Terms and Conditions of Sale

Terms and Conditions of Sale

Derby Street Pharmacy 17 Derby Street, Hanley, Stoke-on-Trent, ST1 3LE

Document Reference: DSP-TCS-2024-001 Effective Date: [INSERT DATE] Last Updated: December 2024 Version: 1.0

Important Information

These Terms and Conditions of Sale apply to all purchases of products and services from Derby Street Pharmacy, whether made in-store, online, by telephone, or through any other distance selling method.

By placing an order with us, you agree to be bound by these Terms.

1. About Us

1.1 Company Information

Trading Name: Derby Street Pharmacy

Registered Address: 17 Derby Street Hanley Stoke-on-Trent ST1 3LE United Kingdom

Contact Details:

1.2 Regulatory Information

Registration

Details

GPhC Registration Number

2064676

NHS ODS Code

FFT12

Registered Superintendent Pharmacist

Navid Kaleem

Pharmacy Owner

Navid Kaleem

VAT Registration

150460836

1.3 Our Regulatory Bodies

Primary Regulator – General Pharmaceutical Council (GPhC)

NHS Contract Compliance

  • We operate under the NHS Community Pharmacy Contractual Framework (CPCF)
  • Monitored via the Community Pharmacy Assurance Framework (CPAF)
  • We participate in the Pharmacy Quality Scheme (PQS)
  • NHS England Regional Team oversight

Medicines Regulation

  • Medicines and Healthcare products Regulatory Agency (MHRA)
  • Responsible for medicine safety, licensing, and advertising standards
  • Yellow Card Scheme for adverse reaction reporting

Data Protection

  • Information Commissioner’s Office (ICO)
  • VAT Registration: 150460836

We comply with all five GPhC Standards for Registered Pharmacies:

  1. Governance arrangements safeguard health, safety and wellbeing
  2. Staff are empowered and competent
  3. The environment and condition of premises are safe and suitable
  4. Pharmacy services are delivered safely and effectively
  5. Equipment and facilities are fit for purpose

2. Definitions

In these Terms:

  • “We”, “us”, “our” means Derby Street Pharmacy
  • “You”, “your” means the customer purchasing products or services
  • “Products” means the goods (including medicines) we sell
  • “Services” means the healthcare and pharmacy services we provide
  • “Contract” means the legally binding agreement between you and us
  • “Order” means your request to purchase Products or Services
  • “Working Day” means Monday to Friday, excluding bank holidays in England
  • “NHS Services” means services provided under NHS contract at no direct charge to you
  • “Private Services” means services for which you pay directly

3. How the Contract is Formed

3.1 Placing an Order

You may place an order with us by:

  • Using our online booking system
  • Telephoning us on 01782 215215
  • Visiting our pharmacy in person
  • Sending an email request

3.2 Order Acknowledgement

When you place an order, we will send you an acknowledgement. This acknowledgement does not mean your order has been accepted.

3.3 Order Acceptance

A legally binding contract is formed when:

  • For products: We dispatch the products to you or confirm they are ready for collection
  • For services: We confirm your appointment or begin providing the service
  • For prescriptions: When we dispense your prescription

3.4 Order Rejection

We reserve the right to reject any order for the following reasons:

  • The product or service is not available
  • There is an error in the price or description
  • We cannot verify your identity or payment
  • We are unable to deliver to your address
  • For medicines: clinical reasons prevent us from safely supplying

If we reject your order, we will notify you and refund any payment made.

4. Our Products and Services

4.1 Product Categories

We sell the following categories of products:

Category

Description

Restrictions

General Sale List (GSL)

Over-the-counter medicines for minor ailments

No restrictions

Pharmacy (P) Medicines

Medicines requiring pharmacist supervision

Must be sold under pharmacist supervision

Prescription Only Medicines (POM)

Medicines requiring a valid prescription

Valid prescription required

Healthcare Products

Vitamins, first aid, health monitoring devices

No restrictions

Toiletries & Cosmetics

Personal care products

No restrictions

4.2 Private Healthcare Services

We offer the following paid services:

Service

Description

Age Requirement

Emergency Contraception

Emergency hormonal contraception

16+ (under 16 with parental consent)

Private Flu Vaccination

Seasonal influenza vaccination

18+

Stop Smoking Consultation

Nicotine replacement therapy consultations

18+

Travel Vaccinations

Travel health consultations and vaccinations

Varies by vaccine

Blood Pressure Check

Blood pressure monitoring

18+

Prescription Collection & Delivery

Home delivery of prescriptions

18+

4.3 NHS Services

The following services are provided free of charge under the NHS:

  • NHS prescription dispensing
  • Minor Ailment Service (for qualifying conditions)
  • New Medicine Service (NMS)
  • NHS Pharmacy Contraception Service
  • NHS Blood Pressure Check Service
  • NHS Flu Vaccination (for at-risk groups)
  • NHS COVID-19 lateral flow tests (eligible patients)

NHS services are not subject to these Terms of Sale but are governed by NHS terms and our NHS contractual obligations.

