PHARMASKIN

Please read these terms carefully before using our services or purchasing non-medical cosmetic products from us. These terms tell you who we are, how we will provide services and products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Part A of these terms relate to our provision of services to you.

Part B of these terms relate to our sale of non-medical cosmetic products to you.

PART A: TERMS OF SERVICE

PHARMASKIN Terms of service

These terms of service (referred to as the “Service Terms”) apply to your use of the PHARMASKIN services, and apply from when you request services from us. Please read these Terms of Service carefully.

If you have any questions about these Terms of Service or any aspect of the PHARMASKIN consultation service, please contact us by email at info@pharmaskin.co.uk.

We are Pharmaskincare Limited (under the trading name of Pharmaskin) of 82 A James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE. We are a limited company incorporated in England and Wales under company number 15357593. We provide medical consultation services, which may include recommendation of prescriptions for medical treatment based on the information you provide to us, and the supply of non-medical cosmetic products (referred to as the “Pharmaskin Consultation Services”).

Working together

We will provide you with the Pharmaskin Consultation Services to the best of our ability and in accordance with all applicable laws and regulations. You confirm that all information you provide to us is accurate, up-to-date, and complete to the best of your knowledge. This includes your medical history and any answers to questions we may ask you before and during any consultation. If you do not understand any question we ask you, please check with us to avoid providing an incorrect answer. You acknowledge that providing us with any incorrect information may negatively impact your health.

We store and use your medical information in accordance with our Privacy Policy. You must notify us immediately if any information you have provided to us changes. We do not assume any liability for issues arising as a result of incorrect, out-of-date, or incomplete information provided by you. You confirm that you are at least 18 years old, and are not aware of any reason why we cannot provide the Pharmaskin Consultation Services to you.

The Pharmaskin Consultation services

The consultation may be conducted via an online video call with one of our Pharmacist Independent Prescribers. During or before your scheduled consultation, we will ask you to answer a series of questions about your medical history and skin goals, and we will ask you to provide photographs. After you submit your information electronically, we ask you to attend an online video consultation with one of our Pharmacist Independent Prescribers. If you attend an online video consultation, we may ask you to provide us with further information electronically. Recording of consultations is not permitted.

We may recommend certain medicinal products for you to use (referred to as “Medicinal Products”). If we recommend Medicinal Products and you decide to proceed with treatment using such Medicinal Products, we may issue a prescription in relation to any recommended Medicinal Products and will provide additional consultation and liaison services in relation to your treatment (referred to as “Medicinal Product Services“). We may also supply non-medicinal cosmetic products for you to use (referred to as “Cosmetic Products”). Cosmetic Products and Medicinal Products are together referred to as “Products” in these Terms of Service.

You acknowledge that certain Medicinal Products that may be prescribed are unlicensed medicines.

You acknowledge that a consultation may not necessarily result in a recommendation for any particular Product, or any Product at all. We reserve the right to change your skin goals during or following a consultation if we deem it necessary in order to safely recommend and prescribe a given Product. 

We only provide Products and the Pharmaskin Consultation Services to persons in the UK. We do not provide the Pharmaskin Consultation Services to persons outside the UK, accept orders from outside the UK or deliver to addresses outside the UK.

You acknowledge that we may not be able to provide you with advice or recommendations, depending upon your location and the nature of any medical conditions that you present with. We will notify you promptly if that is the case, and will refund you for payments already made by you if any in relation to that consultation.

We may contact you from time to time to verify that the information we have on file about you is up-to-date, accurate, and complete, or to request additional information. You must respond to any such request within the time period specified. We reserve the right to suspend your Pharmaskin Consultation services and any deliveries of Products if you fail to respond to such requests.

You must only use the Pharmaskin Consultation Services and any Products for your own personal use, and not on behalf of anybody else, including friends, partners, or family members. You acknowledge that the recommendations we provide may be tailored to your specific circumstances and may negatively impact the health of anyone else.

You must not use our website or services for emergencies. In emergencies, you should consult your local doctor or the emergency department of your nearest hospital.

You must not use the Pharmaskin Consultation Services for any unlawful purpose. We will not be liable for any costs, damages or losses arising from any use by you of the Pharmaskin Services or any Products in breach of applicable laws and these Terms of Service.

Delivery of products

The Pharmaskin Consultation Services are for medical consultation services only. We do not sell, offer to sell or supply any medicinal product.

