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BNF 73

Terms & Conditions

This page, together with the documents referred to within, contain the terms and conditions ("Terms and Conditions") on which The Royal Pharmaceutical Society of Great Britain ("We", "Our", "Us") supply any of the products ("Products") listed on Our Website www.pharmpress.com ("Our Site") to you, the customer ("You", "Yours"). Please read these Terms and Conditions carefully before ordering any Products from Our Site. These Terms and Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice of course of dealing.

If You refuse to accept Our Terms and conditions, You will not be able to order any Products from Our Site.

1.  In these Terms and Conditions, the following rules apply:
     (a)  A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
     (b)  A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
     (c)  Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
     (d)  A reference to writing or written includes e-mails.

2.  INFORMATION ABOUT US

2.1  Our Site is operated by Us. We are a company established by Royal Charter with Our principal place of business being located at 66-68 East Smithfield, London, E1W 1AW. Our registered VAT number is 233029692.

3. YOUR STATUS

3.1  By placing an order through Our Site, You warrant that:

     3.1.1  You are at least 18 years of age; and

     3.1.2  You have read, understood and accept these Terms and Conditions; and

     3.1.3  You intend to enter into a legally binding contract with Us; and

     3.1.4  You are legally capable of entering into binding contracts.

4.  CONTRACT FORMATION

4.1  After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order. Your order constitutes an offer to Us to buy a Product and any acknowledgement email does not mean that Your order has been accepted by Us. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"), with express exception of eBook purchases (which by their nature are not dispatched) which will be accepted by Us and confirmed to You upon receipt of an order confirmation. The contract ("Contract") between Us and You will only be formed when We send you the Dispatch Confirmation.

4.2  The Contract constitutes the entire agreement between the parties. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in the Contract.

4.3  The Contract will relate only to those Products whose dispatch We have confirmed (pursuant to this clause 4) in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of Your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4.4  Any samples, drawings, descriptive matter or advertising produced by Us and any descriptions or illustrations contained on Our Site are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.

4.5  We reserve the right to amend our Products if reasonable, or required by any applicable statutory or regulatory requirements.

4.6  If Your order contains an order for Medicines Complete, you must also comply with the terms and conditions for Medicines Complete.

5. OUR STATUS

5.1  Please note that in some cases, We accept orders as agents on behalf of third party sellers. The resulting legal contract is between You and that third party seller, and as such, is subject to the terms and conditions of that third party seller.

5.2  We may also provide links on Our Site to the websites of other companies, whether affiliated with Us or not. We cannot give any undertakings that the products You purchase from third party sellers through Our Site, or from companies to whose website We have provided a link on Our Site, are of satisfactory quality or fit for purpose, and any such warranties are expressly DISCLAIMED by Us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party seller is involved in a transaction, and You grant Us express permission to disclose your customer information related to that transaction to the third party seller.

6.  INTELLECTUAL PROPERTY RIGHTS

6.1  Intellectual Property Rights ("Intellectual Property Rights") means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

6.2  All Intellectual Property Rights in or arising out of or in connection with Our Products shall be owned by Us.

7.  CONSUMER RIGHTS

7.1  With the exception of eBook Products, pursuant to clause 12 below, if You are contracting as a consumer, you may cancel the Contract at any time within seven working days, beginning on the day after you received the Products. In this instance, You will receive a full refund of the price paid for the Products in accordance with Our refunds policy, pursuant to clause 11. Nothing in this Contract affects your statutory rights.

7.2  The terms implied by sections 13 and 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

8.  AVAILABILITY AND DELIVERY

8.1  Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless exceptional circumstances arise pursuant to clause 14.

9.  RISK AND TITLE

9.1  The risk in the Products shall pass to You on completion of delivery.

9.2  Title to the Products shall not pass to You until We have received payment in full (in cash or cleared funds) for the Products; and any other products or services that We have supplied to You in respect of which payment has become due.

     9.2.1  Until title to the Products have passed to You, You shall:

          9.2.1.1  hold the Products on a fiduciary basis as Our bailee; and

          9.2.1.2  Ensure that You maintain the Products in the condition with which they were delivered to You.

10.  PRICE AND PAYMENT

10.1  The price of the Products shall be the price set out in the order, or, if no price is quoted, the price set out in Our published price list in force as at the date of delivery.

