Emla Cream (30g)

St Helens Millennium Centre Services Limited

Millennium Pharmacy                                           

Our Terms and Conditions

1. These terms
   1. What these terms cover. These are the terms and conditions on which we supply products to you.
   2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide 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.
   3. This is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase (unless you have a credit account with us in which case our Terms of Credit will also apply). You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
   1. Who we are. We are St Helens Millennium Centre Services Limited, a company registered in England and Wales. Our company registration number is 06515369 and our registered office is at St Johns Chambers, Love Street, Chester, England, CH1 1QN. Our registered VAT number is GB 941598394.
   2. How to contact us. You can contact us by telephoning our customer service team at 01744 638 713 or by writing to us at [email protected].
   3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us when registering your account with us.
   4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
   1. How we will accept your order. Our acceptance of your order will take place when we receive cleared payment for the product, at which point a contract will come into existence between you and us.
   2. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
   3. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our products
   1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. 
   2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes

If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes
   1. Minor changes to the products. Our suppliers may change the product:
      1. to reflect changes in relevant laws and regulatory requirements; or
      2. to implement minor adjustments and/or improvements. These changes should not affect your use of the product.
   2. More significant changes to the products and these terms. In addition, our suppliers may make more significant changes to the product, but if they do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
   1. Delivery costs. The costs of delivery will be as displayed to you on our website.
   2. When we will provide the products. During the order process we will let you know when we will provide the products to you.
   3. We are not responsible for delays outside our control. Sometimes our supply of the products is delayed by an event outside our control. We will not be liable for delays caused by such event.
   4. If you are not at the delivery address specified on your order when the product is delivered. If no one is available at the specified delivery address to take delivery and the products cannot be posted through your letterbox, we may charge you for any costs we incur as a result of any such failed delivery.
   5. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we may end the contract and clause 10.2 will apply.
   6. When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us or left the product in a safe place or with a neighbour in accordance with the delivery instructions given.
   7. When you own goods. You own the product once we have received payment in full.
   8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information (including adequate delivery instructions).
   9. We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, we may suspend supply of any further products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.6). 
8. Your rights to end the contract
   1. You can always end your contract with us. 
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
      3. In all other cases, see clause 8.3.
   2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. you have a legal right to end the contract because of something we have done wrong.
   3. Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before the products are despatched, but you may have to pay us compensation. If you want to end a contract before the products are despatched, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. If you end a contract after the products are despatched, we will not refund you and we cannot accept the return of such products.
9. How to end the contract with us
   1. Tell us you want to end the contract. To end the contract with us, please call customer services on 01744 638 713 or email us at [email protected]. Please provide your name, home address, emails address and details of the order.
   2. Returning products after ending the contract. If you end the contract pursuant to clause 8.2 or clause 12, and we ask you to return the products to us, you must post them back to us at Millennium Pharmacy, 29 - 31 Shaw Street, St Helen’s, WA10 1DG.
   3. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed; or
      2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
   4. How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products, by the method you used for payment
   5. When your refund will be made. We will make any refunds due to you as soon as reasonably possible. 
10. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
       1. you do not make any payment to us when it is due;
       2. you do not provide us with information that is necessary for us to provide the products; or
       3. you do not, within a reasonable time, allow us to deliver the products to you.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01744 638 713 or write to us  at [email protected] .

12. Your rights in respect of defective products
    1. We warrant that on delivery the products shall:
       1. conform in all material respects with their description;
       2. be free from material defects;  and
       3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    2. Subject to clause 12.3, if:
       1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 12.1;
       2. we are given a reasonable opportunity of examining such product; and
       3. you return such product to us at our cost,

we shall, at our option, replace the defective product, or refund the price of the defective product in full.

12. 3. We will not be liable for a product's failure to comply with the warranty in clause 12.1 if:
       1. you make any further use of such product after giving a notice in accordance with clause 12.2(a);
       2. the defect arises because you failed to follow oral or written instructions as to the storage or use of the product or (if there are none) good trade practice; or
       3. the defect arises as a result of wilful damage or negligence.
    4. Except as provided in this clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 12.1.
    5. These terms shall apply to any replacement products supplied by us under clause 12.2.
13. Price and payment
    1. Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay. We accept payment by most credit or debit cards. You must pay for the products at the time of placing your order or in accordance with any credit agreement between us.
    5. No right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England reference rate from time to time, as provided for in the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2013,  on the outstanding balance together with compensation and reasonable debt recovery fees as provided for in the aforementioned Act. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
14. Our responsibility for loss or damage suffered by you
    1. Nothing in these terms shall limit or exclude our liability for:
       1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
       2. fraud or fraudulent misrepresentation; or
       3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
    2. Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Subject to clause 14.1:
       1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
       2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
15. How we may use your personal information
    1. How we will use your personal information. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
16. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

see Terms and Conditions