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Terms and Conditions

Terms & Conditions

This page (together with our Privacy & Cookies Policy) provides information about us and the legal terms and conditions (“Terms”) on which we supply Tenovir EM, Ricovir EM and Teno EM (‘’PrEP’’) to UK customers from our website, www.preperly.com, (“Our Site”) to you.

Before placing an order for PrEP (‘’Order’’) from Our Site you will be asked to agree to these Terms. You must read the Terms carefully and make sure you understand them. Failure to accept these Terms will prevent you from ordering PrEP from Our Site.

  1. Information about us
    1. We are Preperly, with our registered office at 85 Great Portland Street, London, W1W 7LT (the“Company“, “we” or ” us“). We are responsible for operating our site.
    2. We work with selected third party suppliers (” Associates“), who are responsible for providing PrEP through our site.
  2. Contacting us
    1. The easiest way to contact us is through our contact form or by email – info@preperly.com
    2. Where reference is made in these Terms to communication being made in writing, this shall be taken to include communication made by us or any Associate by way of onscreen message, notification, prompt field or other communication or information provided to you via our site or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.
  1. Communication and security
    1. By accepting these Terms, you are communicating with us electronically and, in doing so, you are deemed to consent to receiving communications from us or our Associates electronically. Electronic communications include, but are not limited, to emails, notifications, alerts, prompts, disclosures and information fields or other information provided via our site. You agree that any electronic communication made to you by us is sufficient to satisfy any legal requirement that such communication be made to you in writing.
    2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.
    4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via contact form or email.
  1. How we use your personal information
    1. The use of your personal information is subject to our Privacy and Cookies Policy. Please ensure that you have read and understood our Privacy and Cookies Policy before placing your Order.
    2. We will not use any of your personal information for any purpose other than those contained within our Privacy and Cookies Policy and as set out below.
    3. We will use the personal information you provide to us in order to:
      1. facilitate payments and refunds for PrEP;
      2. comply with requests made by regulatory bodies and/or as otherwise required by law; and/or
      3. for the prevention of fraud and/or other relevant criminal offences.
  1. We may make changes to these Terms or our site
    1. We may amend these Terms from time to time.
    2. Every time you wish to use our site, please check these Terms to ensure you understand the terms and conditions that apply at that time.
    3. We may revise these Terms as they apply to your Order from time to time to reflect the following circumstances:
      1. changes in relevant laws and regulatory requirements; or
      2. where we, in our absolute discretion, deem it necessary or desirable.
    1. Notwithstanding clause 5.1, if we revise these Terms as they apply to your Order, we will endeavour (but without obligation) to contact you to advise you of the changes.
    2. We may also update and change our site from time to time to reflect changes to PrEP, our users’ needs and our business priorities.
  1. Linking
    1. Links to third party websites on our site are provided solely for your convenience. If you use these links, you leave our site. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our site, you do so entirely at your own risk.
    2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    3. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    4. You must not establish a link to our site in any website that is not owned by you.
    5. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
    6. We reserve the right to withdraw linking permission without notice.
    7. If you wish to link to or make any use of content on our site other than that set out above, please contact us.
  1. Cancellation by you
    1. You can cancel an Order with immediate effect at any time by giving us written notice if:
      1. we breach these Terms in a material way and we have failed to remedy the breach not less than 14 days from the day upon which you notified us in writing of that breach;
      2. our performance under these Terms is affected by an “Event Outside Our Control” under clause 18; or
      3. we enter liquidation or upon the appointment of a receiver or administrator over our assets.
  1. If after placing your Order you change your mind then you can cancel the Order for a full refund so long as the PrEP has not been dispatched. Once the PrEP has been dispatched it is deemed to have left the pharmaceutical supply network and it cannot be used for another patient. You must give written notice as soon as possible.
  1. Cancellation by us
    1. We may from time to time have to cancel an Order before the provision of PrEP has commenced, due to any one of the following:
      1. an Event Outside Our Control, as defined in clause 18; or
      2. the unavailability of any Associate, without which we are unable to provide the PrEP.
    2. In the event that PrEP becomes unavailable pursuant to clause 8.1, we will notify you as soon as is reasonably practicable in writing.
    3. If we cancel an Order pursuant to clause 8.1 and you have paid in advance but the PrEP has not yet been provided to you, we will provide you with a full refund.
    4. We may cancel your Order at any time with immediate effect by giving you written notice if:
      1. you do not pay us when you are required to; or
      2. you are otherwise in breach of these Terms and you do not remedy your breach within 7 days of us asking you to in writing, or sooner if reasonably required.
    1. From time to time, we will request certain information from you which may be confidential and/or covered by data protection legislation, for example, details of any medical conditions. If you do not provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the provision of PrEP by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us and we will not be obliged to provide you with any refund in such circumstances.
  1. Returns
  2. Our policy does not allow for any opened and unsealed medication to be returned and we are not authorised to re-sell opened and unsealed medication. However, we will offer a full refund or exchange of goods if the PrEP is:
  3. not as described;
  4. not fit for purpose; or
  5. damaged or faulty
  6. You should notify us within two working days of receipt, explaining the nature of the problem. Your complaint may be by way contact form or e-mail. We will offer to replace the damaged item or issue a full refund immediately on receipt of the returned goods in these circumstances.
  1. Refunds – limitations

