Last Updated: 12/12/2024

1. Introduction

1.1. These Terms of Sale (“Terms”) govern the supply of products and services, including prescription-only products through our website (the “Website”).

1.2. Please review these Terms carefully before placing an order. They contain essential information about our products and services, including who we are, how we operate, and how to address any issues.

1.3. If you do not agree to these Terms, please refrain from purchasing products on the Website.

2. About Us and basis of contract

2.1. The Family Health Group Ltd, trading as Happen (“The Family Health Group,” “we,” “us,” or “our”) owns and operates this Website. We are a company registered in England and Wales under company number 14982976. Our registered office address is St Peters House, Suite 2, Silverwell Street, Bolton, England, BL1 1PP.

2.2. You can contact us at [email protected].

2.3. Our pharmacy’s registered address is St Peters House, Suite 2, Silverwell Street, Bolton, England, BL1 1PP. We are registered with the General Pharmaceutical Council (“GPhC”) under number 9012230. Pharmacy: The Family Health Pharmacy

2.4. Superintendent Pharmacist: Jamila Maqsumi Mohamed

2.5. GPhC Registration: 2231903

3. Products and Services supplied by The Family Health Group

3.1. We sell medical prescription-only products and over-the-counter products (together referred to in these Terms as “products”).

3.2. The Family Health Group will provide you with the following non-clinical services:

3.2.1. Collecting and verifying information for the initial assessment of your suitability for our medical products;

3.2.2. Scheduling consultations with clinicians; and

3.2.3. Liaising with you in relation to payment of fees and your appointment with the clinician.

3.3. Please note that any clinical consultations and prescriptions (together referred to as “clinical services”) will be carried out by clinicians who are independent third parties.

3.4. Our clinicians are registered with the General Pharmaceutical Council in the United Kingdom and hold accredited pharmacist independent prescriber qualifications. They are trained to conduct remote consultations and prescribe medicine online. Each clinician is individually responsible for the prescriptions they issue and any medical advice they provide.

3.5. The Family Health Group is responsible for ensuring that the clinicians we work with have all required registrations and qualifications to carry out the clinical services. However, please note that we have no control over and accept no responsibility for the acts and omissions of any such third-party clinicians.

3.6. We will contact you via phone, email, or post using the contact details provided with your order.

3.7. You acknowledge that our advice is supplementary to your primary healthcare provision, and you should inform your primary healthcare provider about treatments received through our service. If you are unclear about any aspect of our service or the advice provided, consult with your regular healthcare provider.

4. There are other terms that may apply to you

4.1. Our Website Terms of Use explain how you can access and use our Website.

4.2. Our Privacy Policy explains how we may use your personal information.

4.3. Our Cookie Policy sets out information about the cookies on our Website. Please also read these terms carefully so you understand them.

5. Conditions of contract and information you provide to us.

5.1. You must be registered on our Website to request services or order products.

5.2. The supply of prescription-only products and the related services to you is:

5.2.1. Conditional on your suitability for these products and the requested treatment; and

5.2.2. Subject to an online consultation by a clinician based on completed questionnaires and additional clinician inquiries if necessary.

5.3. Our clinicians will review your information to confirm if the requested treatment is suitable for you.

5.4. You agree to provide us with honest, accurate, reliable, and complete information. You understand that withholding any medical information could be detrimental to your health and safety. We may refuse to provide products or services to you if you withhold any information we request or provide information which is incorrect or incomplete in any way. You must inform us immediately if any change occurs in your medical history or status or any other information you have provided to us.

5.5. If following the initial questionnaire further information is required for your order, you must provide all requested information within 4 weeks. Please note that if you do not provide the requested information on time, your order will be cancelled; you may be charged a small cancelation fee.

5.6. You understand that we must adhere to professional and legal guidelines when supplying medications, which may restrict quantities.

5.7. Please communicate with clinicians via email to [email protected].

5.8. Always read and follow the instructions on medication packaging. Ensure that any medicines received are not consumed after their expiry date.

