Juvederm Voluma (2 x 1ml) *** SPECIAL OFFER****

TERMS &CONDITIONS

Please read these Terms and Conditions carefully as they will apply to your use of Echo Pharmacy’s website. By using this website, you are agreeing to the Terms and Conditions stated below. Occasionally, we may change these terms and conditions upon review. We will post any amendments to these terms and conditions on the website and we advise that you regularly review these Terms and Conditions as your use of this website will infer acceptance to any changes made. These Terms and Conditions shall not affect any statutory rights.

The owner of the business is Echo Pharma Ltd. Our company number is SC596436 and we are registered in Scotland.

Our registered office address is:

95-107 Lancefield Street, Glasgow, G3 8HZ

Our business address is:

Mccormick House Business Centre

50 Darnley Street, Suite 2.8-2.9, Glasgow, G41 2SE

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions. Privacy Statement and Disclaimer Notice and any or all Agreements; “Client”, “You” and “Your” refers to you, the person accessing this website and accepting our company’s Terms and Conditions. “The Company”, “Ourselves”, “We”, and “Us”, refers to our Company. “Party” and “Parties” refers to both the Client and ourselves or either the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings or a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Companies stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Confidentiality

Under the Data Protection Act 1998, any information concerning the Client and their respective Client records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to anybody other than our manufacturer/suppliers if requested and, if legally required to do so, to the appropriate authorities. Clients have the right to request copies of any Client records that we keep on the stipulation that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information or copies of records as part of an agreed contract, for the benefit of both Parties.

Under any circumstance, we will not sell, share or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products, unless agreed otherwise by you the Client. If you do not wish to receive any mail, please email [email protected]

Disclaimer

Exclusions and Limitations

The information on this website is provided on a “as is” basis. To the fullest extent permitted by law, Echo Pharma Ltd:

Excludes all representations and warranties relating to this website and its contents or which is or maybe provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Companies literature.

Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Any discrepancies with orders should be reported within 24 hours of receiving your order. This should be reported to us by emailing [email protected]

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All major Credit/Debit Cards and BACS transfer are accepted as payment methods by our company. We require payment in full prior to fulfilling your order.

Returns requests

All returns requests must be made within 24 hours of receiving the product. Please either email us on [email protected] or call us on 0141 266 0346. Upon authorising returns, we will issue a returns number which must be included with the returned products. All returned products must be unused, unmarked and in their original packaging. Products must be returned in their original packaging and appropriately wrapped to prevent damage during transit. Buyer will be responsible for returns shipping charge and it must be sent via a tracked service. Goods can only be returning upon obtaining authorisation from the company and a returns number. If goods are returned without any of these two stipulations, we may not be able to process your return. We may require photographic evidence prior to posting your return.

Exemptions

In the interests of patient safety, products exempt from returns due to safety issues include:

Cold chain products

Medicines and medical products used within aesthetic practice.

Incorrect items received

If you have received the incorrect items, we will hold responsibility and will arrange the return collection of the items. A full refund will be issued in addition to free next day delivery on your next order.

If you receive a faulty, incorrect or unfit for purpose product, do NOT dispose of the product. If the product is discarded, we will not be able to refund or replace the product. We ask for you to contact us immediately and we will investigate any issues raised and can advise the next steps to be taken.

Cancellation Policy

We require a minimum 24 hours notice for cancellation of orders. This can be done by emailing [email protected] in addition to payment to the Seller for cancellation charges. Orders for cold chain goods cannot be cancelled after they have been dispatched. We reserve the right to levy a £30 charge to cover any subsequent administrative expenses.

Product Information

When purchasing any products from the website, you are formally agreeing that you have undertaken sufficient training which certifies and accredits you to be able to either inject the product safely & effectively if it is an injectable or utilise it according to the manufacturers’ specification and take full professional responsibility for your own competence. You formally agree to have the necessary insurance requirements in place for the use of such products and abide by any national or local rules which may apply to your practice.

Delivery Information

All orders placed on the website before 3pm (Monday – Friday) will be sent out for next working day delivery via DPD. This excludes weekend, bank holidays and any other local holidays whereby delivery services may be restricted. All orders are always sent out on a next working day service subject to location. Saturday delivery, which has an additional charge, can be requested if an order is placed on Friday. We use Royal Mail Next Day Saturday Guaranteed for Saturday deliveries. Changing the delivery address on the DPD app on the day the parcel is due to be delivered may delay the order in getting to you in time. We will not hold any responsibility to delayed orders caused by third party delivery couriers.

Termination of Agreements and Refunds Policy

Both the Client and the Company have the right to terminate any services arrangement for any reason. This includes the termination of services currently ongoing. No refunds shall be offered whereby a service is considered to have commenced and is currently ongoing. Any monies that have been paid to us which constitute payment in respect of the provision of unused services not yet commenced shall be refunded.