4.4 Product Descriptions

We make every effort to ensure product descriptions and images are accurate. However:

  • Colours may appear differently on your screen
  • Packaging may change without notice
  • Manufacturers may alter formulations
  • We will notify you of any significant differences before dispatch

4.5 Availability

All products and services are subject to availability. If a product is unavailable:

  • We will notify you as soon as possible
  • We may offer an alternative product (which you may accept or decline)
  • If no alternative is acceptable, we will cancel your order and refund your payment

5. Price and Payment

5.1 Prices

  • All prices are in Pounds Sterling (GBP)
  • Prices include VAT where applicable
  • Prices are correct at the time of publication but may change
  • The price charged will be the price at the time you place your order

5.2 Price Errors

If we discover a pricing error before accepting your order:

  • We will notify you of the correct price
  • You may choose to proceed at the correct price or cancel
  • If we cannot contact you, we may treat the order as cancelled

5.3 Service Prices

Service

Price

Notes

Emergency Contraception

From £[XX.XX]

Includes consultation

Private Flu Vaccination

From £[XX.XX]

Includes vaccine and administration

Stop Smoking Consultation

£[XX.XX]

Follow-up appointments may apply

Blood Pressure Check

From £[XX.XX]

Includes written report

Prescription Delivery

£[X.XX] / FREE over £[XX]

Within [X] mile radius

Note: Prices are subject to change. Current prices are available on request.

5.4 Payment Methods

We accept the following payment methods:

  • Cash (in-store only)
  • Debit cards (Visa, Mastercard)
  • Credit cards (Visa, Mastercard, American Express)
  • Contactless payments (up to applicable limits)
  • Apple Pay / Google Pay
  • Bank transfer (for pre-paid orders)

5.5 Payment Terms

  • Payment is due at the time of ordering for online/telephone orders
  • Payment is due on collection for in-store orders
  • For services, payment is due before or at the time of the appointment

5.6 Payment Security

All card payments are processed through secure, PCI DSS-compliant payment systems. We do not store your full card details.

6. Delivery

6.1 Delivery Options

Option

Timeframe

Cost

Notes

Collection

When ready (usually same day)

FREE

Collect from pharmacy

Local Delivery

Same day / next working day

From £[X.XX]

Within [X] mile radius

Royal Mail Standard

2-5 working days

From £[X.XX]

UK mainland

Royal Mail Tracked

1-3 working days

From £[X.XX]

UK mainland

Next Day Delivery

Next working day

From £[X.XX]

Order by [X]pm

6.2 Delivery Restrictions

  • We only deliver to UK addresses
  • Some products (particularly medicines) may have delivery restrictions
  • Signature may be required for certain items
  • We cannot deliver to PO Boxes for medicines

6.3 Delivery Times

  • Delivery times are estimates and not guaranteed
  • Delays may occur due to factors outside our control
  • We will notify you of any significant delays
  • For time-critical medicines, please contact us directly

6.4 Risk and Ownership

  • Products remain our property until we receive full payment
  • Risk passes to you when the products are delivered
  • If delivery fails due to your absence, we will attempt redelivery or hold products for collection

6.5 Failed Delivery

If delivery fails:

  • For local delivery: We will attempt redelivery or return products to the pharmacy
  • For postal delivery: Standard Royal Mail/courier failed delivery procedures apply
  • Products not collected within 14 days may be returned to stock and refunded (minus any restocking fee where applicable)

7. Your Rights to Cancel

7.1 Your Statutory Rights

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order within 14 days of receiving your goods (the “cooling-off period”).

