Last Updated: 15/10/2024

Introduction

1.1. These Terms of Sale (“Terms”) govern the sale of products, including prescription-only products through the Happen Website.

1.2. By purchasing products from the Happen Website, you agree to these Terms and abide by them.

1.3. Please review these Terms carefully before placing an order. They contain essential information about our services, including who we are, how we operate, and how to address any issues.

1.4. If you do not agree to these Terms, please refrain from purchasing products on the Happen Website.

About Us

2.1. The Family Health Group Ltd (“The Family Health Group,” “we,” “us,” or “our”) owns and operates this Website. We are a company registered in England and Wales under company number 14982976. Our registered office address is St Peters House, Suite 2, Silverwell Street, Bolton, England, BL1 1PP.

2.2. You can contact us at [email protected].

2.3. Our pharmacy’s registered address is St Peters House, Suite 2, Silverwell Street, Bolton, England, BL1 1PP. We are registered with the General Pharmaceutical Council (“GPhC”) under number 9012230.

2.4. We sell prescription-only products (medicines) and over-the-counter products (together known in these terms of sale known as products).

2.5. Our clinicians are registered with the General Pharmaceutical Council in the United Kingdom and hold accredited independent prescriber qualifications. They are trained to conduct remote consultations and prescribe medicine online. Each clinician is individually responsible for the prescriptions they issue.

2.6. We will contact you via phone, email, or post using the contact details provided with your order.

Privacy and Personal Information

3.1. When you place an order, you provide personal information. We use this information to review your medical details (e.g., age, weight, medical history), facilitate product delivery, process payments, and provide relevant product information. You can opt out of receiving marketing communications at any time.

3.2. Our Privacy Policy outlines how we process personal data. By purchasing from our Website, you consent to this processing and warrant that all provided data is accurate.

3.3. As part of our consultation and prescription service, you may be required to provide a copy of your passport, driver’s license, birth certificate, or residence permit. These documents are securely stored by The Family Health Group and are used for both ID and address verification purposes. They are only required if verification by our trusted partner is unsuccessful.

Orders and Online Consultation Process

4.1. You must be 18 years old or over to place an order for a product. By placing an order, you are confirming that you are in this age range, and legally capable of entering a contract.

4.1.2 Upon placing an order, we will confirm its receipt. Your order is an offer to us to purchase a product and will not be binding on us until we have accepted it. Our acceptance of your order will take place when we notify you, we have accepted it.

Prescription-only Medication:

4.2. Prescription-only medicine plans are provided on a subscription basis. If a treatment is deemed clinically appropriate, our clinicians will review and determine whether to approve your recommended treatment plan. Upon acceptance, we will confirm the issuance of your prescription, and the contract will be established.

4.3. Prescriptions are securely sent to the pharmacy for dispensing and dispatch. If further information is required, you will be notified, and the order will not proceed until necessary details are provided. You have 7 days to provide the requested information before your order will be cancelled.

4.4. Treatment plans provided on the Website are indicative, and the final prescription is subject to clinical assessment. Discontinuation of a medicinal product may occur if it becomes clinically unsuitable.

4.5. Sometimes we reject or cancel orders. This may be because the product is out of stock, there is a problem with the authorisation of your method of payment, because you are outside our delivery areas (Mainland Great Britain) or because we have identified an error in the price or description of the product.

4.6. For prescription-only products this might be because prescriber has confirmed that you are not suitable for the product. We will always try to pick up any of these prior to accepting your order but this is not always possible, and sometimes we may need to cancel your order. If this happens, we will inform you as soon as possible.

4.7 Prescription-only products are issued to you only. They are dispensed to you for your own personal use, to treat a specific condition applicable to you alone, and should not be shared with or used by any other person. We do not dispense prescription products to anyone on your behalf.

Non-prescription product:

4.8. Non-prescription product orders will be confirmed without an online consultation, and payment will be processed upon order placement.

4.9. We reserve the right to decline orders due to clinical appropriateness, stock availability, resource limitations, pricing errors, or inability to meet specified delivery deadlines.

4.10. Refunds for declined orders may take up to 10 working days to be processed.

4.11. Products are delivered within the UK only. We are not liable for onward transport by customers or third parties.

Subscription (Prescription Only Medicines)

5.1. Prescription-only medicines can be sold on a subscription basis for a minimum 12-month supply, subject to clinical assessment. Subscription payments will be collected up to 7 days before the next dose is dispatched to ensure continuity of your subscription. This ensures there is no disruption in the delivery of your medications.

