Terms & Conditions
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you which you have ordered online via our website (https://www.fillersuppliers.com/).
1.2 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. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- 1.3.1 you are an individual; and
- 1.3.2 you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. 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 will 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
2.1 We are FCL Health Solutions Limited a company registered in England and Wales. Our company registration number is 08745931 and our address is California, USA. Our registered VAT number is 257586362.
2.2 You can contact us by:
- 2.2.1 telephone: number
- 2.2.2 email: email@example.com
- 2.2.3 post: Filler World, Guardian House, Cronehills Linkway, West Bromwich, West Midlands, B70 8GS
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the products. This might be because the product you have ordered is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we cannot deliver to your selected delivery location or because we have identified an error in the price or description of the product ordered.
3.3 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.
4. THE PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. You should pay particular attention to the title description and main product description for the products.
4.2 The packaging of the products may vary from that shown in images on our website.
4.3 All products should be administered by a medical professional.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the products you have ordered 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 of the products, 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
We may change the products:
- 6.1.1 to reflect changes in relevant laws and regulatory requirements; and
- 6.1.2 to implement minor technical adjustments and improvements.
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website and confirmed to you during the order process. The delivery costs will be dependent upon the delivery service you select during the order process. All items must be signed for as proof of delivery. Our carrier will deliver the products to the address given in your order so please ensure that the delivery address given is accurate.
7.2 Delivery outside the UK. We will at our discretion deliver products to countries outside the United Kingdom. However, there are restrictions on some products for certain international delivery locations so you should seek out information to establish whether that applies to your desired delivery location before ordering products. If you order products from our website for delivery to a country outside the United Kingdom, your order may be subject to import duties and taxes and/or medical laws and regulations which are applied or become applicable when the delivery reaches that international delivery destination. Please note that we have no control over any such charges and we cannot predict their amount and you will be responsible for payment of any duties and taxes. Please contact your local customs office for further information before placing your order. If you order products to be delivered to an international delivery location and the products do not reach you due to import/customs issues, we will not be liable to issue any refund to you in respect of those products. You must comply with all applicable laws and regulations of the country for which products are destined and we will not be responsible if you break any such law.
7.3 When we will provide the products. During the order process, we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible. If we are delivering products to a delivery location which is outside of the United Kingdom, deliveries can take up to 7 – 14 working days from our acceptance of your order. In terms of dispatch timings and as a general guideline:
- 7.3.1 if the product you have ordered is in stock, we will dispatch the product to you within 2 working days of our acceptance of your order;
- 7.3.2 if the product you have ordered is not in stock, we will use all reasonable endeavours to dispatch the product to you within 7 – 14 working days of our acceptance of your order.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If you are not at home when the products are delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.
7.6 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.1 will apply.
7.7 When you become responsible for the products. Products will be your responsibility from the time we deliver them to the address you gave us.
7.8 When you own products. You own products once we have received payment in full.
7.9 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, for example, a prescription. If so, this will have been stated in the description of the products on our website. We will 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 9.1 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 at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 To end the contract with us, please let us know using the contact details at clause 2.2.
8.2 Ending the contract where we are not at fault and there is no right to change your mind. If you want to end a contract before the products are delivered and paid for, where we are not at fault and you are not a consumer who has changed their mind, please 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 reasonable compensation for the net costs we will incur as a result of your ending the contract and we will also charge a carriage fee which will be deducted from the refund amount if we have already dispatched the products by the time you contact us to confirm that you wish to end the contract.
8.3 If you end the contract for any reason after products have been dispatched to you or you have received them, you must post them back to us at your cost or allow us to collect them from you.
8.4 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 8.4.1 to 8.4.4 (below) the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- 8.4.1 we have told you about an upcoming change to the products or these terms which you do not agree to);
- 8.4.2 we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
- 8.4.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
- 8.4.4 you have a legal right to end the contract because of something we have done wrong.
8.5 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. As a consumer, you have statutory rights in relation the products and those rights are not affected by our Returns Policy as described in clause 8.8 or by these terms generally.
