Website Terms and Conditions of Sale – CutKilograms Ltd

 

1. These Terms and Conditions

1.1. These website terms of sale (“Supply Terms”) set out the basis on which we supply our products to you via our website (our “Site”).

1.2. When you buy something from our Site, you demonstrate that you accept these Supply Terms and that you agree to abide by them.

1.3. Please take some time and read these Supply Terms carefully before you place your order. You will find out who we are, how we provide products to you, how we can change or end our contract with you, what to do if there is a problem and lots of other important information.

1.4. If for any reason you do not agree to these Supply Terms, you must not purchase products from our Site.

2. Information About Us

2.1. Our Site is owned and operated by CutKilograms Ltd (“CutKilo”, “we”, “us” or “our”). We are a company incorporated in England and Wales under company number 15916920. Our registered office address is: 86 Harley Street, London, W1G 7HP

2.2. You can contact us using the following email address: info@cutkilo.com

2.3. Our pharmacy’s registered address is Smile Pharma Ltd, Unit 1, Gemini 8 Business Park, Charon Way, Warrington, WA5 7AE and registered with the General Pharmaceutical Council (“GPhC”) with number 9012395. The superintendent pharmacist is Jaspal Mann (GPhC number 2038361).

2.4. The clinicians we engage are registered in the United Kingdom with the General Pharmaceutical Council and each hold accredited pharmacist independent prescriber qualifications. The clinicians are trained in providing remote consultations and issuing prescription medicine online. The clinicians are individually responsible for the prescriptions they issue.

2.5. If we need to contact you for any reason we will do so by phone, email or post to the number or address that you provided in your order. When we say “writing” or “written” in these Supply Terms, this includes emails.

3. how We May Use Your Personal Information

3.1. when You Submit an Order You Will Need to Provide Us with Information About Yourself. We Use the Information: For Prescription only Medicines, to Review Your Medical Information (e.G. Your Personal Medical Details (age, Weight, Blood Pressure Information) and The Information Submitted in The Online Medical Questionnaire) and To Allow Our Clinicians to Confirm Whether the Ordered Treatment Is Deemed Clinically Appropriate; to Supply the Products to You (e.G. Your Delivery Address); to Process Your Payment for The Products (e.G. Your Billing Address and Credit Card Details, for Which We Store only The Last Four Digits of Your Payment Card); and If You Agreed to This when Ordering, to Give You Information About Similar Products that You Might Like – You Can Stop Receiving This Information at Any Time by Contacting Us.

3.2. Our Privacy Policy Sets out The Terms on Which We Process Any Personal Data We Collect from You, or That You Provide to Us. by Purchasing Products from Our Site, You Consent to Such Processing and You Warrant that All Data Provided by You Is Accurate.

4. Our Contract with You and The Online Consultation Process

4.1. After You Have Placed Your Order We Will Message You to Confirm that We Have Received Your Order.
Prescription only Medicines

4.2. Please Note that Prescription only Medicine Plans Are Provided on A Subscription Basis (see the Paragraph Headed Subscription (prescription only Medicines) Below for Further Information).

4.3. for Prescription only Medicine Plans, if A Relevant Treatment Is Deemed Clinically Appropriate, the Clinicians Will Review and Determine Whether or Not to Approve Your Recommended Treatment Plan. We’ll Send You Another Message to Confirm We Have Accepted Your Recommended Treatment Plan if One of Our Clinicians Has Assessed Your Medical Information, Confirmed that The Treatment Is Clinically Appropriate and Has Issued Your Prescription to The Pharmacy. if We Confirm that We Have Issued Your Prescription to The Pharmacy and Accepted Your Order, a Contract Will Come Into Existence Between Us and Yourself. at This Point We Will Also Give You an Order Number. We Will Not Take Payment for Prescription only Medicines until We Have Accepted Your Recommended Treatment Plan.

4.4. We Send Prescriptions Electronically and Securely to The Pharmacy, Where They Dispense and Dispatch the Product on The Same Day or The Next Working Day.

4.5. if The Clinician Requires Further Information, You Will Receive a Message. the Order Will Not Be Processed until You Have Replied to The Clinician’s Message. This Must Be Within 10 Days of Placing Your Order. if You Fail to Reply Within This Timeframe Your Order Will Be Declined and You Will Not Be Charged.

