Terms & Conditions

Legal Disclaimer

  1. All information on this website is provided as general information about us.
  2. All the details contained in our website have been carefully checked. We make every effort to expand and update this information on an on-going basis. However, we cannot guarantee the accuracy, completeness and currency of the website. No liability is assumed for damages related to the information provided.
  3. Our hints and tips articles do not constitute either an individual consultation or a recommendation. Please contact our telephone support team in order to obtain advice or supplies geared specifically towards your personal needs. If you have health problems you should always consult a healthcare professional first.
  4. We have no influence on the current or future design of the content of linked pages. And expressly distance ourselves herewith from the content of all linked pages.
    This statement applies to all links and references within our website as well as to external entries.
    Any liability on our part for illegal, erroneous or incomplete content on linked pages and in particular for damages arising from the use or non-use of such information is excluded.
  5. We reserve the right to change and update this website without prior announcement. Any liability in this connection is excluded.
  6. This website is provided via a UK-based server.

Data Protection

We take the protection of your personal data very seriously. We want you to know when we save data, which data is involved and how we use it.

Personal data

Personal data is information which can be used to find out your identity. This includes details such as your real name, address, postal address and telephone number.

You can always use our website without revealing your identity. However if you register for one of our personalised services or order a product, we ask you for your name and other personal details. You decide freely whether or not you enter these details.

We save your data on specially protected servers. Only a few specially authorised individuals involved in technical, business management or editorial work are able to access this server.

Sharing personal data with third parties

We only use your personal data within our company and associated companies in connection with product orders or contact enquiries. We do not share it with third parties without your express consent. If data is shared with service providers under contract, they are also bound by the relevant privacy and data protection laws.

Right of withdrawal

If you have shared personal data with us when placing an order or making a contact enquiry, you can have this data deleted at any time. Data for accounting purposes is not affected by cancellation or deletion.  Please contact us.

Links to other websites

Our website contains links to other websites. We do not have any influence on whether or not the operators of such websites adhere to data protection regulations.

Questions and comments

For more information read our privacy policy. Should you then have any questions, suggestions or comments on the subject of data protection, please contact us using any of the options provided on our Contact Us page.

