This page, together
with the documents referred to within, contain the terms and conditions ("Terms
and Conditions") on which The Royal Pharmaceutical Society of Great
Britain ("We", "Our", "Us")
supply any of the products ("Products") listed on Our
Website http://www.medicscience.in/ ("Our Site") to
you, the customer ("You", "Yours"). Please
read these Terms and Conditions carefully before ordering any Products from Our
Site. These Terms and Conditions apply to the Contract to the exclusion of any
other terms that You seek to impose or incorporate, or which are implied by
trade, custom, practice of course of dealing.
If You refuse to
accept Our Terms and conditions, You will not be able to order any Products
from Our Site.
1. In these
Terms and Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(c) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(d) A reference to writing or written includes e-mails.
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(c) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(d) A reference to writing or written includes e-mails.
2. INFORMATION
ABOUT US
2.1 Our Site is
operated by Us.
3. YOUR STATUS
3.1 By placing
an order through Our Site, You warrant that:
3.1.1 You are at least 18 years of age; and
3.1.2 You have read, understood and accept these Terms and Conditions;
and
3.1.3 You intend to enter into a legally binding contract with Us; and
3.1.4 You are legally capable of entering into binding contracts.
4. CONTRACT
FORMATION
4.1 After
placing an order, You will receive an e-mail from Us acknowledging that We have
received Your order. Your order constitutes an offer to Us to buy a Product and
any acknowledgement email does not mean that Your order has been accepted by
Us. All orders are subject to acceptance by Us, and We will confirm such
acceptance to You by sending You an e-mail that confirms that the Product has
been dispatched (the "Dispatch Confirmation"), with express
exception of eBook purchases (which by their nature are not dispatched) which
will be accepted by Us and confirmed to You upon receipt of an order
confirmation. The contract ("Contract") between Us and You
will only be formed when We send you the Dispatch Confirmation.
4.2 The Contract
constitutes the entire agreement between the parties. You acknowledge that You
have not relied on any statement, promise or representation made or given by or
on behalf of Us which is not set out in the Contract.
4.3 The Contract
will relate only to those Products whose dispatch We have confirmed (pursuant
to this clause 4) in the Dispatch Confirmation. We will not be obliged to
supply any other Products which may have been part of Your order until the
dispatch of such Products has been confirmed in a separate Dispatch
Confirmation.
4.4 Any samples,
drawings, descriptive matter or advertising produced by Us and any descriptions
or illustrations contained on Our Site are produced for the sole purpose of
giving an approximate idea of the Products described in them. They shall not
form part of the Contract or have any contractual force.
4.5 We reserve
the right to amend our Products if reasonable, or required by any applicable
statutory or regulatory requirements.
4.6 If Your
order contains an order for Medicines Complete, you must also comply with the
terms and conditions for Medicines Complete.
5. OUR STATUS
5.1 Please note
that in some cases, We accept orders as agents on behalf of third party
sellers. The resulting legal contract is between You and that third party
seller, and as such, is subject to the terms and conditions of that third party
seller.
5.2 We may also
provide links on Our Site to the websites of other companies, whether
affiliated with Us or not. We cannot give any undertakings that the
products You purchase from third party sellers through Our Site, or from
companies to whose website We have provided a link on Our Site, are of
satisfactory quality or fit for purpose, and any such warranties are expressly
DISCLAIMED by Us absolutely. This DISCLAIMER does not affect your
statutory rights against the third party seller. We will notify you when a
third party seller is involved in a transaction, and You grant Us express
permission to disclose your customer information related to that transaction to
the third party seller.
6. INTELLECTUAL
PROPERTY RIGHTS
6.1 Intellectual
Property Rights ("Intellectual Property Rights") means all
patents, rights to inventions, utility models, copyright and related rights,
trademarks, service marks, trade, business and domain names, rights in trade
dress or get-up, rights in goodwill or to sue for passing off, unfair
competition rights, rights in designs, rights in computer software, database
right, topography rights, moral rights, rights in confidential information
(including know-how and trade secrets) and any other intellectual property
rights, in each case whether registered or unregistered and including all
applications for and renewals or extensions of such rights, and all similar or
equivalent rights or forms of protection in any part of the world.