Availability

The services featured on this website are only available within the United Kingdom (UK). All advertising is intended to solely target the UK market. The customer is solely responsible for evaluating the appropriateness for a particular purpose of any content available from this site. The content on this website including pictures, text, images cannot be copied and redistributed without first obtaining the written consent of the Company. We aim to provide as smooth a service as possible but are aware at times the site may be interrupted or have errors on it. Once identified, we will aim to resolve any issues immediately to minimise impact on our customers. By using our website, the client agrees to indemnify the company as a whole including any employees or third party contractors against any loss or damage suffered by the client via any method.

Links to this website

You may create a link to any page of this website only after obtaining our written consent to do so. Requests should be emailed to [email protected] and we will respond after reviewing your request. If you create a link to a page of this website after obtaining our written consent, the prohibitions and boundaries defined above will apply to your use of this website. We will not be held liable for any damage which may be caused by this.

Links from this website

Any links to third party websites are not reviewed and evaluated by our company. Any material published on third party websites is not endorsed by us and it is the website’s owner’s views and opinions which are shared on their platform. In addition, the content and policy statements of such websites should be reviewed when visiting these websites as we are not responsible for the practice or content of the site. We recommend to all users to be aware to be aware when they are visiting external websites and to do their own due diligence with respect to the privacy and security of the site prior to engaging with them. We will not be responsible for any loss or damage incurred by you when visiting and interacting with third party websites.

Copyright Notice

All text, images and content on this website are subject to Copyright laws

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an Agreement or Contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Scotland govern these Terms and Conditions. By accessing this website and using our services to purchase products, you consent to these Terms and Conditions and to the exclusive jurisdiction of the Scottish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason which include the exclusions and limitations set out above, the invalid or unenforceable provision will be detached from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not effect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will imply your acceptance of any adjustments to these terms. If any changes are made to our privacy policy, we will announce these changes on our home page. If there are any changes in how we use our customers’ personal information, notification by e-mail to the registered address will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. We advise all customers to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

The Buyer shall be prepared to accept receipt of goods as detailed by notifications sent by the Seller either independently or via DPD detailing the specified time window and date. All orders placed on the website before 3pm (Monday – Friday) will be sent out for next working day delivery via DPD. This excludes weekends, bank holidays and any other local holidays whereby delivery services may be restricted. All orders are always sent out on a next working day service subject to location. Saturday delivery, which has an additional charge, can be requested if an order is placed on Friday. We use Royal Mail Next Day Saturday Guaranteed for Saturday deliveries. Changing the delivery address on the DPD app on the day the parcel is due to be delivered may delay the order in getting to you in time. We will not hold any responsibility to delayed orders caused by third party delivery couriers.

The Buyer will be notified upon the creation of shipment via email and/or text. If the Buyer is unable to receive the goods upon the first delivery attempt, the buyer will accept liability for the goods hence forth. 

The Seller may dispatch the order in more than one delivery and the Buyer will be notified on the day the order is placed. This may be due to a shortage of stock or other factors which will be communicated to the Buyer prior to shipping any orders. Upon occasions where the order is shipped in more than one shipment, each shipment shall be treated as separate contract of its own accord. Failure by the Seller to deliver one or more parts of the order in separate delivery schedules in accordance with these conditions, or any claim by the Buyer with respect to any part of the order which has been shipped in separate deliveries, shall not permit the Buyer to treat the contract as a whole as rejected.

The Seller is under no obligation to recompense the buyer for any losses suffered as a result of a failure to receive goods on the first delivery attempt by the delivery courier in accordance with the terms and conditions. The buyer, for the purpose of this policy, is defined as the individual who places an order, pays for the order or signs for the order.

If the Buyer refuses or fails to accept delivery of the goods delivered in accordance with the terms and conditions or fails to take any necessary action on its part for the delivery to be successfully completed, whereby the delivery may be part of the order placed or the order in full, the Seller shall be entitled to terminate the contract with immediate effect, to dispose of the goods in accordance with the Seller’s policy and to recover any loss or associated costs with conducting the above from the Buyer.

The Seller shall not be held liable for any goods including cold chain goods once they have been collected by a third party courier on behalf of the Buyer or if the Buyer has amended the delivery instructions once the goods have been dispatched as they have the option to do so and the goods have been delivered to an alternative location or place as requested by the Buyer. This will include, but is not limited to; pick up shop, safe place, neighbours etc. The Buyer shall ensure that any third parties authorised on their behalf to accept deliveries have been informed of an incoming delivery and are adequately prepared to accept the goods. This includes informing them as to how to store the goods in the correct conditions upon receipt.