8.6 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- 8.6.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- 8.6.2 cold chain products;
- 8.6.3 any products which become mixed inseparably with other items after their delivery.
8.7 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.8 Returns Policy
- 8.8.1 If you are unhappy with the products you have purchased, notify us within 5 days* of receipt and we will either replace them, allow you to exchange them or provide you with a refund. Please call us or email us and provide us with your order number.
- 8.8.2 *The 5 day period. You have 5 days after the day you (or someone you nominate) receives the products to change your mind, unless your products are split into several deliveries over different days. In this case, you have until 5 days after the day you (or someone you nominate) receives the last delivery.
- 8.8.3 The policy outlined at clause 8.8 does not apply in respect of any products which:
- (a) become mixed inseparably with other items after their delivery;
- (b) have been opened, used or damaged (including damage incurred in transit back to us) unless we agree the product is faulty;
- (c) cold chain products;
- (d) have been purchased as an ePrescription order via FCL Chemist.
8.9 When we will bear the costs of return. We will pay the costs of return:
- 8.9.1 if we agree that the products are faulty or misdescribed;
- 8.9.2 if you are a consumer and the products are not in conformity with this contract pursuant to clause 11; or
- 8.9.3 if you are ending the contract because we have told you of an upcoming change to the products 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,
in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return which will be deducted from any refund amount payable to you.
8.10 What we charge for collection. If you are responsible for the costs of return and we collect the products from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
8.11 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 including delivery costs, by the method you used for payment. We will make refunds due to you within 14 days of the day on which we collect the products from you or we receive the products back from you.
8.12 When we may make deduction from refunds. We may reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if you do not, within a reasonable time:
- 9.1.1 allow us to deliver the products to you;
- 9.1.2 of us asking for it, provide us with information that is necessary for us to provide the products, for example, your prescription,
and if we end the contract for one of these reasons, 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.
10. VOUCHER CODES, OFFERS AND DISCOUNTS
10.1 If we provide you with a voucher code, such code will be valid for a maximum period of 6 months from the date of issue. On expiry of that 6 month period, all voucher codes will become non-redeemable.
10.2 We reserve the right to amend or withdraw any of our promotional codes, offers, voucher codes and discounts at any time at our discretion.
10.3 If we consider or suspect that you have utilised any of our voucher codes incorrectly or in circumstances whereby they should not have been utilised, we reserve our right to cancel your order without notice or liability to you save that we will refund any monies you have paid for products but not received.
11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
12.1 You acknowledge that we do not manufacture the products. If the manufacturer of the products has given a warranty or guarantee to us in respect of the products, we will use all reasonable endeavours to transfer the benefit of any such warranty or guarantee to you.
12.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Products Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
13. PRICE AND PAYMENT
13.1 Where to find the price for the products. The price of the products (which includes 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 products advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the products you order.
13.2 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 products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
13.3 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.
13.4 When you must pay and how you must pay. We accept payment by bank transfer, credit card and debit card. You must pay for the products at the time you place your order on our website and before we dispatch them. We will charge your credit or debit card (or other selected payment method) when we accept your order.
13.5 Our right of set-off if you are a business customer. If you are a business customer 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).
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
14.2 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
15.1 Nothing in these terms will limit or exclude our liability for:
- 15.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- 15.1.2 fraud or fraudulent misrepresentation;
- 15.1.3 breach of the terms implied by section 12 of the Sale of products Act 1979 or section 2 of the Supply of products and Services Act 1982;
- 15.1.4 defective products under the Consumer Protection Act 1987; or
- 15.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 All terms implied by sections 13 to 15 of the Sale of products Act 1979 and sections 3 to 5 of the Supply of products and Services Act 1982 are excluded.
15.3 Subject to clause 15.1:
- 15.3.1 we will 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
- 15.3.2 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, will be limited to 100% of the total sums paid by you for products under such contract.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person will have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 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.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
17.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use, please contact us for details. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
17.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, 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) will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.