All Medicinal Products that you may choose to receive following our recommendations are fulfilled by one of the following:

• Galenic Laboratories Limited, Company number 11155161. Trading as Roseway Labs. Registered UK pharmacy numbers: 9011719 and 9012117. Address: Zetland House, 5-25 Scrutton Street, London, EC2A 2HJ
• Healthxchange Pharmacy UK Limited (General Pharmaceutical Council registration numbers 9011125, 1124133 and 1097264) of 1st Floor Sackville House, 143-149 Fenchurch Street, London EC3M 6BL registered in England with Company No. 01999872 and Pharma-e Limited of Albert House, South Esplanade, St Peter Port, Guernsey, GY1 1AJ registered in Guernsey with Company No. 36207 
•  Wigmore Medical Ltd registered in England and Wales with company number 03310740 (Pharmacy registration number 1041349) of 23 Wigmore Street, London W1U 1PL.
  

These will be referred to together as the “Pharmacy”. We will instruct the Pharmacy on your behalf to provide Medicinal Products if you consent to the Pharmacy fulfilling your Medicinal Products following our recommendations.

If you consent to the Pharmacy providing you with Medicinal Products, following receipt of payment of our fees, we will pay the Pharmacy on your behalf the amount which is payable by you for the Medicinal Products, and they will dispense the Medicinal Products to you directly. Your contractual relationship for the supply of Medicinal Products is directly with the Pharmacy, and you can see the relevant Pharmacy Terms of Service here:

• https://www.healthxchange.com/terms
• https://rosewaylabs.com/terms-conditions/
• https://www.wigmoremedical.com/termsofus
  

By requesting delivery of Medicinal Products, you confirm that you agree to the relevant Pharmacy Terms of Service.

Medicinal Products will only be despatched to you by the Pharmacy if the Pharmacy approves the prescription for the Medicinal Products that we have recommended. We will not pass your prescription or Medicinal Product order to the Pharmacy unless your payment has been successfully received for the applicable Pharmaskin Consultation Services.

The Pharmacy will not accept any order for Products unless it receives a valid prescription issued by a licensed prescriber based upon a personal consultation and examination.

All Cosmetic Products are supplied by Pharmaskincare Ltd (trading as Pharmaskin) in accordance with our Terms of Purchase.

You must review any guidance and instructions that accompany any Products before using them, including the Patient Information Document if applicable. You are responsible for use of the Products in accordance with instructions.

You must notify your GP and any other healthcare professional involved in treating you of your use of any Medicinal Products.

If you become pregnant or are attempting to become pregnant, during your receipt of the Pharmaskin Consultation Services, you must notify us at the earliest opportunity at info@pharmaskin.co.uk

If (1) you experience any side effects from your use of any Products, (2) you start a new medication, or (3) your medical circumstances change at all in any way, you must contact us at info@pharmaskin.co.uk

Stopping the Pharmaskin Consultation services

You can stop receiving the Pharmaskin Consultation Services at any time by notifying us at info@pharmaskin.co.uk

We may request a new consultation with you at any time in order to ensure that we are providing you with the most appropriate advice and recommendations. If you do not participate in a new consultation when requested, we may suspend your Pharmaskin Consultation Services and any deliveries of Products. We may also choose to supply you with Cosmetic Products if we do not have complete medical information from you. In the event that we choose to supply you with Cosmetic Products, you acknowledge that such products are not medical in nature, and have not been chosen on the basis of any medical information that you provide to us.

We may also suspend your Pharmaskin Consultation Services and any deliveries of Products if:

• We cannot authorise any payment for any reason;
• Your payment details or contact details are out of date or have expired;
• You have failed to comply with these Terms of Service in any way;
• The requested Product(s) are unavailable or out of stock;
• In our professional opinion, the recommended Product(s) are no longer appropriate;
• There has been a mistake on the pricing or the description of the Pharmaskin Consultation Services.

We operate a ‘Fair Usage Policy’ which means we reserve the right to refuse to provide the Pharmaskin Consultation Services to anyone who, at our discretion, does not use the Pharmaskin Consultation Services ‘fairly’. Unfair use of the Services may include but shall not be limited to the following:

• What we deem to be excessive use the Pharmaskin Consultation Services; 
• Persistent rescheduling of appointments;
• Exhibiting offensive, aggressive or inappropriate behaviour or using offensive or inappropriate language to our staff.