5.9. Safeguard any medications delivered to you and ensure they are not accessible to others.

5.10. The information you provide to us as part of the initial assessment will be verified by our trusted partner. Please see our Privacy Policy for details of the information we share with the verification partner. Our verification partner will match your data to a database of public resources to determine whether the information you have provided us with is indeed correct.

5.11. If we are unable to verify your identity in this way, you will receive an email asking you to provide us with a copy of your passport, driver’s license, birth certificate or residence permit. These are all securely stored with The Family Health Group and are required in order to process your order if the verification carried out by our verification partner fails.

5.12. In some circumstances, we may also need to verify your address. To do this, we will need you to provide proof of address in the form of a utility bill or bank statement. This data will be passed on to our verification partner. Our verification partner will match your data to a database of public resources to determine whether the information you have provided us with is indeed correct.

5.13. When you register on our Website to receive our product or service, you consent to the creation of an online patient record. Please see our Privacy Policy for details.

6. Orders and Online Consultation Process

6.1. You must be 18 years old or over to place an order for our products or services.

6.2. Products are delivered within the UK only.

6.3. By placing your order, you declare and confirm (i) that you are 18 years of age or older; (ii) that you are purchasing our products or services in your own name; (iii) that you will not allow any other person to use the product and services under your name, nor will you, in using the product or services, pretend you are someone else, or seek to disguise your identity; (iv) that you are only using the products and the services for your own benefit and not for the purposes of providing services and/or products to others; and (v) all information that you provide is complete, accurate and not misleading in any way.

6.4. Upon placing an order, we will confirm its receipt. Your order is an offer to us to purchase our products or services and will not be binding on us until we have accepted it. Our acceptance of your order will take place when we notify you that we have accepted it.

Prescription Only Medicines:

6.5. Prescription-only medicine plans are provided on a subscription basis. If a treatment is deemed clinically appropriate, our clinicians will review and determine whether to approve your recommended treatment plan. Upon acceptance, we will confirm the issuance of your prescription, and the contract will be established. Payment for prescription-only medicines will be refunded if the treatment is not suitable for you.

6.6. Prescriptions are securely sent to our pharmacy for dispensing and dispatch. If further information is required, you will be notified, and the order will not proceed until necessary details are provided. Please note that you have 4 weeks to provide the requested information before your order will be cancelled and a refund processed. There may be a small cancelation charged.

6.7. We may also transfer your prescription to a dispensing pharmacy partner. We will collect consent to transfer your prescription and share your information at the end of your consultation. We will provide you with the relevant information about this pharmacy by email. If you have any questions regarding this please contact us on [email protected].

6.8. Treatment plans provided on the Website are indicative, and the final prescription is subject to clinical assessment. Discontinuation of a medicinal product may occur if it becomes clinically unsuitable.

6.9. Should you wish to have your prescription dispensed by a pharmacy of your choice please let us know by contacting us prior to it being dispensed by our pharmacy or our dispensing partner pharmacy. You may be charged an administration fee for this.

6.10. Sometimes we reject or cancel orders. This may be because the product is out of stock, there is a problem with the authorisation of your method of payment, because you are outside our delivery areas (outside of the UK) or because we have identified an error in the price or description of the product.

6.11. For prescription-only products this might be because the clinician has confirmed that you are not suitable for the product. We will always try to pick up any of these prior to accepting your order but this is not always possible, and sometimes we may need to cancel your order. If this happens, we will inform you as soon as possible and provide a full refund to the payment method you used.

6.12. Prescription-only products are issued to you only. They are dispensed to you for your own personal use, to treat a specific condition applicable to you alone, and must not be shared with or used by any other person. We do not dispense prescription products to anyone on your behalf.

Other Products:

6.13. Non-prescription product orders will be confirmed without an online consultation, and payment will be processed upon order placement.

6.14. We reserve the right to decline orders due to clinical appropriateness, stock availability, resource limitations, pricing errors, or inability to meet specified delivery deadlines. If we are unable to accept your order, we will inform you of this and will not charge you for the relevant product or service.