7.2 How to Cancel

To cancel, you must notify us clearly by:

  • Email: PharmacyFFT12@nhs.net (subject: “Cancellation”)
  • Post: Derby Street Pharmacy, 17 Derby Street, Hanley, Stoke-on-Trent, ST1 3LE
  • Telephone: 01782 215215
  • Using the Model Cancellation Form (see Section 7.8)

7.3 Cancellation Period

Type

Cancellation Period Begins

Cancellation Period Ends

Goods

Day after delivery

14 days after delivery

Services

Day contract is concluded

14 days after contract OR when service completed (if earlier)

Digital content

Day contract is concluded

14 days after contract

7.4 Exceptions – Goods

You CANNOT cancel orders for:

  • Medicines – Due to health, safety, and regulatory requirements, all medicines (GSL, P, and POM) are non-returnable once dispensed
  • Personalised items – Products made to your specification
  • Sealed goods – Products that cannot be returned for health or hygiene reasons if unsealed (e.g., medical devices, personal care items)
  • Perishable goods – Products that expire or deteriorate quickly
  • Mixed inseparable goods – Products inseparably mixed with other items after delivery

7.5 Exceptions – Services

Your right to cancel a service ends when:

  • You have expressly requested that we begin the service before the end of the cancellation period, AND
  • You acknowledge that you will lose your right to cancel once the service has been fully performed

7.6 Healthcare Service Cancellations

For healthcare appointments (consultations, vaccinations, etc.):

Notice Period

Refund

More than 24 hours

Full refund

Less than 24 hours

50% refund (discretionary)

No-show

No refund

Emergency cancellations: We understand emergencies happen. Please contact us as soon as possible and we will try to accommodate you.

7.7 Effects of Cancellation

If you cancel:

  • We will refund all payments received, including delivery costs (except for express delivery supplements)
  • We will make the refund within 14 days of receiving the returned goods OR receiving proof of return
  • We may withhold the refund until we receive the goods back or proof of posting
  • You are responsible for return postage costs unless the goods are faulty

7.8 Model Cancellation Form

To: Derby Street Pharmacy

    17 Derby Street, Hanley, Stoke-on-Trent, ST1 3LE

    Email: PharmacyFFT12@nhs.net

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods/for the provision of the following service:

_________________________________________________________________

 

Ordered on (*)/received on (*): ___________________________________

 

Name of consumer(s): ____________________________________________

 

Address of consumer(s): __________________________________________

 

______________________________________________________________

 

Signature of consumer(s) (only if this form is notified on paper):

 

______________________________________________________________

 

Date: _________________________________________________________

 

(*) Delete as appropriate

 

8. Returns and Refunds

8.1 Returning Goods

If you wish to return goods:

  1. Contact us first – Email or call us with your order details
  2. We will provide a returns authorisation – And instructions for return
  3. Pack items securely – In original packaging where possible
  4. Include proof of purchase – Order confirmation or receipt
  5. Return within 14 days – Of notifying us of cancellation

8.2 Returns Address

Derby Street Pharmacy 17 Derby Street Hanley Stoke-on-Trent ST1 3LE

Mark your parcel: “RETURNS – [Your Order Number]”

8.3 Faulty or Damaged Goods

If goods are faulty, damaged, or not as described:

  • Within 30 days: Full refund
  • Within 6 months: Replacement or repair (refund if not possible)
  • 6 months to 6 years: You must prove the fault existed at delivery

For faulty goods, we will cover reasonable return postage costs.

8.4 Non-Returnable Items

The following cannot be returned (unless faulty):

Category

Reason

All medicines (GSL, P, POM)

Regulatory and safety requirements

Medical devices (opened)

Hygiene

Cosmetics/toiletries (opened)

Hygiene

Personalised products

Made to specification

Clearance items

As marked at purchase

8.5 Refund Method

  • Refunds will be made using the same payment method as the original transaction
  • Refunds are processed within 14 days of receiving returned goods
  • You will receive email confirmation of your refund

8.6 Partial Refunds

We may make a deduction from the refund if:

  • The value of goods has diminished due to handling beyond what is necessary to establish their nature, characteristics, and functioning
  • You requested service commencement during the cancellation period (proportionate payment for services received)

 

9. Prescription Medicines

9.1 NHS Prescriptions

NHS prescriptions are dispensed under NHS terms:

  • No charge for dispensing (prescription charges may apply)
  • Current NHS prescription charge: £9.90 per item (frozen for 2025/26)
  • Prescription prepayment certificates (PPC): £32.05 (3 months) or £114.50 (12 months)
  • Approximately 89% of prescription items are dispensed free of charge due to exemptions
  • We can advise on exemption eligibility

Exemption categories include:

  • Age 60 or over / under 16 (or under 19 in full-time education)
  • Pregnancy or birth in last 12 months (with valid MatEx certificate)
  • Specified medical conditions (with valid MedEx certificate)
  • Receiving certain benefits (Income Support, Universal Credit, etc.)
  • NHS Low Income Scheme certificate holders
  • War pensioners (for accepted disabilities)