4.6. Treatment Plans Presented on The Website Are Indicative only And Prescription Medication Plans Are Subject to Clinical Determination. Indications Regarding Potential Treatment Plan Progression Are Not Legally Binding Terms of This Agreement. Should a Particular Medicinal Product or Course of Treatment Become, in The Opinion of Our Clinician, Clinically Unsuitable (whether as A Result of A Change in Your Clinical Presentation, Health, Tolerance of Medication or For Any Other Reason), Dispensing of That Medicinal Product Will Be Discontinued and We Will Work with You to Find an Appropriate Ongoing Course of Treatment.

4.8. if We Are Unable to Accept Your Order, We Will Let You Know and You Will Be Refunded in Full to The Same Payment Card. We Cannot Accept Your Order if The Clinicians Decide that The Medicine Ordered Is Not Clinically Appropriate. Sometimes We Also Cannot Accept Orders Because the Product Is out Of Stock, Because of Unexpected Limits on Our Resources, Because We Have Noticed an Error in The Price or Description of The Product or Because We Are Unable to Meet a Delivery Deadline that You Have Specified.

4.9. Refunds May Take up To 10 Working Days to Appear in Your Bank Account.

4.10. Products Are Delivered Within the Uk Only. We Do Not Accept Liability for Any Onward Transport of Deliveries by Customers or Third Parties Outside of Our Control.

4.11. Your Transaction May Be Subject to Sca (secure Customer Authentication) when You Purchase from Us, This Is at Our Discretion until Uk Regulation Is Confirmed and Enforced. Any Transactions Related to Recurring Orders, or New Orders with The Same Details, Will Not Use Sca if The Original Payment Was Taken without It.

5. Subscription (Prescription Only Medicines)

5.1. on Placing an Order for A Prescription only Medicine You Agree to Purchase at Least a 12-Month Supply of The Medicine, Subject to The Clinical Appropriateness Assessment by The Clinician. You Provide Us with A Continuous Payment Authority to Charge Your Payment Card for The Specified Amount on Approval of Your Order and At Monthly Intervals Following Such Approval Date.

5.2. You Will Receive an Email Before the Subscription Expiration Date Informing You that Your Subscription Is Coming to An End and With Information on How to Renew Your Subscription.

5.3. You Can Cancel Your Subscription at Any Time on Notice to Us.

5.4. We Reserve the Right to Cancel Your Subscription at Any Time on Notice to You.

5.5. Once We Have Confirmed We Have Received Your Cancellation Notice You Will Not Be Charged for Any Further Supply and No Further Medication Will Be Dispatched to You.

5.6. if Your Subscription Is Terminated, Payments Received Relating to Dispatched Medicines Will Not Be Refunded.

6. Our Service

6.1. the Images on Our Site Are for Illustrative Purposes Only. Your Product May Vary Slightly from The Site Images.

6.2. All Products Shown on Our Site Are Subject to Availability.

6.3. on Receiving Your Order, and Before Using Any Product, You Should Carefully Read Any Information Which Accompanies the Product (including but Not Limited to The Patient Dispensing Label, the Patient Information Leaflet And/or Manufacturer’s Guidelines) and You Acknowledge and Agree that You Will only Use the Product in Accordance with Such Information. Any Failure to Follow Such Information Is at Your Own Risk.

6.4. You Should Stop Taking the Medication and Seek Immediate Advice from A Doctor or Other Health Care Practitioner if You Experience Any Significant Side Effects Before Re-Starting the Medication.

6.5. Please Note that We May De-Blister Certain Medicines from Their Original Packaging and Supply Them to You Using Our Own Packaging. This Is with The Intention to Aid Your Medication Compliance, Adherence and General Ability to Take the Medication Easily and Conveniently. You Acknowledge that Due to This Process of De-Blistering and Packaging the Shelf Life of Medicines May Be Reduced. You Agree that You Will Not Take Any Medicine Beyond Its Stated Expiry Date.