6.15. Refunds for declined orders may take up to 10 working days to be processed.

7. Subscription (Prescription Only Medicines)

Subscription Payment Schedule

7.1. Prescription-only medicines can be sold on a subscription basis for a maximum of 12 months’ supply, subject to clinical assessment. By purchasing a subscription for prescription medication, you agree to receive the treatment on a 4-week rolling basis. Payment for each subscription period will be automatically charged at the rate specified at the time of purchase, unless otherwise adjusted by us with prior notice. If your prescription is approved and you are enrolled in a subscription for prescription-only products, your payment will be processed on a recurring (4 weekly) basis. The first full payment will be processed when your order is confirmed, and subsequent payments will be charged approximately 28 days thereafter. With the exception of the second prescription order which will be charged 21 days after the first purchase to ensure you receive your medication on time.

Tokenized Payment Authorisation

7.2. When you place an order for our subscription-based services or products, we will authorize a tokenized payment of £0 at the time of your order. This tokenization process allows us to securely store your payment details without processing any charges until your order is confirmed by our clinician. Once the clinician has approved your order, the full payment will be processed using the stored payment token.

Advance Payment Before Shipment

7.3. Subscription payments will be collected up to 7 days before the next dose is dispatched to ensure continuity of your subscription. This ensures there is no disruption in the delivery of your medications.

Continuous Payment Authority

7.4. By subscribing to our services, you grant us continuous payment authority, allowing us to charge the payment method on file for recurring 4-weekly payments; as outlines in Clause 7.1, until the subscription is canceled. You may cancel the subscription at any time (see clauses 11 & 12 for more details), but no refunds will be issued for medication already approved and dispensed. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method.

Expiry or termination of Subscription

7.5. Subscribers will receive renewal notices before expiration, with options to renew or cancel. These communications will be sent at least one month before subscription expiry.

7.6. Subscribers can cancel at any time with notice, and we reserve the right to cancel subscriptions with notice to customers.

7.7. Upon cancellation, no further charges will be made, and no further products will be dispatched.

7.8. Terminated subscriptions will not be refunded for medication already approved and dispensed.

Continuous Review

7.9. As part of our commitment to patient safety and treatment efficacy, a clinical review will be conducted every three months by our healthcare professionals (the Quarterly Review) to assess:

7.9.1. The effectiveness of the treatment (e.g., weight loss progress).

7.9.2. The occurrence of any adverse side effects.

7.10. The continuation of treatment is subject to the outcome of the Quarterly Review and at the absolute discretion of the prescribing healthcare professional may result in:

7.10.1. The continuation of the treatment. If the patient shows adequate progress and no severe side effects. Or

7.10.2. The modification, pausing or discontinuing of the treatment. If no significant weight loss is observed, or if the patient experiences severe side effects.

7.11. In cases where the treatment is paused or stopped, patients will be informed with guidance on the next steps or alternative treatments.

7.12. Patients are required to complete the Quarterly Review to ensure their subscription remains active. Failure to attend the Quarterly Review may result in temporary suspension of the medication delivery until the review is completed.

Notification of side effects

7.13. If a patient experiences any unexpected or severe side effects at any time, they are required to notify our healthcare team immediately. In such cases, the treatment may be stopped immediately, and any remaining medication should not be used unless otherwise instructed by a healthcare professional.

Prescribing Guidelines

7.14. All treatments provided as part of the subscription model follow strict prescribing guidelines to ensure patient safety. We reserve the right to adjust or stop treatments based on new medical information or changes in clinical guidelines without prior notice, but patients will always be informed.

8. Our products and availability

8.1. Product images on our Website are for illustrative purposes, and actual products may vary slightly.

8.2. All products are subject to availability. We may withdraw products at any time. If this affects you we will let you know and give you the alternative of another product (where available), or provide a full refund of any advanced payments for products which will not be provided.