9.2 Private Prescriptions

For private prescriptions:

  • You pay the cost of the medicine plus a dispensing fee
  • Prices are available on request
  • Payment is due on collection or before delivery
  • A valid prescription is required before dispensing

9.3 Repeat Prescriptions

We offer repeat prescription services:

  • Nominated pharmacy for electronic prescriptions
  • Prescription collection from your GP surgery
  • Prescription reminders (with consent)
  • Home delivery (charges may apply)

9.4 Prescription Validity

Prescription Type

Validity Period

NHS (non-controlled drugs)

6 months from date of issue

NHS Controlled Drugs (Sch 2 & 3)

28 days from date of issue

Private prescriptions

Varies by drug (typically 6 months)

Private Controlled Drugs

28 days from date of issue

9.5 Clinical Checks

All prescriptions are subject to clinical review. We may:

  • Contact your prescriber to clarify or amend prescriptions
  • Refuse to dispense if there are safety concerns
  • Substitute generic medicines (where permitted)
  • Provide counselling on medicine use

10. Private Healthcare Services

10.1 Booking Appointments

  • Appointments can be booked online, by phone, or in person
  • You will receive confirmation of your booking
  • Please arrive 5 minutes before your appointment time
  • Bring identification and any relevant medical information

10.2 Consultations

All consultations are conducted by qualified healthcare professionals:

  • Pharmacists (GPhC registered)
  • Pharmacy technicians (where appropriate)
  • Healthcare assistants (under pharmacist supervision)

10.3 Consent

For all healthcare services:

  • We will explain the service and any risks/benefits
  • You must provide informed consent before treatment
  • Consent forms may be required for certain services
  • You can withdraw consent at any time

10.4 Contraindications and Refusal

We reserve the absolute right to decline to provide any product or service if:

  • It is clinically inappropriate in the professional judgment of our pharmacist
  • You have contraindications to treatment
  • We have concerns about your capacity to consent
  • You refuse to provide necessary information
  • We suspect misuse, abuse, or diversion of medicines
  • We believe supply would cause harm to you or others
  • The request is inconsistent with safe and effective pharmacy practice
  • You have provided false or misleading information
  • There are safeguarding concerns

Our clinical decisions are final. Our pharmacists are qualified healthcare professionals exercising clinical judgment. Their decision to refuse supply is not subject to negotiation or appeal.

In all cases:

  • We will explain our reasons where clinically appropriate and safe to do so
  • We will refer you to alternative services where possible
  • Our refusal does not constitute discrimination

10.5 Patient Responsibility

You are responsible for:

  • Providing accurate and complete information about your health, medications, and allergies
  • Reading and following all medication instructions and Patient Information Leaflets
  • Reporting any adverse effects promptly
  • Attending scheduled appointments or providing adequate cancellation notice
  • Collecting prescriptions within reasonable timeframes
  • Storing medicines appropriately as directed

10.6 Records

We maintain records of all consultations and treatments in accordance with:

  • GPhC professional standards
  • NHS information governance requirements
  • UK GDPR data protection requirements

You have the right to access your records – see our Privacy Policy.

11. Our Liability

11.1 Consumer Rights

Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015. You are always entitled to:

  • Goods that are of satisfactory quality
  • Goods that are fit for purpose
  • Goods that match their description
  • Services performed with reasonable care and skill

11.2 Liability for Faulty Goods

If goods are faulty or do not match their description, we are liable for:

  • Replacement, repair, or refund (as appropriate)
  • Any reasonably foreseeable loss or damage

11.3 Liability for Services

If we fail to perform services with reasonable care and skill, we will:

  • Re-perform the service at no additional cost, OR
  • Provide a refund (full or partial as appropriate)

11.4 Exclusions and Limitations

To the fullest extent permitted by law:

  • We are not liable for any indirect, consequential, special, incidental, or punitive losses
  • We are not liable for loss of profits, revenue, business, anticipated savings, goodwill, or reputation
  • Our total aggregate liability is limited to the price paid for the specific products or services giving rise to the claim
  • We are not liable for delays or failures caused by events outside our reasonable control
  • We are not liable for any losses arising from your failure to follow our advice or instructions
  • We are not liable for any adverse effects from medicines used contrary to instructions or recommendations

Business Customer Limitation: If you are purchasing for business purposes (not as a consumer), our liability is strictly limited to replacement of products or re-performance of services.