10.2  We may, by giving notice to You at any time up to 5 days before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to:

     10.2.1  any factor beyond Our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

     10.2.2  any request by You to change the delivery date, quantities or types of Products ordered; or

     10.2.3  any delay caused by any of Your instructions or failure by You to give Us adequate or accurate information or instructions.

10.3  The price of the Products are exclusive of the costs and charges of packaging, insurance and transport of the Products, which shall be invoiced to You.

10.4  The price of the Products are exclusive of amounts in respect of value added tax (VAT). You shall, on receipt of a valid VAT invoice from Us, pay to Us such additional amounts in respect of VAT as are chargeable on the supply of the Products.

11.  REFUNDS AND RETURNS

11.1  To cancel a Contract, You must inform Us in writing within seven days of receiving the Products, by emailing moc/smrahpr//troppus-sserpmrahp, providing details of the original invoice number, web reference, and information on the Product being returned. In addition, You must return the Products, undamaged and in the condition with which they were delivered to You, at Your own cost and risk to the following address;

Sales and Marketing Operations Team
Pharmaceutical Press
66-68 East Smithfield
London E1W 1AW

11.2  Should You return the Products pursuant to sub-clause 10.1, We will process the refund due to You within 30 days from the date of receipt of the cancellation request.

11.3  Products returned by You as a result of a defect in the Product will be refunded in full, including delivery charges.

12.  EBOOKS AND ELECTRONIC FORMAT PUBLICATIONS

12.1  Sales of eBooks are final and cannot be exchanged or refunded.

12.2  If Your purchase an eBook , We will grant You permission to download a single copy of the eBook to be installed upon one a single user device for that single user. This permission may not be transferred to a third party, nor may You sublicense any of the rights under it.

12.3  eBooks are not to be distributed or transmitted over any network or communication line, or copied or modified in any way whatsoever. Breach of this clause 12.3 constitutes a material breach of contract as well as a breach of Our intellectual property rights as set out in clause 6, which we strictly reserve the right to enforce against You.

13.  LIMITATION OF LIABILITY

13.1  Nothing in these Terms and Conditions shall limit or exclude Our liability for:

     13.1.1  death or personal injury caused by Our negligence or the negligence of Our employees;

     13.1.2  fraud or fraudulent misrepresentation;

     13.1.3  any matter in respect of which it would be unlawful for Us to exclude or restrict liability.

13.2 Subject to clause 13.1:

     13.2.1  We shall under no circumstances whatsoever 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 the Contract; and

     13.2.2  Our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the relevant Products purchased by You.

13.3  Where You buy any Product from a third party seller through Our Site, the seller's individual liability will be set out in the seller's terms and conditions.

14.  FORCE MAJEURE

14.1  Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

14.2  Performance under the Contract that is subject to a Force Majeure Event is deemed to be suspended for the period that the Force Majeure Event continues, and an extension of time for performance for the duration of that period applies. Parties must make reasonable efforts to bring the effects of the Force Majeure Event to a conclusion.

15.  WAIVER

15.1 A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

16.  VARIATION

16.1  We have the right to revise and amend these Terms and Conditions as required from time to time.

17.  NOTICES

17.1  All notices given by You to Us must be given to The Royal Pharmaceutical Society of Great Britain at Group Finance, 66-68 East Smithfield, London, E1W 1AW, England, United Kingdom. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order. Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, proof that such e-mail was sent to the specified e-mail address of the addressee.

17.2  The provisions of this clause 17 shall not apply to the service of any proceedings or other documents in any legal action.

18. IMPORT DUTY

18.1  If You order Products from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes, as We accept no such liability.

18.2  You must comply with all applicable laws and regulations of the country for which the products are destined. We are not liable for any breach by You of any such laws.

19.  WRITTEN COMMUNICATIONS

19.1  Applicable laws require that some of the information or communications We send to You be in writing. When using Our Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our website. By entering into this Contract, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

20. SEVERENCE

20.1  If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

20.2  If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

21.  THIRD PARTY RIGHTS

21.1 A person who is not a party to the Contract shall not have any rights under or in connection with it.

22.  GOVERNING LAW AND JURISDICTION

22.1  The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.




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