8.3. Before use, carefully read accompanying product information, including patient dispensing labels and leaflets, and use the product as directed.

8.4. Discontinue use and seek advice if significant side effects occur.

8.5. Some medications may be de-blistered and repackaged for convenience, with adherence to expiration dates required.

8.6. Specially formulated treatments are classified as unlicensed specials, manufactured to EU standards by licensed manufacturers.

9. Your Rights to Make Changes

9.1. Contact us for order modifications. Changes may affect price, delivery timing, or other aspects, subject to your approval.

10. Delivery

10.1. Delivery of the products will be to the address provided by you when you placed your order. It is your responsibility to ensure that you have provided the correct delivery address.

10.2. Delivery charges are outlined on the Website.

10.3. Estimated delivery dates will be provided during the ordering process once you prescription has been approved. Delivery dates advised by us are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay, provided that we complete the delivery within a reasonable time.

10.4. We aim to deliver your products within 72 hours from receiving appropriate approvals from the clinician, subject to the time of day and any events outside of our control. Orders placed after 6pm Thursday and all day on Friday, Saturday and Sunday will be treated as placed on a Monday. Orders placed on a Bank holiday or other public holiday will be treated as placed on the next working day. Deli

very to remote locations may take longer. If delivery is delayed due to factors beyond our control, we will notify you promptly.

10.5. We cannot guarantee the exact time of delivery. A one-hour time slot will be provided by our delivery partners Royal Mail or DPD where applicable. You can find the delivery details by using the tracking number provided in your confirmation of dispatch email. If you live in an offshore location Northern Ireland, Channel Islands, isle of Man, Scottish Highlands, and Scottish Islands your order will be delivered

by Royal Mail 24 using their tracked and signed service.

10.6. If your package is sent via DPD they will provide a pin code for you to accept delivery from the driver. It is your responsibility to ensure this is available to accept the parcel. Royal Mail will require a Signature upon delivery, you must ensure someone is present to provide this. Your parcel will not be left in a safe place should you not be available. If your first delivery is unsuccessful, one further attempt maybe made

where possible.

10.7. Products may need a photo taken at the point of delivery as proof of delivery. Please follow any delivery instructions given to you by our delivery partner.

10.8. Upon receipt of any medication, it’s your duty to verify it matches the prescription provided and is undamaged. Contact us immediately if there are any issues.

Failed Delivery

10.9. If delivery fails due to recipient unavailability, the courier may attempt re-delivery or leave a note for collection.

10.10. Failure to collect or rearrange delivery may result in contract termination.

10.11. in the case of a failed delivery attempt, orders despatched on Monday-Wednesday DPD will attempt delivery again before being returned to the pharmacy, orders despatched Thursday-Friday may be attempted again but this is not guaranteed.

10.12. If you do not provide the pin or provide the wrong pin the delivery will be retuned to the pharmacy immediately.

10.13. In the case of Royal Mail, if you chose to direct this parcel to a safe place, neighbour or chose to collect this from a depo/post office it will be your responsibility to retrieve this in time.

10.14. Where delivery has failed, and the parcel is returned to us we will not dispatch another product and no refund will be given.

Suspending the Contract

10.15. We may suspend supply of products to address technical issues or comply with regulatory requirements.

10.16. We’ll notify you of any suspensions lasting more than 30 days, offering refunds for advance payments.

10.17. Failure to pay outstanding amounts may result in product supply suspension until payment is received.

Changing the Contract

10.18. We may propose changes to your subscription terms for medicines, providing notice and offering cancellation options.

11. Your Rights to End the Contract

11.1. If you have any questions or complaints about our services or products, please contact us.

11.2. We are under a legal duty to supply products and services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

11.3. For more information about your other legal rights, please visit the UK Government’s website at: www.direct.gov.uk or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.

11.4. If there is a problem with our product or service and you wish to exercise your legal rights, please return the product to us or arrange collection. We cover postage or collection costs.

