SCHEDULE 3 – ADDITIONAL TERMS AND CONDITIONS FOR THE PLACING OF PURCHASE INSTRUCTIONS THROUGH THE ONLINE SHOP
1.1 For the avoidance of doubt, any reference to ‘Product’ in this Schedule shall refer to products that are not prescription items or pathology tests as described in Schedules 4 or 5, and which are ordered via the Online Shop feature within the App.
1.2 The images of the Products on our App are for illustrative purposes only. Although we have made reasonable efforts to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
1.3 The packaging of the Products may vary from that shown on images on our site.
1.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will refund your payment promptly.
2. CONSUMER RIGHTS
2.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old, or if you are between the ages of 16 and 18 using a credit card belonging to a parent, legal guardian or other adult with their express permission.
2.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available in the United Kingdom from your local Citizens' Advice Bureau or Trading Standards office or in the Republic of Ireland from your local Citizens' Information Centre. Nothing in these Terms will affect these statutory rights.
2.3 Products are supplied to you via a third party supplier. We do not receive any fee, commission or other remuneration for placing an order on your behalf for these Products following receipt from you of a purchase instruction. By purchasing these Products no contract of sale, retail or other commercial arrangement is created between you and us. When purchasing such Products we act solely as your agent on your behalf to place the order with the third party supplier, who will then deliver the Product/s direct to you and under their own terms and conditions of supply. Any legal rights as set out in paragraph 2.2 of this Schedule shall apply in respect of the third party supplier only so far as they relate to a contract for the sale of goods.
2.4 We shall not be held liable for any Product purchased via a third party supplier and you shall indemnify and hold us harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, you as a result of or in connection with purchase of any Product via a third party supplier.
2.5 Where any dispute or any other claim arises in respect of any purchase of Product via a third party supplier and any expense or other relevant cost is incurred by us in respect of such dispute or claim you shall indemnify and reimburse us in full for any such expense or cost.
3. PLACING A PURCHASE INSTRUCTION WITH US
3.1 After you place a purchase instruction, you will receive a confirmation from us acknowledging that we have received your instruction. However, please note that this does not mean that your instruction or an “order” has been accepted. We will in turn, on your behalf and acting as your agent, place in your name an order for the Product requested through a third party supplier. When placing an order for a product through a third party supplier you authorise us to accept the terms of conditions of the third party supplier on your behalf. You will then in turn receive (either directly from the third party supplier, or via the Company acting as your agent) an acceptance in writing from the third party supplier if that order is accepted which will form the basis of the contract between you and the third party supplier in relation to the supply of the relevant Products. (Please note that no contract in respect of delivery or sale of the relevant Products is concluded between you and us. We act on your behalf as a conduit to place with third party suppliers the order you made through our App).
3.2 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our App, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
3.3 In general and unless otherwise agreed, we will take payment from you by credit or debit card at the time you place a purchase instruction and we will then make the relevant payment on your behalf to the third party supplier. If any refund becomes due from the third party supplier then that refund may therefore be made to us in which case we will use all reasonable endeavours to refund that money promptly to you following receipt by us.
4. Republic Of Ireland
You cannot place orders for Products through the Online Shop from the Republic of Ireland.