Risk and Title

Risk of damage to goods and or loss of goods shall pass to the Buyer under following circumstances: 

• in the instance of goods to be delivered to the Buyer’s address
• in the instance the Seller notifies the Buyer that the goods are available for delivery via a third party courier
• in the instance the goods are to be delivered to the Buyer
• in the instance of the time of delivery. This includes if the Buyer fails to take delivery of the goods upon the time when the Seller has presented delivery of the goods.
• Notwithstanding delivery and the passing of risk, title of the goods shall not be passed to the Buyer until the Seller has received payment in full of the agreed price of the goods that are ordered and delivered either in cash, via card payment or bank transfer. This includes all other amounts owed by the Buyer to the Seller under these conditions

Until such a time as to the title in the goods being passed to the Buyer, the Buyer shall hold the goods on the Seller’s behalf as the Seller’s guardian and shall not relieve itself of its duties with regards to the possession of the goods as follows:

• Goods are to be properly stored in accordance with the manufacturer’s instructions.
• Goods are to be stored in an appropriate manner as to prevent it from damage or deterioration in any way.
• Goods are to be protected and insured of its own accordance as being the Seller’s property stored in the Buyer’s premises.
• Goods are to be kept separate to any other goods stored in the same location.
• Goods are not to be traded, utilised or offered in any service as part of the Buyer’s trading

If the Buyer fails to abide by the above, all monies owed to the Seller by the Buyer will immediately become due and payable.

Until the title of goods has been passed to the Buyer, the Seller shall be authorised at any time to require the Buyer to deliver the goods to the Seller. Failure of the Buyer to do so immediately will entitle the Seller to enter any premises of the Buyer or any third party premises whereby the goods may be stored and to inspect and repossess the goods. Any costs incurred by the Seller having to conduct this exercise will be billed to the Buyer and payable upon receipt of the bill.

Any rights the Buyer may have to possession of the goods shall immediately cease in any event if: 

• any sum of monies owed to the Seller, whether in respect of the goods or services, is not paid to the Buyer by its due date

• the Buyer is in breach of contract of contract, relating to goods or services, with the Seller. 

In the period the Buyer is in possession of the goods with the Seller’s consent (but not otherwise and the title of goods has not yet passed to the Buyer), the Buyer may in the regular course of its trading business sell the goods on the condition that: 

• The Seller will not enter any legally enforceable contractual relationship with the Buyer’s customer and will be free of any liability to the customer or any third party.

• The seller will act as an agent on behalf of the Seller but in an independent capacity of its own accord.

• Proceeds from sales will be held on trust for the Seller.

• All prescription items and POMs are excluded from being saleable under any circumstance.

The Seller shall return any monies received by the Buyer in relation to the sale of goods if the amount received is in excess of the monies owed to the Seller by the Buyer.

The Seller shall have the right to bring legally enforced action against the Buyer for the price of the goods sold to the Buyer in the event of non-payment once the payment date is overdue regardless of the goods being in the possession of the Buyer even though the title of goods have not yet passed to the Buyer from the Seller. This includes the Seller having the right to pass property in the goods to the Buyer having given notice from its payment due date.

Liability 

The Seller warrants that the goods supplied shall be of satisfactory quality and shall correspond with any specification at the time of delivery. All other conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are excluded to the fullest extent permitted by law.

The Seller’s sole obligation in relation to defective goods shall be at its own option to make good any non-delivery of goods and/or appropriate to replace any goods found to be damaged or defective and/or to refund the cost of such goods to the Buyer. This is at the Seller’s discretion and will only be done upon agreement with the Seller. The Seller’s decision with respect to the above is non negotiable.

The Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the price paid by the Buyer for the goods in respect of any occurrence or series of occurrences.

The Seller shall not be liable to the Buyer: 

• for defects in the goods caused by abnormal or unsuitable conditions of storage including the manner in which goods are loaded and moved within the warehouse or any other storage facility by delivery couriers or use by, or any act, neglect, or default of the Buyer or any third party

• for defects in the goods or discrepancies in delivery, unless notified to the seller within 24 hours of receipt of the goods by the Buyer, or where the defect would not have been apparent on reasonable inspection, within 12 months of delivery 

• for defects in the goods arising from any drawing, design or specification supplied by the Buyer; or for goods disposed of by the buyer without the express consent of the seller or if the total price of the goods has not been paid

• unless the Buyer with the Seller’s prior authorisation, returns alleged defective goods, freight prepaid to the Seller’s point of shipment; or

or an indirect or consequential loss or damage (whether for loss of profit, revenue, goodwill or any economic loss including physical damage or otherwise), costs or expenses suffered by the Buyer, howsoever caused.

Nothing in these conditions shall exclude or limit the Seller’s liability for death or personal injury caused by its own negligence.