11.5. If you change your mind, please notify us promptly. Please note:

11.5.1. Consultations and orders for medical products can be cancelled at any time before the clinician issues the prescription. Contact us to cancel in such cases.

11.5.2. Prescription Medicines: Safety regulations prohibit returns. Unused medicines should be disposed of at a local pharmacy. Refunds are available if the product is not as described, not fit for purpose, or not of satisfactory quality.

11.5.3. Non-medicinal Products: You have 14 days to return items from delivery, except for sealed items unsuitable for return due to hygiene reasons unless the product is faulty. Refunds are available if the product is not as described, not fit for purpose, or not of satisfactory quality.

11.6. If the product is not available and/or we notify you of delays in product availability exceeding 30 days, you have the right to:

11.6.1. Cancel your order and receive a full refund.

11.6.2. Choose an alternative product, if available.

11.6.3. Continue waiting for the product, if you prefer.

11.7. Please contact us to discuss your options.

12. How to End the Contract with Us (Including if you have changed your mind)

12.1. Notify us via email at [email protected] to terminate the contract.

12.2. For terminated contracts after dispatch or receipt, return or arrange collection by emailing [email protected] for a return label and instructions.

Costs

12.3. We cover return costs for:

12.3.1. Products that are not as described, not fit for purpose, not of satisfactory quality or faulty.

12.3.2. For other cases, including if you change your mind, return or collection costs are borne by the customer, equalling standard delivery charges.

Refunds

12.4. If you are due a refund (please see ’You Rights to End the Contract’ section), refunds, including delivery costs, will be issued via the original payment method. Deductions may apply, as detailed below.

12.5. Refunds for non-medicinal products may be reduced to account for diminished product value due to inappropriate handling. Examples include opening or damaging the product. Returned items must be unused and in their original packaging.

12.6. Refunds for non-medicinal products will be processed within 5 working days. Refunds where you change your mind will be made within 14 days of product return. In other cases, refunds will be issued within 14 days of contract termination notification.

13. Our Rights to End the Contract

13.1. We reserve the right to terminate the contract if:

13.1.1. Payment is overdue and remains unpaid 10 days after reminder.

13.1.2. You refuse to accept the delivery.

13.2. In such cases, we will refund any advance payments for undelivered products, deducting reasonable compensation for costs incurred for non-prescription products only.

14. Price and Payment

14.1. Product prices, including applicable VAT, are displayed during ordering. We endeavour to ensure pricing accuracy, but errors may occur. We’ll notify you of any discrepancies.

14.2. Payment is accepted via major credit or debit cards. Payment is required before product dispatch. Incorrect charges should be promptly reported for correction.

15. Our Responsibilities for Loss or Damage Suffered by You

15.1. Our products are intended for domestic and private use only. We’re not liable for business losses. You must not use the products, services or the Website for any commercial, business or re-sale purpose and we will have no liability to you for any loss you suffer as a result , including loss of profit, loss of business, business interruption, or loss of business opportunity.

15.2. Subject to clause 15.4, our maximum liability for product orders is limited to the price of the ordered products.

15.3. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable or avoidable (something you could have avoided by taking reasonable action). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. It is important to point out that everybody’s personal circumstances are different. As a result, we cannot be expected to know what your specific circumstances are unless we are told in writing prior to the contract being formed.

15.4. We don’t exclude or limit liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

15.5. We are not responsible to you for any loss or damage caused by your act, omission or other failure to follow instructions or advice provided to you in relation to our products or services.

16. Written Communication

16.1. Legal requirements mandate some communications be in writing. We’ll contact you via email or notices on our Website. You agree to electronic communication, acknowledging compliance with legal writing standards.

17. Other Important Terms

17.1. We reserve the right to transfer our rights and obligations to another organization.

17.2. The contract for sale and supply of medicines is between you and The Family Health Group. No other party can enforce its terms.

17.3. Each paragraph of these Supply Terms operates independently. If one is deemed unlawful, others remain in effect.

17.4. Delay in enforcing contract terms doesn’t waive the right to enforce them later.

17.5. 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.