Our liability

Nothing in these Terms of Service shall operate to exclude or limit our liability (if any) for:

• death or personal injury caused by our negligence;
• fraud;
• fraudulent misrepresentation; or
• any matter which it would be illegal for us to exclude or attempt to exclude our liability.

The Pharmaskin Consultation Services and any Products are provided on an “as is” and “as available” basis. We make no representation or warranty, express or implied regarding the Pharmaskin Consultation Services or any Products, or any information or advice given to you. To the maximum extent permitted by law, we disclaim all such representations or warranties.

We do our best to ensure that the information and recommendations provided to you are accurate and up-to-date but cannot guarantee that this will always be the case.

We are only liable to you for losses which you suffer as a direct result of our breach of these Terms of Service and which are reasonably foreseeable. Unless otherwise required by applicable law, our liability to you for any claim arising from the subject matter of these Terms of Service and the use of any Products shall be limited to the amounts paid to us by you in the 12 months preceding the date of any claim.

Payments

If we recommend Medicinal Products and you decide to proceed with treatment using such Medicinal Products, we will charge a fee for the applicable Medicinal Product Services, which includes the amount payable to the Pharmacy for the Medicinal Products. We will pay the Pharmacy this amount on your behalf.

All prices we state include all applicable taxes, where appropriate. We take all reasonable care to ensure that the prices advertised are correct.

You confirm that the payment method being used belongs to you or is being used with appropriate authorisation from the owner.

All payments are subject to the approval of the issuer, and we will not be responsible if the payment fails verification or if the issuer refuses to accept or honour the payment for any reason. We may also report any suspicious transactions to the relevant authorities. We may decline to accept or take any payment without giving any reason. Please note that it can take two to three days (excluding weekends and bank holidays) to process your payment. Issues with your chosen payment method may result in delays to delivery of Products.

The payments you make for the Pharmaskin Consultation Services may include the fee for our consultation and recommendation services. The services may not necessarily result in a recommendation or prescription. If you have consented to the Pharmacy providing you with Medicinal Products, your payment includes the amount payable to the Pharmacy for the Medicinal Products. We will pay the Pharmacy this amount on your behalf.

We reserve the right to increase the price of our products and services. 

Complaints

We endeavour to treat all of our clients appropriately, compassionately and fairly. If however, you have an issue with any matter in relation to your treatment at Pharmaskin Consultation Services you are entitled to lodge a complaint, either in person, by telephone or in writing. If you require assistance with making your complaint, we will be pleased to help and support you through the process.

The member of staff who initially receives the complaint will convey the details to the  Director. Where this cannot be resolved immediately, you will receive an email within three working days to confirm that an investigation into the matter is underway and that a response will be made as soon as possible.

If your complaint is treatment related the matter will be discussed with the relevant practitioner and may require you to attend an additional consultation with that practitioner. The objective of this is to provide an explanation or a solution to your concerns. We aim to furnish you with a full written response within 20 working days or where this is not possible, an explanation as to the cause of the delay.

Other terms

We may make changes to these Terms of Service from time to time.

You may not assign any of your rights or obligations under these Terms of Service to any third party. You understand that we may assign or license our rights and obligations under these Terms of Service to any third party at our sole discretion.

No delay in enforcing any right arising under these Terms of Service shall be construed as a waiver of such right.

If a court finds part of these Terms of Service illegal, the rest will continue in force. Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

These Terms of Service and any disputes arising under them shall be governed by English law, and subject to the exclusive jurisdiction of the courts of England.

PART B: TERMS OF PURCHASE

Pharmaskin Terms of purchase

These terms of purchase (referred to as the “Terms of Purchase”) apply to your individual purchases of non-medical cosmetic products from Pharmaskin. Please read these Terms of Purchase carefully.

If you have any questions about these Terms of Purchase or any aspect of the Cosmetic Products, please contact us by email at info@pharmaskin.co.uk

We are Pharmaskincare Limited (under the trading name of Pharmaskin) of 82 A James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE. We are a limited company incorporated in England and Wales under company number 15357593. We supply non-medical cosmetic products (referred to as the “Cosmetic Products”).

Order for Cosmetic Products

The description of the Cosmetic Products will be as shown on our website at the time you place your order.

Cosmetic Products are subject to availability. If, for any reason beyond our reasonable control, we are unable to supply a particular item, we will inform you as soon as possible, and refund you for any amounts that you have already paid.