6.2 All
Intellectual Property Rights in or arising out of or in connection with Our
Products shall be owned by Us.
7. CONSUMER
RIGHTS
7.1 With the
exception of eBook Products, pursuant to clause 12 below, if You are
contracting as a consumer, you may cancel the Contract at any time within seven
working days, beginning on the day after you received the Products. In this
instance, You will receive a full refund of the price paid for the Products in
accordance with Our refunds policy, pursuant to clause 11. Nothing in this
Contract affects your statutory rights.
8. AVAILABILITY
AND DELIVERY
8.1 Your order
will be fulfilled by the delivery date set out in the Dispatch Confirmation,
or, if no delivery date is specified, then within 30 days of the date of the
Dispatch Confirmation, unless exceptional circumstances arise pursuant to
clause 14.
9. RISK AND
TITLE
9.1 The risk in
the Products shall pass to You on completion of delivery.
9.2 Title to the
Products shall not pass to You until We have received payment in full (in cash
or cleared funds) for the Products; and any other products or services that We
have supplied to You in respect of which payment has become due.
9.2.1 Until title to the Products have passed to You, You shall:
9.2.1.1 hold the Products on a fiduciary basis as Our bailee; and
9.2.1.2 Ensure that You maintain the Products in the condition with which
they were delivered to You.
10. PRICE AND
PAYMENT
10.1 The price
of the Products shall be the price set out in the order, or, if no price is
quoted, the price set out in Our published price list in force as at the date
of delivery.
10.2 We may, by
giving notice to You at any time up to 5 days before delivery, increase the
price of the Products to reflect any increase in the cost of the Products that
is due to:
10.2.1 any factor beyond Our control (including foreign exchange
fluctuations, increases in taxes and duties, and increases in labour, materials
and other manufacturing costs);
10.2.2 any request by You to change the delivery date, quantities or
types of Products ordered; or
10.2.3 any delay caused by any of Your instructions or failure by You to
give Us adequate or accurate information or instructions.
10.3 The price
of the Products are exclusive of the costs and charges of packaging, insurance
and transport of the Products, which shall be invoiced to You.
10.4 The price
of the Products are exclusive of amounts in respect of value added tax (VAT).
You shall, on receipt of a valid VAT invoice from Us, pay to Us such additional
amounts in respect of VAT as are chargeable on the supply of the Products.
11. REFUNDS AND
RETURNS
11.1 To cancel a
Contract, You must inform Us in writing within seven days of receiving the
Products, by emailing info@medicscience.in, providing details of the original
invoice number, web reference, and information on the Product being returned.
In addition, You must return the Products, undamaged and in the condition with
which they were delivered to You, at Your own cost and risk .
11.2 Should You
return the Products pursuant to sub-clause 10.1, We will process the refund due
to You within 30 days from the date of receipt of the cancellation request.
11.3 Products
returned by You as a result of a defect in the Product will be refunded in
full, including delivery charges.
12. EBOOKS AND
ELECTRONIC FORMAT PUBLICATIONS
12.1 Sales of
eBooks are final and cannot be exchanged or refunded.
12.2 If Your
purchase an eBook , We will grant You permission to download a single copy of
the eBook to be installed upon one a single user device for that single user.
This permission may not be transferred to a third party, nor may You sublicense
any of the rights under it.
12.3 eBooks are
not to be distributed or transmitted over any network or communication line, or
copied or modified in any way whatsoever. Breach of this clause 12.3
constitutes a material breach of contract as well as a breach of Our
intellectual property rights as set out in clause 6, which we strictly reserve
the right to enforce against You.
13. LIMITATION
OF LIABILITY
13.1 Nothing in
these Terms and Conditions shall limit or exclude Our liability for:
13.1.1 death or personal injury caused by Our negligence or the
negligence of Our employees;
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 any matter in respect of which it would be unlawful for Us to
exclude or restrict liability.
13.2 Subject to clause
13.1:
13.2.1 We shall under no circumstances whatsoever 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 the Contract; and
13.2.2 Our total liability to You in respect of all other losses arising
under or in connection with the Contract, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall in no circumstances
exceed the total price of the relevant Products purchased by You.