General Terms and Conditions

  1. Scope of application
    1. The General Terms and Conditions set out below apply to all contracts, deliveries and other services or business relations between us and you, the customer.  Our terms and conditions shall take priority unless we agree something to the contrary.Our customers include wholesalers, retailers, manufacturers, health insurance companies and mail order pharmacies as well as patients.
    2. Deviating verbal agreements, ancillary agreements and changes to the agreements made are valid only on written confirmation by us.
  2. Conclusion of contractOffers made by us are subject to change. Where applicable prices are in £sterling and include VAT.  Deliveries are made at the prices valid at the time the order was received. The contract is not concluded until the goods are delivered, regardless of confirmation of receipt of the order.
  3. Order processing
    1. Relationship vis-à-vis patients
      1. An order is placed when the healthcare professional or patient passes a prescription to us. The delivery is based solely on the prescription.
      2. Sales representatives are not authorised to grant contractual conditions deviating from these terms and conditions or to guarantee specific properties of products where these are not expressly confirmed in writing by the manufacturing company.
    2. Relationship vis-à-vis wholesalers/manufacturers/mail order pharmaciesPurchase orders are made by us by arrangement in writing or by telephone and are binding on us only if confirmed by us or if we receive the goods in question.
  4. Delivery, complaints
    1. Relationship vis-à-vis patients
      1. Products can be delivered to any UK location specified by the patient subject to the delivery being receipted.
      2. Unless expressly agreed to the contrary in writing, delivery dates are not binding. If an agreed delivery deadline is exceeded for any reason attributable to our fault or negligence, default of delivery shall not apply until a 4-week extension has been set in writing by the patient, including a statement that delivery shall be refused after this period has expired. If the deadline expires without delivery, the person has a right of withdrawal; additional rights, of whatever kind, in particular damages, are excluded unless we caused the default of delivery intentionally or through its gross negligence.
      3. Force majeure events entitle us – even within the default period – to postpone delivery for the duration of the impediment or, in the case of an impediment that cannot be eliminated during this period, to withdraw wholly or partially from the contract because of to the unfulfilled part thereof without there being any entitlement to derive claims against us. Force majeure is defined as any circumstances which are not our responsibility and which make provision of the service by us impossible or unreasonable, such as strike, lock-out, mobilisation, war, war-like situations, blockade, import and export bans, traffic stoppages, official measures, shortage of energy and raw materials etc., whether these apply to us or to an upstream-supplier or subcontractor.
    2. Relationship vis-à-vis wholesalers/manufacturers/mail order pharmacies
      1. Deliveries to wholesalers/manufacturers/mail order pharmacies are made to the delivery locations stated by us. The place of performance and effect in each case is the place of delivery specified by us. Partial deliveries are permitted if we have given prior consent.
      2. The wholesaler/manufacturer has unlimited responsibility for procurement of the supplies and services required for the products – even if not at fault.
      3. All contracts relating to deliveries and services and all other agreements and legally relevant statements must be confirmed in writing or by fax by us to be legally valid.
      4. In the event of justified complaints of any kind in connection with delivery of goods and in addition to the right to new delivery of replacement goods free of defects against return, we reserve the right to additional claims, in particular claims for damages due to non-delivery or late delivery as well as for any other actual or legal reason.
      5. The wholesaler/manufacturer/mail order pharmacy is liable for any default in the event of delay. He/she shall also be also liable for provision of the service even in unforeseeable circumstances, unless the damage would have occurred even if the delivery had been made on time.
    3. Relationship vis-à-vis other customers
      1. If a product to be supplied by us can no longer be supplied due to force majeure or because of discontinued production and we cannot procure the ordered goods under reasonable conditions, we shall be exempted from the delivery deadline insofar as the circumstances do not arise until after contract conclusion and we are not responsible for them. In this case the customer shall be informed immediately. Any payments already made by the customer shall be reimbursed. If a product is only temporarily unavailable for the above-mentioned reasons, the delivery deadline shall be extended for the duration of the impediment.
      2. Partial deliveries are admissible insofar as the customer can reasonably be expected to accept them. If we exercise our right of partial delivery, the customer shall be notified immediately.
      3. The risk of accidental destruction or accidental deterioration of goods purchased by mail order shall be governed by the statutory regulations.
      4. Information provided by us as to the delivery period is not binding.
  5. Title retention
    1. Goods delivered by us shall remain our property until full payment of all outstanding accounts including ancillary costs such as interest for delay, legal costs and financing costs including those arising from previous or future deliveries.
    2. On request the customer shall provide all the necessary information on the stock of goods belonging to us.
    3. For the duration of title retention, the customer shall bear responsibility for the object of purchase, in particular the risk of accidental destruction or deterioration.
  6. Payment terms, additional payments, passing of risk
    1. Relationship vis-à-vis patients
      1. Only under emergency situations will goods be provided prior to receipt of prescription.
      2. Legally required additional payments are included in invoices issued for persons holding statutory health insurance.
      3. Prices are calculated to include the currently valid rate of value added tax.
      4. Deliveries can be listed only in complete packaging/shipment units.
    2. Relationship vis-à-vis wholesalers/manufacturers/mail order pharmacies
      1. Prices are calculated as contractually agreed with wholesalers/manufacturers/mail order pharmacies.
      2. Prices are calculated to include the currently valid rate of value added tax.
      3. Deliveries can be accepted only in complete packaging/shipment units.
    3. Relationship vis-à-vis other customers
      1. Ancillary costs such as the costs of shipment or costs of special safeguards and protective facilities shown separately on the invoice are charged to the customer.
      2. Packaging is only to be paid by the customer if it is invoiced. Special costs apply to orders with special delivery services.
  7. Right of return and cancellation
    1. Patients are not entitled to return delivered goods. In particular, we do not accept the risk of products being damaged due to incorrect storage.