5.2. Subscribers will receive renewal notices before expiration, with options to renew or cancel. These communications are typically sent one month before subscription expiry.

5.3. Subscribers can cancel at any time, and we reserve the right to cancel subscriptions to customers. You may cancel your subscription for weight loss treatments at any time by notifying us through our customer service channels. However, if payment has already been processed and the medication has been allocated for your treatment, the item will be dispatched, and you will be liable for the payment of that specific treatment. We are unable to provide a refund for the treatment, however your subscription will be cancelled moving forward, and no further payments will be taken. All subsequent shipments will be stopped, and no further charges will apply. It is your responsibility to cancel your subscription before your next payment date to avoid any further treatments being dispatched.

5.4. Upon cancellation, no further charges will be made, and no additional medication will be dispatched (subject to clause 5.3).

5.6. When you place an order for our subscription-based services or products, we will authorise a tokenized payment of £0 at the time of your order. This tokenization process allows us to securely store your payment details without processing any charges until your order is confirmed by our clinician. Once the clinician has approved your order, the full payment will be processed using the stored payment token.

5.7. If your prescription is approved and you are enrolled in a subscription for prescription-only products, your payment will be processed on a recurring monthly basis. The first full payment will be processed when your order is confirmed, and subsequent payments will be charged approximately one month after the initial payment, around the same date each month.

5.8 Upon approval of an order, it is your responsibility to ensure that sufficient funds are available in your account to cover the product’s total cost. By agreeing to these terms, you acknowledge that we will not be liable for any fees, charges, or penalties incurred by yourself due to insufficient funds in the account at the time of payment processing. The responsible for any associated charges that may arise from a failed or delayed payment due to a lack of available funds will be your liability.

5.9. Subscription payments will be collected up to 7 days before the next dose is dispatched to ensure continuity of your subscription. This ensures there is no disruption in the delivery of your medications.

Our Service

6.1. Product images on our website are for illustrative purposes, and actual products may vary slightly.

6.2. All products are subject to availability. We may withdraw products at any time. If this affects you, we will let you know and give you the alternative of another product (where available), or provide a full refund of any advanced payments for products which will not be provided

6.3. Before use, carefully read accompanying product information, including patient dispensing labels and leaflets, and use the product as directed.

6.4. Discontinue use and seek advice if significant side effects occur.

6.5. Some medications may be de-blistered and repackaged for convenience, with adherence to expiration dates required.

6.6. Specially formulated treatments are classified as unlicensed specials, manufactured to EU standards by licensed manufacturers.

Your Rights to Make Changes

7.1. Contact us for order modifications. Changes may affect price, delivery timing, or other aspects, subject to your approval.

How We Will Provide the Service

8.1. Delivery of the products will be to the address provided by you when you placed your order. It is your responsibility to ensure that you have provided the correct delivery address.

8.2. We aim to deliver your deliver your products within 72 hours from the point at which your products have been approved, subject to the time of day and any events outside of our control. Orders placed after 6pm Thursday and over the weekend will be treated as placed on a Monday. Orders placed on a Bank holiday or other public holiday will be treated as placed on the next working day. Delivery to remote locations may take longer.

8.3. We cannot guarantee the exact time of delivery. A one-hour time slot will be provided by our delivery partner DPD. You can find the delivery details by using the tracking number provided in your confirmation of dispatch email.

8.4. DPD will provide a pin code for you to accept delivery from the driver. It is your responsibility to ensure this is available when accepting the parcel. Your parcel will not be left in a safe place should you not be available. If delivery is unsuccessful, further attempts will be made where possible.

8.5. Products may need a photo taken at the point of delivery as proof of delivery. Please follow any delivery instructions given to you by our delivery partner.

8.6. If delivery fails due to recipient unavailability, the courier may attempt re-delivery or leave a note for collection.

8.7. Failure to collect or rearrange delivery may result in contract termination.

8.8. Where delivery has failed and the medication has been returned to us for secure disposal, no refunds will be provided. By continuing with a purchase, you acknowledge that once the medication has been dispatched, it cannot be reused or resold, and therefore refunds are not applicable under these circumstances.