We only provide goods and services to persons in the UK. We do not accept orders from outside the UK or deliver to addresses outside the UK.

Our acceptance of your order of Cosmetic Products will take place when we email you to accept it, at which point a contract for supply of the Cosmetic Products will come into existence between you and us. The Cosmetic Products which we deliver to you will be your responsibility from the time we deliver the product to the address you gave us. You own the Cosmetic Products once we have accepted your order and received payment in full.

Delivery

We will deliver the products that are the subject of your order as soon as reasonably possible in line with our Delivery Policy.

If our supply of the Cosmetic Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

If no one is available at your address to take delivery, our delivery company will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. After a failed delivery to you and you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

We may need certain information from you so that we can supply the products to you. If we require additional information, we will contact you to ask for this information. We will not be responsible for liability arising out of supplying the Cosmetic Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We will also not be responsible for liability arising as a result of any incorrect or misleading information you have given us.

Prices and Payment

All prices we state include all applicable taxes, where appropriate. We take all reasonable care to ensure that the prices advertised are correct.

If, by mistake, we have mis-priced an item, we will not be liable to supply that item to you at the stated price. In the event of an error with any order, we will contact you as soon as possible and allow you to cancel your order. If you cancel the order, we will refund you any amounts already paid.

You may be required to pay a delivery charge as stated on our website.

We reserve the right to increase the price of our products and services.

You confirm that the payment method being used belongs to you or is being used with appropriate authorisation from the owner.

All payments are subject to the approval of the issuer, and we will not be responsible if the payment fails verification or if the issuer refuses to accept or honour the payment for any reason. We may also report any suspicious transactions to the relevant authorities. We may decline to accept or take any payment without giving any reason. Please note that it can take two to three days (excluding weekends and bank holidays) to process your payment. Issues with your chosen payment method may result in delays to delivery of Cosmetic Products.

Cancellation rights

If you are a consumer, you have the right to cancel the contract at any time up to the end of fourteen days after you receive the Cosmetic Products.

To exercise your right of cancellation, you must give notice to us via email to info@pharmaskin.co.uk

If you exercise your right of cancellation after the Cosmetic Products have been delivered to you, you will be responsible for returning them to us promptly and in any event within 30 days after the day in which you let us know that you wish to cancel the order. The Cosmetic Products must be returned to the address provided to you by our staff. You must take reasonable care to ensure that the Cosmetic Products are not damaged in the meantime or in transit.

You are not able to cancel a contract where sealed goods have become unsealed after they have been delivered to you and are not suitable for return due to health protection or hygiene reasons.

If you cancel a contract in accordance with your statutory rights, we will refund the price you paid for the Cosmetic Products, and refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery option available.

Refunds will be processed via the same method used by you to purchase the Cosmetic Products.

If you return a product because it is defective or we have delivered it to you in error we will refund the price in full, together with any applicable delivery charges. You will otherwise be responsible for the costs of returning the products to us.

Our liability

Nothing in these Terms of Purchase shall operate to exclude or limit our liability (if any) for:

• death or personal injury caused by our negligence;
• fraud;
• fraudulent misrepresentation; or
• any matter which it would be illegal for us to exclude or attempt to exclude our liability.

The Cosmetic Products are provided on an “as is” and “as available” basis, and are only suitable for use as non-medical cosmetic products. We make no representation or warranty, express or implied, regarding the Cosmetic Products, or any information or advice given to you. To the maximum extent permitted by law, we disclaim all such representations or warranties.

We are only liable to you for losses which you suffer as a direct result of our breach of these Terms of Purchase and which are reasonably foreseeable. Unless otherwise required by applicable law, our liability to you for any claim arising from the subject matter of these Terms of Purchase and the use of any Cosmetic Products shall be limited to the amounts paid to us by you in relation to the Cosmetic Products in question.

Other terms

We may make changes to these Terms of Purchase from time to time.

You may not assign any of your rights or obligations under these Terms of Purchase to any third party. You understand that we may assign or license our rights and obligations under these Terms of Purchase to any third party at our sole discretion.

No delay in enforcing any right arising under these Terms of Purchase shall be construed as a waiver of such right.

If a court finds part of these Terms of Purchase illegal, the rest will continue in force. Each of the paragraphs of these Terms of Purchase operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

These Terms of Purchase and any disputes arising under them shall be governed by English law, and subject to the exclusive jurisdiction of the courts of England.