You will not be entitled to a refund arising from the unavailability of any Associate where our site is functioning and an alternative Associate is available.

  1. Unacceptable Use
    1. We reserve the right to deny you access to our site, or terminate the provision of Products and/or Services, including removal of your account and information, immediately upon notice, where we determine that you have been abusive or have behaved in an inappropriate manner towards any Associate or any employee or agent of the Company, including:
      1. using foul language, threatening, inappropriate, abusive, offensive behaviour or remarks;
      2. engaging in any behaviour believed to be time-wasting; or
      3. using the Services excessively, as determined in our reasonable opinion.
  2. We may suspend or withdraw our site
    1. Our site is made available to you free of charge.
    2. We do not guarantee that our site or any material on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, including those of our Associates, and that they comply with them.
  1. Delivery of PrEP
    1. PrEP will be delivered directly to an address of your choosing. We will inform you of delivery costs at the time of your Order and the expected date and time for delivery.
    2. Delivery will be charged at the price stated on our site at the time of order processing.
  1. Display and availability of PrEP
    1. Although we make reasonable efforts to update the information on our site, including descriptions of PrEP, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
    2. The images of PrEP on our site are for illustrative purposes only.
    3. The packaging of PrEP may vary from time to time to that shown on images on our site.
    4. All PrEP shown on our site remain at all times subject to availability. If the PrEP you have ordered is unavailable, we will notify you as soon as possible of an estimated time of arrival of new stock.
  1. Price of PrEP
    1. The price of PrEP will be as quoted on our site at the time you submit your Order. We take all reasonable care to ensure that the price of PrEP is correct at the time when the relevant information was entered onto our site.
    2. The price of PrEP may change from time to time but changes will not affect any Order you have placed prior to the change.
    3. The price of PrEP includes delivery charges when you place your order. Should your package be subject to random and unavoidable customs duty charges, these have to be paid by you as the recipient of the package. PrEPerly cannot be held responsible for such charges which remain beyond our control.
  1. Making payment
    1. Payment for PrEP and delivery charges will be pre-authorised at checkout.
    2. Payment for PrEP can be made by debit or credit card.
    3. You are responsible for providing valid debit or credit card details. We reserve the right to not provide PrEP to you if your payment details have expired or are invalid. In such cases, we will attempt to contact you to enable you to provide updated information.
    4. Payments are provided on a ‘continuous authority’ basis, allowing for further payments or refunds to your payment card if necessary.
    5. To ensure that your debit or credit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered credit reference agency, which may keep a record of that information. This is done only to confirm your identity. A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with current and applicable data protection legislation.
  1. Our liability to you
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors or Associates and for fraud or fraudulent misrepresentation.
    2. We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with your Order.
    3. Subject to clause 17.1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the sale of the PreP shall be limited to the amount paid by you in respect of such sale.
    4. We will take all appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and our obligations under law as a data controller, we shall not be responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise.
    5. We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that our site or any notification sent by us to you will be free of viruses or other harmful components.
    6. We only supply PrEP for domestic and private use. You agree not to use the PrEP for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use the PrEP otherwise than in accordance with these Terms.
    7. We are not liable for any loss or damage, which results from your failure to follow advice given on our site.
    8. You accept that the advice provided through our site does not replace the advice provided to you by your GP and that you should consult with your GP and other healthcare professionals on the PrEP supplied through our site.
  1. Events Outside Our Control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an “Event Outside Our Control”, as defined in clause 18.2.
    2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    3. If an Event Outside Our Control takes place that substantially affects the performance of our obligations under these Terms:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the supply of Products to you, we will arrange a new collection or delivery date with you after the Event Outside Our Control has expired.
    1. You may cancel an Order if an Event Outside Our Control, persists for a period of not less than 7 days. To cancel your Order, you must notify us in writing, subject to clause 2.
    2. We may cancel an Order if an Event Outside Our Control persists for a period of not less than 28 days.
  1. Your obligations
    1. Important: If you provide false or misleading information at any time when using our site, then you acknowledge that it is possible that the provision of PrEP could have severe or even potentially life threatening consequences. By using our site and consenting to these terms, you agree not to provide false, inaccurate or misleading information at any time. To do so would be a breach of these terms.
    2. By accepting these Terms, you agree that:
      1. all information you provide to us will be a fair and accurate reflection and will not omit anything of material importance;
      2. should you become aware that any information relating to your medical records, tests or prescriptions is inaccurate or incomplete, you shall bring it to our attention promptly;
      3. you will ensure that you comply wherever possible with all instructions within the patient information;
      4. if, through your use of Our Site, you have any doubts, or concerns relating to any information, or relating to your health, or any conditions, you will seek further independent medical opinion as soon as is reasonably practicable from your GP.
      5. you will not register or attempt to register on behalf of any other person for access to our site nor will you provide information or represent yourself to be any other person; and
      6. you will not register or attempt to register with our site more than once.
  1. Age Restrictions

