Terms & Conditions
Thank you for choosing Chemopet for your veterinary oncology support and products.
These are our Terms and Conditions and they will govern the contract between you and Chemopet LLP. We request that you ask for further explanation if needed.
By registering with Chemopet LLP, you will be deemed to have accepted these terms and conditions which shall apply in relation to your contract with Chemopet LLP both in relation to advice and to the supply of medicines, to the exclusion of any other terms and conditions whether contained on a purchase order from you, or otherwise
In these terms and conditions “you” or “your” means the customer, and “we” or “us” means Chemopet LLP.
YOUR ACCOUNT WITH CHEMOPET LLP
1.1 Registration with us will be via our website. We will ask you to establish a unique log in name and password during your account setup. Prior to your first order we will verify your Royal College of Veterinary Surgeons registration status. This is for security reasons and in order to comply with relevant prescription legislation.
1.2 Registration under clause 1.1 is an acceptance by you that you are entering into a contract with us on these terms and conditions.
1.3 When you use the website, please maintain the confidentiality of your account name and password and ensure that there is no unauthorised access to your account. Please notify us of any changes to the information that you provided when registering with us.
2 Client Confidentiality and Data Protection
2.1 Please be reassured that while we retain all our clients’ personal information including contact details and order history on a computer database. This is password protected and kept in a secure building.
2.2 We will not share any of the information provided to us with any third parties and agree to be fully compliant with the guidelines detailed in the Royal College of Veterinary Surgeons Guide to Professional Conduct.
3 Hours of business
3.1 Specialist support, via telephone and e-mail will be available from 9am – 7pm Monday to Friday. We aim to answer all telephone calls promptly. However, if particular circumstances occur whereby we cannot respond at the time of your call, you will be directed to an answering service and will receive a call back at the next available opportunity.
3.2 E-mails and telephone calls received outside of normal working hours will receive a response on the next working day.
3.3 Fax orders received by 4:30pm will be processed the same day for dispatch. Orders received outside this time will be processed on the next working day.
4 Specialist consultations
4.1 A very important part of our business is to provide you with specialist support as and when you require it. The advice that you receive will be the opinion of the oncologist, Mr. Iain A. Grant BVSc MRVS DipACVIM (medical oncology) and will be based on the clinical information that you provide about the patient.
4.2 Unfortunately we cannot accept any responsibility for the validity of the clinical information provided to us or medical status of the patient.
4.3 The implementation of any specialist advice, safe use and administration of chemotherapy drugs, your personal protection and protection of your practice personnel and advice provided to your client are your responsibility.
4.4 We cannot accept any responsibility for the validity of any medical or chemotherapy related information that you pass on to a third party regarding treatment of patients under their care.
Orders will be received through our online ordering service. You will receive an automated notification confirming the receipt of your order. All orders will then be checked and doses verified. We may contact you if further information is needed. Following review, orders will then be processed and a second e-mail will be sent confirming dispatch. Once the dispatch e-mail has been sent we will deem the order completed and you will become liable for the incurred costs (see clause 7). The details of these costs are contained on the website. Unfortunately, we will not be able to cancel the order once it has been dispatched (see clause 9).
6 Prescriptions and pharmaceutical products
6.1 It is a legal requirement that a prescription be completed for each chemotherapy drug order. As chemotherapy drugs are not licensed veterinary medicines for use in any veterinary species, the prescription supplied by you must indicate in writing that the drug is being requested by you under the legal guidelines of the veterinary drug cascade.
6.2 A pharmaceutical product prescribed in accordance with the cascade may be administered by the prescribing veterinary surgeon or by a person acting under the veterinary surgeon’s direction. The responsibility for the prescription and use of the medicine remains with the prescribing veterinary surgeon.
7.1 Prices are listed alongside the product description or service and include fees for specialist advice, pharmaceutical products and disposables. All fees are subject to VAT at the current rate. Prices and availability are subject to change without notice.
7.2 When a price differs from that posted on the website, you will be notified via phone and given the right to cancel all or part of the order. No order shall be processed until the customer consents to new pricing.
8.1 Your account must be settled using either BACS electronic payment or business cheque (and account details will be listed on the invoice). We would appreciate the use of electronic banking where possible.
8.2 Accounts are due for settlement by you following the consultation, or on receipt of the pharmaceutical products or disposables, whichever is the earlier, and shall be the settlement date. If the account is not settled within 30 days from the settlement date, Chemopet LLP reserves the right to make interest and other charges on outstanding balances. Any costs incurred in recovering your bad debts will be met by you. Chemopet LLP may terminate your account if you fail to pay an account within a 60 day period.