11.5 Indemnification

You agree to indemnify and hold harmless Derby Street Pharmacy, its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your breach of these Terms
  • Your misuse of products or services
  • Your provision of false or misleading information
  • Any third-party claims arising from your use of our products or services

11.6 Professional Liability

Nothing in these Terms limits our professional liability for:

  • Negligence in the provision of healthcare services
  • Breach of professional duties
  • Any liability that cannot be excluded by law

11.7 Events Outside Our Control (Force Majeure)

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, severe weather
  • War, terrorism, civil unrest, riots
  • Epidemic, pandemic, or public health emergency
  • Government actions, regulatory changes, or emergency legislation
  • Industrial action, strikes, or labour disputes (whether or not involving our employees)
  • Utility failures (electricity, gas, water, telecommunications)
  • Transport or logistics failures
  • Supplier or third-party service provider failures
  • Cyber attacks or IT system failures beyond our control
  • Shortages of materials, medicines, or raw materials
  • Fire, explosion, or other casualty

In such circumstances:

  • e will notify you as soon as reasonably practicable
  • Our obligations will be suspended for the duration of the event
  • If the event continues for more than 30 days, either party may terminate the contract
  • We will refund any payments for services not provided

11.8 Entire Risk

You acknowledge and agree that:

  • You are responsible for ensuring products are suitable for your intended use
  • Medicines should only be used as directed by a healthcare professional
  • You accept full responsibility for how you use products after purchase

12. Your Personal Information

12.1 How We Use Your Information

We collect and process personal data to:

  • Fulfil your orders
  • Provide healthcare services
  • Manage your account
  • Communicate with you
  • Comply with legal and regulatory obligations

12.2 Privacy Policy

Full details of how we handle your personal data are in our Privacy Policy, available on our website.

12.3 Health Information

We process health information under:

  • Article 9(2)(h) UK GDPR – healthcare provision
  • NHS information governance frameworks
  • GPhC professional standards

12.4 Your Rights

You have rights including:

  • Access to your data
  • Rectification of inaccurate data
  • Erasure (subject to legal retention requirements)
  • Restriction of processing
  • Data portability
  • Objection to processing

13. Complaints

13.1 How to Complain

If you are unhappy with our products, services, or how we have handled your order:

  1. Contact us directly:
  1. We aim to resolve complaints:
  • Acknowledgement within 3 working days
  • Full response within 20 working days

13.2 Escalation

If you are not satisfied with our response:

For pharmacy services:

For NHS services:

For consumer issues:

13.3 Alternative Dispute Resolution

For unresolved disputes about purchases, you may use an alternative dispute resolution (ADR) provider.

Mediation First: Before commencing any legal proceedings (except for urgent injunctive relief), both parties agree to attempt resolution through mediation. The mediation shall be:

  • Conducted by a mutually agreed independent mediator
  • Held at a location in Staffordshire or by video conference
  • Completed within 30 days of the mediator’s appointment

We are willing to engage with ADR through:

  • The Retail Ombudsman (if applicable)
  • Local Trading Standards mediation
  • Centre for Effective Dispute Resolution (CEDR)

Limitation on Claims: Any claim must be brought within 2 years of the date you became aware of the matter (or should reasonably have become aware), subject to any shorter limitation periods required by law.

13.4 Costs

In the event of legal proceedings:

  • Each party shall bear their own costs unless the court orders otherwise
  • We reserve the right to recover reasonable legal costs if you bring a frivolous or vexatious claim

14. Other Important Terms

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any specific service terms, constitute the entire agreement between you and us.

14.2 Amendments

We may update these Terms from time to time. The version applicable to your order is the one in force when you place your order.

14.3 Transfer

We may transfer our rights and obligations to another organisation, but this will not affect your rights.

14.4 Rights of Third Parties

This Contract is between you and us. No other person has rights to enforce its terms.

14.5 Severability

If any provision of these Terms is found invalid, the remaining provisions remain in effect.

14.6 Governing Law

These Terms are governed by English law. Disputes will be subject to the exclusive jurisdiction of the English courts (with exceptions for residents of Scotland and Northern Ireland).

14.7 Language

These Terms are available in English only.

Contact Us

Derby Street Pharmacy 17 Derby Street Hanley Stoke-on-Trent ST1 3LE

Telephone: 01782 215215 Email: PharmacyFFT12@nhs.net Website: web.derbystreetpharmacy.org.uk

Opening Hours: Monday – Friday: 8am – 6:30pm Saturday: 9am – 1pm Sunday: Closed

Document Control

Version

Date

Changes

1.0

December 2024

Initial release

Expert Care Every Step of the Way

 

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