6.6. We May Offer You a Specially Formulated Preparation, Which Our Clinical Team Believes Will Be the Most Effective Way to Treat Your Condition. as Such, It Is Classed as An Unlicensed Special Treatment. These Products Are Produced by Our Licensed Manufacturer that Specialises in The Development and Manufacture of Such Bespoke Specials, Following Strict Eu Gmp Standards.

7. Your Rights to Make Changes

7.1. if You Want to Make Any Changes to Your Order Please Get in Touch. if The Change You Have Asked for Is Possible We Will Let You Know About Any Changes We Need to Make to The Price of The Order, the Timing of Delivery or Anything Else Which Is Different as A Result of The Change. We Will Also Check Whether You Want to Go Ahead with The Order on This Basis. if We Cannot Make the Change or You Are Not Happy with The Consequences of Making the Change, You May Want to End the Contract (see Paragraph 9).

8. How We Will Provide the Service

8.1. Our Delivery Charges Are Set out On the Site.

8.2. During the Order Process We Will Let You Know when We Will Provide the Products to You or We Will Contact You with An Estimated Delivery Date.

8.3. You Agree that A Signature Will Not Be Required on Receipt of Delivery and That You Are Happy for Medicines to Be Posted Through the Letter Box at The Delivery Address. You Confirm that There Are No Animals or Young Children at The Delivery Address.

8.4. if Our Supply of The Products to You Is Delayed by Any Event that Is Outside Our Control Then We Will Let You Know as Soon as We Can but We Are Not Responsible for Delays that Are Outside Our Control.
Late Delivery

8.5. if We Miss the Delivery Deadline Then You Can Treat the Contract for Sale of The Product as At an End if Either (a) We Have Refused to Deliver the Products; or (b) You Told Us, Before We Accepted Your Order, that Delivery Before the Delivery Deadline Was Essential.

8.6. if You Do Not Wish to Treat the Contract as Terminated, or Do Not Have the Right to Do so Under Paragraph 8.5, You Can Set a New, Reasonable Deadline for Delivery.

8.7. if You Do Decide to Treat the Contract as At an End Under Paragraph 8.5 You Can Cancel Your Order or Reject Products that Have Been Delivered. when You Have Let Us Know We Will Then Refund Any Sums You Have Paid to Us for The Cancelled Products (including Any Delivery Charges). if The Products Have Already Been Delivered to You, You Must Post Them Back to Us Within 30 Days or Allow Us to Collect Them. We Will Pay the Costs of Postage or Collection.
Failed Delivery

8.8. if Delivery Is Unsuccessful and You Do Not Rearrange It or Collect from A Depot, We May Cancel the Contract.
Ownership

8.9. Products Become Your Responsibility Once Delivered. You Own Them Once Payment Has Been Received.
Suspending the Contract

8.10. We May Suspend Supply To:

8.10.1. Manage a Technical Problem or Make Minor Technical Changes;

8.10.2. Update the Product to Comply with Laws or Regulations.

8.11. if We Suspend for More than 30 Days, You May Cancel and Receive a Refund for Anything Paid in Advance.

8.12. if You Do Not Pay when Due and Still Do Not Pay Within 10 Days of A Reminder, We May Suspend Supply until You Do.

8.13. We May Update Subscription Terms with Notice. You Can Cancel if You Do Not Accept the Change.

9. Your Rights to End the Contract

9.1. Your Rights if You Decide to End the Contract with Us Will Depend on What Product You Have Bought, if There Is Anything Wrong with It, how We Are Performing Our Obligations and At What Point You Decide to End the Contract:

9.1.1. if You Want to End the Contract Because of Something We Have Done, See Paragraph 9.2;

9.1.2. if You Have Just Changed Your Mind About the Product, See Paragraph 9.3;

9.1.3. if What You Have Bought Is Faulty or Does Not Match the Description Provided Online You May Have a Legal Right to End the Contract, to Get the Product Repaired or Replaced, or To Get Some or All of Your Money Back (see Paragraph 12);

9.1.4. Cancelling the Order (see Paragraph 9.4).

9.2. Is It Something We Have Done? if You End the Contract Because:
We Have Made a Change to The Terms You Do Not Agree With;
There Is an Error in The Price or Description and You No Longer Want to Proceed;
We Have Told You that Supply Will Be Significantly Delayed Due to Circumstances Beyond Our Control;
Supply Has Been Suspended for More than 30 Days;
Or We Have Otherwise Breached Our Obligations,
Then You May Cancel Immediately and We Will Refund in Full for Any Products Not yet Provided.