8.3 Interest of 8% over base on the debt outstanding will be applied by us to that debt. If the debt remains unpaid by you after 90 days from the settlement date, legal proceedings may be started against you.
8.4 If, for any reason, you are unable to settle your account as specified, we ask you to discuss the matter with us as soon as possible and in any event before the expiry of the 30 day period in clause 8.2.
9 Delivery of pharmaceutical products and disposables
9.1 All products will be shipped via courier. Items that are designated as requiring to be refrigerated must be shipped overnight, without exceptions. Shipping charges are calculated on a per-order basis.
9.2 Unfortunately, we cannot take responsibility for delays in transport that are beyond our control (see clause 13). Please contact us immediately, prior to administration of any drug if an order has not arrived within the expected time or if you suspect that an order has been inappropriately handled or become damaged in transit.
9.3 Please note that the cancellation, or “cooling off”, period of 7 days under regulations 10 and 11 of the Consumer Protection (Distance Selling) Regulations 2000, as amended, does not apply to a contract for the purchase of goods with Chemopet LLP, as under regulation 13(c) the products supplied by Chemopet LLP to the customer are specifically produced for that customer’s use.
9.4 Further, the cancellation, or “cooling off”, period of 7 days under regulations 10 and 12 of the Consumer Protection (Distance Selling) Regulations 2000, as amended, does not apply to the provision of advice or other services to the customer by Chemopet LLP once that advice process has started, under regulation 13(a) of the Consumer Protection (Distance Selling) Regulations 2000, as this paragraph constitutes notice of that fact under regulation 8(3).
10.1 Orders are carefully inspected by us before dispatch to you. Unfortunately due to the nature of chemotherapy agents, we are not able to accept returned pharmaceutical products. We will however be able to inform you of the methods for their safe disposal.
11. Complaints and Standards
11.1 We welcome comments or suggestions on ways to improve the current information or services which we provide. We hope that you never have recourse to complain about the standard of service received from Chemopet LLP. However, should you wish to make a complaint please direct your comments to Chemopet LLP, in writing via e-mail or post. We will endeavour to respond to your query within 48 hours. The RCVS may be contacted if complaints remain unresolved.
11.2 All the information: contents, text, including but not limited to html code, photography and buttons is the property of Chemopet LLP and may not be copied, reproduced, republished, posted, transmitted, or distributed in any way without our express, advance, written consent.
11.3 Chemopet LLP carries PI cover with the VDS.
12. Limitation of liability
12.1 This clause sets out the entire financial liability of Chemopet LLP (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the customer in respect of:
(a) any breach of the contract;
(b) any use made by the customer of the goods, or services or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract save that, if the customer is a consumer, the provisions of sections 2 to 5 and 11M to 11S, in both cases inclusive, of the Supply of Supplies and Services Act 1982, or the equivalent provisions of the Sale of Goods Act 1979, shall not be excluded in any event.
12.3 Nothing in these conditions limits or excludes the liability of Chemopet LLP for:
(a) death or personal injury resulting from negligence; or
(b) any damage or liability incurred by the customer as a result of fraud or fraudulent misrepresentation by Chemopet LLP.
12.4 Chemopet LLP shall not be liable for any loss of profits or loss of business nor for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
12.5 Subject to sub-clause 12.3, Chemopet LLP’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the contract shall be limited to the professional indemnity cover held by Chemopet LLP.
13. Supervening events
13.1 Chemopet LLP shall have no liability to the customer under the contract if it is prevented from, or delayed in performing, its obligations under the contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Chemopet LLP or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Chemopet LLP or their subcontractors.
14.1 Chemopet LLP may, from time to time and without notice, change the goods and/or services, provided that such changes do not materially affect the nature, scope of the goods and/or services, or the price.
15.1 A waiver of any right under the contract is only effective if it is in writing and it applies only to the circumstances for which it is given.
16.1 If any provision of the contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the contract, and the validity and enforceability of the other provisions of the contract shall not be affected.
17. Entire agreement
17.1 These conditions, and any agreed variations thereof, shall constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. Nothing in this clause shall limit or exclude any liability for fraud.
18. No partnership or agency
18.1 Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party as the agent of the other party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
19. Rights of third parties
19.1 A person who is not a party to the contract shall not have any rights under or in connection with it.
20. Governing law and jurisdiction
20.1 The contract shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims).
21. Mailing List
21.0 By agreeing to the contract you consent to contact from Chemopet with regards to news, offers and any other information, whether it’s via email, phone or any other method. Your details will not be shared with any third parties.