13.3 Where You
buy any Product from a third party seller through Our Site, the seller's
individual liability will be set out in the seller's terms and conditions.
14. FORCE
MAJEURE
14.1 Neither
party shall be liable for any failure or delay in performing its obligations
under the Contract to the extent that such failure or delay is caused by a
Force Majeure Event. A Force Majeure Event means any event
beyond a party's reasonable control, which by its nature could not have been
foreseen, or, if it could have been foreseen, was unavoidable, including
strikes, lock-outs or other industrial disputes (whether involving its own
workforce or a third party's), failure of energy sources or transport network,
acts of God, war, terrorism, riot, civil commotion, interference by civil or
military authorities, national or international calamity, armed conflict,
malicious damage, breakdown of plant or machinery, nuclear, chemical or
biological contamination, sonic boom, explosions, collapse of building
structures, fires, floods, storms, earthquakes, loss at sea, epidemics or
similar events, natural disasters or extreme adverse weather conditions, or
default of suppliers or subcontractors.
14.2 Performance
under the Contract that is subject to a Force Majeure Event is deemed to be
suspended for the period that the Force Majeure Event continues, and an
extension of time for performance for the duration of that period applies.
Parties must make reasonable efforts to bring the effects of the Force Majeure
Event to a conclusion.
15. WAIVER
15.1 A waiver of any
right or remedy under the Contract is only effective if given in writing and
shall not be deemed a waiver of any subsequent breach or default. No failure or
delay by a party to exercise any right or remedy provided under the Contract or
by law shall constitute a waiver of that or any other right or remedy, nor
shall it preclude or restrict the further exercise of that or any other right
or remedy. No single or partial exercise of such right or remedy shall preclude
or restrict the further exercise of that or any other right or remedy.
16. VARIATION
16.1 We have the
right to revise and amend these Terms and Conditions as required from time to
time.
17. NOTICES
17.1 All notices
given by You to Us must be given to MedicScience Life Care Pvt.Ltd Plot No-328,
Sector-8 Faridabad -121006 Haryana, India. We may give notice to You at either the e-mail or postal address
You provide to Us when placing an order. Notice will be deemed received and
properly served immediately when posted on Our website, 24 hours after an
e-mail is sent, or three days after the date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail, proof that such e-mail was sent to the
specified e-mail address of the addressee.
17.2 The
provisions of this clause 17 shall not apply to the service of any proceedings
or other documents in any legal action.
18. IMPORT DUTY
18.1 If You
order Products from Our Site for delivery outside the India, they may be
subject to import duties and taxes which are levied when the delivery reaches
the specified destination. You will be responsible for payment of any such
import duties and taxes, as We accept no such liability.
18.2 You must
comply with all applicable laws and regulations of the country for which the
products are destined. We are not liable for any breach by You of any such
laws.
19. WRITTEN
COMMUNICATIONS
19.1 Applicable
laws require that some of the information or communications We send to You be
in writing. When using Our Site, You accept that communication with Us will be
mainly electronic. We will contact You by e-mail or provide You with information
by posting notices on Our website. By entering into this Contract, You agree to
this electronic means of communication and You acknowledge that all contracts,
notices, information and other communications that We provide to You
electronically comply with any legal requirement that such communications be in
writing. This condition does not affect Your statutory rights.
20. SEVERENCE
20.1 If a court
or any other competent authority finds that any provision of the Contract (or
part of any provision) is invalid, illegal or unenforceable, that provision or
part-provision shall, to the extent required, be deemed deleted, and the
validity and enforceability of the other provisions of the Contract shall not
be affected.
20.2 If any
invalid, unenforceable or illegal provision of the Contract would be valid,
enforceable and legal if some part of it were deleted, the provision shall
apply with the minimum modification necessary to make it legal, valid and
enforceable.
21. THIRD PARTY
RIGHTS
21.1 A person who is
not a party to the Contract shall not have any rights under or in connection
with it.
22. GOVERNING
LAW AND JURISDICTION
22.1 The
Contract, and any dispute or claim arising out of or in connection with it or
its subject matter or formation (including non-contractual disputes or claims),
shall be governed by, and construed in accordance with, Indian law, and the
parties irrevocably submit to the exclusive jurisdiction of the courts of India
UP.
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