9.3. Changed Your Mind? for Prescription Medicines, We Are Not Able to Accept Returns for Safety Reasons. if You Have Unwanted Medicine, Please Take It to A Local Pharmacy for Safe Disposal.

9.4. Cancelling Your Order: You Can Cancel Your Order for Medicines up Until the Point Where the Clinician Issues Your Prescription (i.E. Before You Receive an Email Confirming that Your Order Has Been Accepted). to Cancel, Email Us at Info@cutkilo.Com.

10. How To End the Contract with Us (including if You Have Changed Your Mind)

10.1. to End the Contract, Contact Us at Info@cutkilo.Com

10.2. if You End the Contract After the Products Have Been Dispatched or Received, You Must Return Them to Us or Arrange for A Collection. We Will Provide a Returns Label and Address.
Costs

10.4. We Will Pay the Costs of Return If:

10.4.1. the Products Are Faulty or Do Not Match Their Description;

10.4.2. You Are Ending the Contract Due to Reasons Set out In Paragraph 9.2.

10.5. in All Other Cases, You Will Need to Cover Return Costs.
Refunds

10.6. Once Dispensed, Medication Cannot Be Returned for Resale, and Refunds Are Not Available for These Products.

10.8. Refunds (where Applicable) Will Be Made Within 14 Days of Receiving Returned Products.

11. Our Rights to End the Contract

11.1. We May End the Contract If:
You Fail to Pay Us and Still Don’t Pay Within 10 Days of Our Reminder;
You Don’t Allow Delivery or Collection of The Products in A Reasonable Time.

11.2. if We End the Contract, We Will Refund Amounts Paid for Undelivered Products, but May Deduct Reasonable Compensation for Costs Incurred.

12. If There Is a Problem with The Service

12.1. if You Have Any Questions or Complaints, Please Contact Us at Info@cutkilo.Com

12.2. We Are Legally Required to Supply Products that Conform with This Contract. They Must Match the Description, Be of Satisfactory Quality, and Fit for Purpose.

12.3. You Can Learn More About Your Consumer Rights at Www.Adviceguide.Org.Uk or By Calling 03444 111 444.

12.4. if You Are Rejecting Faulty Products, We Will Cover the Cost of Return or Arrange Collection.

13. Price and Payment

13.1. Prices (including Vat Where Applicable) Are Shown During Checkout. if There’s a Pricing Error, We Will Contact You Before Proceeding.

13.2. We Accept Major Debit and Credit Cards. Payment Must Be Made Before Dispatch. Contact Us if You Believe a Charge Is Incorrect.

14. Our Responsibility for Loss or Damage Suffered by You

14.1. We Supply Products for Domestic, Private Use Only. We Are Not Liable for Business-Related Losses.

14.2. Our Maximum Liability Is Limited to The Price Paid for Your Order.

14.3. We Are Not Responsible for Losses that Are Unforeseeable.

14.4. We Do Not Limit Liability for Death or Personal Injury Due to Negligence, or For Fraud.

15. Written Communication

15.1. by Using Our Site, You Consent to Receive Communications Electronically (email or Via Notices on Our Site). This Satisfies Legal Requirements for Written Communications.

16. Other Important Terms

16.1. We May Transfer Our Rights and Responsibilities Under These Supply Terms to Another Organisation.

16.2. only You and CutKilograms Ltd Have Rights Under This Contract. No Third Party May Enforce Its Terms.

16.3. if Any Part of These Supply Terms Is Ruled Unlawful, the Rest Remains in Full Effect.

16.4. Delays in Enforcing This Contract Do Not Waive Our Right to Enforce It Later.

16.5. These Supply Terms Are Governed by English Law. You May Bring Proceedings in England or In the Eu Country You Live In.

16.6. If we cannot resolve a dispute, you may consider using an alternative dispute resolution service.