8.9. Products become your responsibility upon delivery or collection, with ownership transferred upon full payment.

Suspending the Contract

9.1. We may suspend supply to address technical issues or comply with regulatory requirements.

9.2. We’ll notify you of any suspensions lasting more than 30 days, offering refunds for advance payments.

9.3. Failure to pay outstanding amounts may result in product supply suspension until payment is received.

Changing the Contract

10.1. We may propose changes to subscription terms, providing notice and offering cancellation options.

Your Rights to End the Contract

11.1. Your rights to terminate depend on the circumstances:

11.2. If you’re dissatisfied with our service, see paragraph 9.2.

11.3. If you change your mind, see paragraph 9.3. Note: For safety, prescription medicine returns aren’t accepted.

11.4. Faulty or misrepresented products entitle you to remedies under paragraph 12.

11.5. Cancelling orders is detailed in paragraph 5.3.

11.6. Termination due to our actions results in immediate contract termination if:

11.7. You disagree with Supply Term changes.

11.8. There’s a price or product description error.

11.9. We anticipate significant delays.

11.10. Product supply suspensions exceed 30 days for technical reasons.

11.11. You have legal grounds for contract termination.

Have you changed your mind?

12.1. If you’re dissatisfied, notify us promptly.

12.2. Prescription Medicines: Safety regulations prohibit medicine returns. Unused medicines should be disposed of at a local pharmacy.

12.3 For non-medicinal products, you have 14 days to return items from delivery, except for sealed items unsuitable for return due to hygiene reasons unless faulty or incorrectly delivered.

How to End the Contract with Us (Including if you have changed your mind)

13.1. Notify us via email at [email protected] to terminate the contract.

13.2. For terminated contracts after dispatch or receipt, return or arrange collection by emailing [email protected] for a return label and instructions for non-prescription products only.

13.3. Non-medicinal product returns due to changed minds must be initiated within 14 days of contract termination notification.

Costs

14.1. We cover return costs for:

14.2. Faulty or misrepresented products.

14.3. For other cases, including changed minds, return or collection costs are borne by the customer, equalling standard delivery charges.

Refunds

15.1. Medications once dispensed cannot be returned for resale; thus, refunds aren’t available for these products. For non-medicinal items, refunds, including delivery costs, will be issued via the original payment method. Deductions may apply, as detailed below.

Our Rights to End the Contract

16.1. We reserve the right to terminate the contract if:

16.2. Payment is overdue and remains unpaid 10 days after reminder.

16.3. Delivery is refused or unreasonably delayed.

If There is a Problem with the Service

17.1. Contact us with questions or complaints at [email protected]

17.2. We’re obligated to supply products conforming to the contract terms. They must be as described, fit for purpose, and of satisfactory quality.

17.3. Exceptions to these rights may apply. For further information, consult Citizens Advice or call 03444 111 444.

17.4. To exercise legal rights, return products to us or arrange collection. We cover postage or collection costs.

Price and Payment

18.1. Product prices, including applicable VAT, are displayed during ordering. We endeavour to ensure pricing accuracy, but errors may occur. We’ll notify you of any discrepancies.

18.2. Payment is accepted via major credit or debit cards. Payment is required before product dispatch. Incorrect charges should be promptly reported for correction.

Our Responsibilities for Loss or Damage Suffered by You

19.1. Our products are intended for domestic and private use only. We’re not liable for business losses. Commercial use voids liability for loss of profit, business interruption, or opportunity.

19.2. Subject to clause 14.4, our maximum liability for product orders is limited to the price of the ordered products.

19.3. We’re not responsible for unforeseeable losses or damages.

19.4. We don’t exclude or limit liability where it would be unlawful to do so. This includes liability for death or personal injury due to negligence or fraudulent misrepresentation.

Written Communication

20.1. Legal requirements mandate some communications be in writing. We’ll contact you via email or notices on our website. You agree to electronic communication, acknowledging compliance with legal writing standards.

Other Important Terms

21.1. We reserve the right to transfer our rights and obligations to another organization.

21.2. The contract for sale and supply of medicines is between you and The Family Health Group Ltd. No other party can enforce its terms.

21.3. Each paragraph of these Supply Terms operates independently. If one is deemed unlawful, others remain in effect.

21.4. Delay in enforcing contract terms doesn’t waive the right to enforce them later.

21.5. These Supply Terms are governed by English law. Legal proceedings can be brought in English Courts.

21.6. Alternative dispute resolution may be sought if dissatisfied with our complaint handling.