Welcome to The Naked Pharmacy’s terms and conditions

Information about us

We are The Naked Pharmacy Ltd.

We operate the website www.thenakedpharmacy.com.

We are a company registered in England and Wales under company number 08105986 and with our registered office at The Naked Pharmacy, Surrey Technology Centre, Surrey Research Park, 40 Occam Road, Guildford, Surrey, GU2 7YG.

Our VAT number is 239950864.

We are a registered pharmacy and our GPC premises number is 9010147.

To contact us, please see our Contact page. You can email us at care@thenakedpharmacy.com.

These terms may have changed since you last reviewed them. Please review these terms regularly.

 

Where to find information about us and our products and services

You can find everything you need to know about us, The Naked Pharmacy, and our products and services on our website before you order. We also confirm the key information to you in writing after you order, by email and in your online account.

These terms govern the purchase of goods from us, either individually or as part of a subscription; and also the use of our services, such as our Pharmacist Advice service.

When you use our Pharmacist Advice service, you warrant that the information you provide is full, complete and accurate.

You must review any guidance and instructions that accompany any of our goods before using them.

You are responsible for using our goods in accordance with all relevant instructions.

We don't give business customers all the same rights as consumers
For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual. 

Only adults (that is, those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site.
Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify DO NOT use this site. By ordering on this website you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.

When you buy from us you are agreeing that:

• We only accept orders when we've checked them.
• Sometimes we reject orders.
• We charge you when you order.
• We pass on increases in VAT.
• We're not responsible for delays outside our control.
• Products can vary slightly from their pictures.
• If you are a consumer and you bought online, you have a legal right to change your mind.
• You can end an on-going contract.
• You have rights if there is something wrong with your product.
• We can change products and these terms.
• We can suspend supply (and you have rights if we do).
• We can withdraw products.
• We can end our contract with you.
• We don't compensate you for all losses caused by us or our products.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract.

If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

We only accept orders when we've checked them
We contact you to confirm we've received your order and we accept it when we dispatch or supply the product and confirm dispatch or supply to you.
Please note that we can refuse to accept an order for any reason.
Some pharmacy-based products require you to complete a set of WHHAM questions, which are then reviewed and approved by our responsible pharmacist. Only then the order can be accepted and processed. Our responsible pharmacist may contact you for further information if required, to ensure safe supply.

Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we can't verify your age (where the product is age-restricted), because you are located outside our delivery areas, as stated on our website, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order
However, for some products or subscriptions we take payment at regular intervals, as explained to you during the order process.
If your product is goods, you will own it once we have received payment in full.

If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Care Team at care@thenakedpharmacy.com to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures
A product's true colour may not exactly match that shown on your device, or its packaging may be slightly different.

If you are a consumer and you bought online, you have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind. You can't change your mind about an order for:

• Services, once these have been completed;
• Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; 
• Goods that are made to your specifications or are clearly personalised; and
• Goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product, you must let us know no later than 14 days after:

• The day we deliver your product, if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery. 
• The day we confirm we have accepted your order, if it is for a service, for example our Pharmacist Advice service.

How to let us know. To let us know you want to change your mind, contact our Customer Care Team at care@thenakedpharmacy.com with a copy of your order confirmation.

You have to return the product at your own cost. If your product is goods, for example, a supplement, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods.

You should send the product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, please contact our Customer Care Team at care@thenakedpharmacy.com.

We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.

You have to pay for the services you received before you change your mind. If you bought a service we don't refund you for the time you were receiving it before you told us you'd changed your mind.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Care Team at care@thenakedpharmacy.com can advise you on whether we're likely to reduce your refund.

When and how we refund you. If your product is a service or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible. We refund you within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back. We refund you by the method you used for payment. We don't charge a fee for the refund.

See We are a UK-based website for further information on returns if you are attempting to order outside the UK.

You can end an on-going contract
We tell you when and how you can end an on-going contract with us (for example, for subscriptions for regular deliveries of goods) during the order process and we confirm this information to you in writing after we've accepted your order.

Generally, you will be required to log into your Naked Pharmacy account to amend deliveries, change items and update your details at any time up to our cut-off time, which is 12pm GMT (Monday to Friday) three working days before your order is due to be dispatched. Once a subscription has been triggered it will be processed immediately for dispatch.

If you have any questions, please contact our Customer Care Team at care@thenakedpharmacy.com.

You have rights if there is something wrong with your product.

Return the product to us. If you think there is something wrong with your product, you must contact our Customer Care Team at care@thenakedpharmacy.com with a copy of your order confirmation and a description of the faulty or broken item/s and a (where necessary) a digital photo of the issue.

Missing items. If your delivery is missing any items in your order, unless the same is being sent in a different delivery, you must contact our Customer Care Team at care@thenakedpharmacy.com with a copy of your order confirmation and a description of the missing item/s. You can ask us to make up the shortfall, or refund the amount paid by you for the missing goods.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights
If your product is goods, for example a supplement, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get a refund. 
• Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 
• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. 
• If your product is services, for example our Pharmacy Advice service, the Consumer Rights Act 2015 says:
• You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
• If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
• If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

All shelf-life, durability and best before dates are estimates only, based on storage of the goods under the recommended storage conditions as stated on product labels, under standard UK climatic conditions.

Many of our goods are extremely susceptible to degradation in elevated temperatures and/or humidity. We cannot be held liable for any deterioration of our goods should you use or store them in climactic or environmental conditions outside the UK.

We can not be held liable for any losses, illness, or injury arising from any degradation of a product where the climate or environment of the country in which the product is being stored or used differs from that of the UK.

Your rights if you are a business. We warrant that on delivery any products which are goods shall:

• Conform in all material respects with their description and any relevant specification;
• Be free from material defects in design, material and workmanship; 
• Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
• Be fit for any purpose held out by us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if:

• You give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty;
• We are given a reasonable opportunity of examining such product; and
• You return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if:

• You make any further use of such product after telling us it is non-compliant;
• The defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
• The defect arises because we followed any drawing, design or specification supplied by you;
• You alter or repair the product without our written consent; or
• The defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms

Changes we can always make. We can always change a product:

• To reflect changes in relevant laws and regulatory requirements, such as a change in the law governing supplements; and
• To make minor technical adjustments and improvements. These are changes that don't affect your use of the product.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

• Deal with technical problems or make minor technical changes;
• Update the product to reflect changes in relevant laws and regulatory requirements; or
• Make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply of a subscription, unless the problem is urgent or an emergency. If we suspend the product subscription we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than four weeks you can contact our Customer Care Team at care@thenakedpharmacy.com to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can withdraw products
We can stop providing a product, such as an ongoing service or a subscription. We let you know at least four weeks in advance and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

• You don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
• You don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, a change of address relating to a subscription;
• You don't, within a reasonable time, allow us to deliver the product to you.

We don't compensate you for all losses caused by us or our products or services

Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control. 
• