Terms and Conditions

CLARITY Terms and Conditions of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.claritydtp.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

•1.1 www.claritydtp.com is a site operated by Clarity Pharma Limited. We are registered in England and Wales under company no.3657943 and with our registered office at Causeway House, 1 Dane Street, Bishops Stortford, CM23 3BT. Our main trading address is Endeavour House, Coopers End Road, London Stansted Airport, Stansted, CM24 1SJ. Our VAT number is VAT No. GB 792451706
•1.2 We are regulated by the MHRA and we comply with the principles of good distribution practice.

•2.1 Our site is only intended for use by Doctors, Dispensing Doctors, Retail Pharmacists and Hospital Pharmacists resident and working in The United Kingdom. We do not accept orders from the general public or individuals outside The United Kingdom.

•3.1 By placing an order through our site, you warrant that:
•3.1.1 You are legally capable of entering into binding contracts; and
•3.1.2 You are at least 18 years old;
•3.1.3 You are a Doctor, Dispensing Doctor, Retail Pharmacist or Hospital Pharmacist resident in The United Kingdom; and
•3.1.4 You are accessing our site from The United Kingdom.

•4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. 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 your order has been received (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
•4.2 The Contract will relate only to those Products whose receipt we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

•5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. We will inform you of this in the Order Confirmation. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction. In all other cases we act as reseller or third party manufacturers and your contract is with us.
•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 undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are 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 is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

•6.1 Your order will be fulfilled as soon as possible, as set out in the Order Confirmation or, within 1 Day working of the date of the Order Confirmation, unless there are exceptional circumstances. We ask that to achieve this all orders are placed before one o'clock (pm) on the day of ordering.

•7.1 Notwithstanding the retention by CLARITY of the legal title to the Products, the risk in the Products shall pass to you from the time of delivery.
•7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
•7.3 You shall hold the Products as the fiduciary bailee of CLARITY until the title to the products has passed to you.

•8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
•8.2 These prices exclude VAT and delivery costs, which will be added to the total amount due at checkout.
•8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
•8.4 Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
•8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
•8.6 Unless otherwise agreed, payment for all Products shall be by credit or debit card. We accept payment with Visa, Visa Debit, Visa Electron, Mastercard, Solo, Maestro and JCB. We will take full payment at the point of ordering.
•8.7 All registered users will be offered account facilities following confirmation that they have successfully registered and that their account is open. Credit limits will be assigned on a per account basis, and will be set at the recommended limit advised to CLARITY by their chosen credit score provider.
•8.8 Payment of invoices shall be made in full to the address or bank account stated on the CLARITY invoice or as CLARITY may otherwise require, without deduction, set-off or counterclaim within thirty days (excluding Bank Holidays) of the invoice date.

•9.1 9.1 All returns and claims must be sent via email to CLARITY within 3 working days of the date of invoice. This must be sent to enquiries@claritydtp.com
•9.2 Your email should include the following information:
•9.2.1 Your CLARITY account number
•9.2.2 Your CLARITY invoice number
•9.2.3 The Products & quantity you wish to return
•9.2.4 Your reason for return
•9.3 The Products will only be accepted for return by CLARITY if the following applies:
•9.3.1 The Products are in good and saleable condition;
•9.3.2 The Products are 15 months or more in advance of their expiry date;
•9.3.3 CLARITY are satisfied that you have correctly stored the Products for return at the correct temperature(s);
•9.3.4 The Products packaging and seals have not been tampered with; and
•9.3.5 CLARITY has authorised and requested the return of the Products
•9.4 If CLARITY authorise the return of the Products, they will organise for their preferred carrier to collect these from you.
•9.5 All returns must be securely packaged, over boxed and addressed to CLARITY Returns, c/o MPW, Quest 90, Quest Park, Wheatley Hall Road, Doncaster, DN2 4LT.

•10.1 When you return a Product to us (for instance, because you have notified us in accordance with paragraph 9 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full.
•10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

•11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
•11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
•11.3 This does not include or limit in any way our liability:
•11.3.1 For death or personal injury caused by our negligence;
•11.3.2 For fraud or fraudulent misrepresentation; or
•11.3.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
•11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
•11.4.1 loss of income or revenue
•11.4.2 loss of business
•11.4.3 loss of profits or contracts
•11.4.4 loss of anticipated savings
•11.4.5 loss of data, or
•11.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories 11.4.1 to 11.4.6 inclusive of this clause 11.4.
•11.5 Where you buy any Product from a third party seller through our site and we act only as an agent, the seller's individual liability will be set out in the seller's terms and conditions.

•12.1 Please also note that you must comply with all applicable laws and regulations for which the products (including sale, storage, dispensing or otherwise). We will not be liable for any breach by you of any such laws.

•13.1 Applicable laws require that some of the information or communications we send to you should 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. For contractual purposes, 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.

•14.1 All notices given by you to us must be given to us at CLARITY, Endeavour House, Coopers End Road, London Stansted Airport, Stansted, CM24 1SJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. 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, that such e-mail was sent to the specified e-mail address of the addressee.

•15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
•15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
•15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

•16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
•16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
•16.2.1 Strikes, lock-outs or other industrial action.
•16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
•16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
•16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
•16.2.5 Impossibility of the use of public or private telecommunications networks.
•16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
•16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

•17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
•17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
•17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

•18.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

•19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
•19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
•19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

•20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
•20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

•21.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.