In order to use Our Site and establish a customer account, all users must be of the age of 18 or over and have the legal capacity to make decisions about his or her own healthcare.

  1. International Use
    1. Our site may be accessed from outside of the United Kingdom. However, our site must not be used under any circumstances where the law of any other jurisdiction would govern the use of our site.
    2. We cannot guarantee that any materials on our site are suitable for use in all locations outside the United Kingdom, nor will we guarantee that the use of such materials will be compliant with the governing laws in those locations outside of the jurisdiction of England.
    3. Accessing our site from territories where its contents are illegal or unlawful is prohibited under these Terms. We accept no responsibility whatsoever and however incurred for any even arising from your use of our site from locations outside the United Kingdom.
  2. Disputes
  1. If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure and the mediation will start, unless otherwise agreed by the parties, within 28 days of one party issuing a request to mediate to the other. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
  2. The mediation will take place in England and the language of the mediation will be English. The Mediation Agreement referred to in the Model Procedure shall be governed by, and construed and take effect in accordance with the substantive law of England and Wales.
  3. If the dispute is not settled by mediation within 14 days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be referred to and finally resolved by arbitration. CEDR shall be the appointing body and administer the arbitration.
  4. CEDR shall apply the UNCITRAL rules in force at the time arbitration is initiated. In any arbitration commenced pursuant to this clause, the number of arbitrators shall be 2 and the seat or legal place of arbitration shall be London, England.
  1. Other important terms
    1. Each clause of these Terms operates separately. If any court or relevant authority decides that any clause or sub-clause is unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.
    2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    3. These Terms are governed by the laws of England and Wales. This means that any dispute or claim arising out of or in connection with these Terms will be governed by English law. By accepting these Terms, you irrevocably agree that the courts of England and Wales will have exclusive jurisdiction.
  2. Your Consumer Rights
    1. Consumers have legal rights in relation to products that are faulty or, subject to clause 14, not as described. You can obtain advice about your legal rights from your local Citizens’ Advice Bureau or Trading Standards Office. These Terms do not affect your statutory rights.
  1. You acknowledge and agree that by purchasing PrEP through our site, no contract of sale, retail or other commercial arrangement is created between you and us. Our relationship with you when purchasing such Products and Services is as a facilitator for the purpose of you placing your Order with the Associate.
  2. The Associate, who will provide the PrEP direct to you, will do so under its own terms and conditions of supply.
  3. We will not be held liable for any PrEP that you purchase from an Associate.
  4. When placing an order for PrEP through our site, you will receive written confirmation of your Order from us. This confirmation, however, will be subject to acceptance of the Order by the applicable Associate.
  5. Your contract with the Associate will subsist at the time when your Order has been placed with the Associate by us acting as agent and such Order has been duly accepted by the Associate. The basis of your contract with the Associate will be governed by the Associate’s own terms and conditions.

 

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