to contact the doctors directly as your Daynight Pharmacy records are held separately on a remote server and the doctors will not ordinarily have access to them during the course of their other duties. You agree that all contact with the independent GMC Registered Doctors who provide the service will be via the Daynight Pharmacy portal.
  • Both Daynight Pharmacy and the independent GMC Registered Doctors are registered with the Information Commissioner and uphold their duties imposed by the Data Protection Act 1998. Communications by post, telephone, email and SMS texting are vulnerable to loss or interference by others and neither Daynight Pharmacy or the independent GMC Registered Doctors will be held liable for any loss or damage of any sort resulting from loss of data sent via any of these mechanisms.
  • To the fullest extent permitted by applicable law, under no circumstances will Daynight Pharmacy or the independent GMC Registered Doctors be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being including, but not limited to, any embarrassment caused (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the Daynight Pharmacy or the independent GMC Registered Doctors service regardless of the form of action. Nothing in this clause is intended to exclude or limit Daynight Pharmacy or the independent GMC Registered Doctors liability for death or personal injury caused by its negligence or fraud.
  • Daynight Pharmacy reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the website and the entire Daynight Pharmacy Online Doctor service after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.

Errors.

Errors & omissions excepted.

BFPO Addresses.

Unfortunately we are unable to deliver to BFPO addresses due to delivery restrictions / compliance requirements.