    2. Cancellation rights:  Consumers have a right of cancellation in relation to goods which by their nature are suitable for return (unused and in the original packaging) and which are not specifically tailored to personal needs. In the case of contracts that include a right of cancellation, a consumer can cancel the contract without giving reasons within 48 hours from receipt of the goods.  The deadline for cancellation shall be deemed to have been observed if notice of cancellation is dispatched within this period.
    3. The cancellation is to be sent to: Oakmed Limited; Unit B; The I O Centre; Barn Way; Lodge Farm Industrial Estate; Northampton.  NN5 7UWThe cancellation must include a copy of the delivery note or invoice showing when the goods were ordered. If not, a 10% processing fee shall be charged. The purchase price shall be reimbursed either by bank transfer or credit. In the case of missing original packaging, traces of use, damage, lettering etc. the consumer shall pay compensation for loss of value accordingly.
    4. Consequences of cancellation: In the event of an effective cancellation on the part of the consumer, benefits received by both parties (including any shipment costs paid by the consumer) are to be reimbursed. If the consumer can only return the benefits received in part, in deteriorated condition or not at all, the consumer shall compensate for lost value accordingly. In the case of goods whose total order value does not exceed the sum of £40.00, the consumer shall bear the costs of return shipment unless the goods supplied are defective or were wrongly supplied. Otherwise we shall bear the cost of return shipment.
    5. If the ordering party is an entrepreneur statutory provisions shall apply exclusively. The costs and risk of return in this case shall be borne by the customer.
  8. Payments, default, offset
    1. Invoice amounts are payable in full within 30 days of receipt of the invoice. A discount is granted on payments made earlier. The day of payment is defined as the day on which the amount due is received by us.
    2. If the payment deadline is exceeded, interest will be charged at the rate of 5 % above the Bank of England base rate.  The statutory right to damages for delay remains unaffected. In the case of invoices in which a consumer is not involved, the interest rate is 8% above the base rate referred to above. The right to claim or provide evidence of higher or lower damages for delay remains valid.
    3. Only undisputed or judicially determined claims shall entitle the health insurance company/person holding health insurance or consumer to offset or withhold payment.
  9. Data protection
    1. We adhere to the UK statutory provisions on data protection and handle customers’ personal data in confidence. Please note that data required for handling business transactions is processed and saved.
    2. By submitting an order, the customer consents to the IT processing of the data included with the order insofar as this is necessary and legally admissible for processing the order.
    3. We are entitled to contract third parties to deliver ordered goods, to collect outstanding accounts in the event of default and to pass on all the data required to the contracted parties. We are also entitled to use the business partner’s data and pass it on to third parties for the purpose of customer support measures.  We undertake not to pass on the data for any other purpose. The customer can revoke his or her consent either partly or wholly with future effect. In this case, we undertake to delete the data without delay.
  10. Warranty, notice of defects, claims for defects
      1. We are not responsible for material defects in the deliveries that we order from third parties and passes on unchanged to the customer; responsibility in case of deliberate or negligent action remains unaffected.
      2. If subsequent fulfilment incurs unreasonably high costs for us and therefore represents an undue burden, we can refuse subsequent fulfilment. In the event of refusal of subsequent fulfilment or delayed choice of warranty rights or in the case of failure of subsequent fulfilment, the customer can demand cancellation or reduction as he wishes.
      3. All warranty claims become time-barred after no more than two years. If admissible, the warranty is limited to the scope of liability of the upstream supplier/manufacturer.
    1. Relationship vis-à-vis wholesalers/manufacturers/mail order pharmacies
      1. The customer shall inspect the goods supplied by us on receipt as to their condition and purpose and also in relation to the Medical Devices Act for defects, erroneous delivery, quantity deviation and the like. The goods shall be deemed to be approved if a notice of defects is not received immediately in writing or by fax by us or no later than ten days after receipt of the delivery item or, if the defect was not identifiable on immediate, careful inspection, within ten days of discovery of the defect.
      2. If notification is delayed, warranty and damage claims are excluded. Obvious defects are to be reported immediately. Transportation damage is to be reported to the shipping agent and us.
      3. We undertake for our part to report defects in quality and title to the wholesaler/manufacturer/mail order pharmacy within two months of discovering such a defect. The defects are to be described in as much detail as possible. This provision does not represent a preclusion deadline for warranty rights.
    2. Relationship vis-à-vis patients
      1. The warranty shall be governed by the statutory provisions insofar as nothing to the contrary is stated in the General Terms and Conditions.
      2. In accordance with legal requirements, the customer is initially entitled only to subsequent fulfilment in the case of defects in the item delivered. To this extent, the customer can choose whether the subsequent fulfilment should be by improvement or replacement. However, we are entitled to refuse the selected method of subsequent fulfilment if it were to incur unreasonably high costs and the other method of subsequent fulfilment does not present significant disadvantages to the customer.
  11. Liability for damages for cause
    1. Liability for damages, insofar as it arises out of fault or negligence, is excluded or limited according to the following provision. This applies to all reasons, e.g. in the case of breach of obligation consumer regulation, impossibility, default, defects and in the case of tortious liability.
    2. In the case of slight negligence on the part of bodies, legal representatives, employees or other vicarious agents, we shall not be liable except in cases of liability for injury to life, body or health.
    3. In the case of gross negligence of employees or other vicarious agents, we are not liable except in the case of violation of points essential to the contract or injury to life, body or health.
    4. In any case – except wilful damage – any obligation to pay compensation on our part is limited to such damage as was foreseeable as a possible consequence of the action requiring compensation.
  12. Place of jurisdiction and applicable lawAny dispute, claim or other matter which may arise will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.
  13. Invalid provisionsAny change to or potential invalidity of individual provisions shall not affect the validity of the remaining provisions.N.B. We keep our terms and conditions under regular review. This notice was last updated on 14th February 2018.

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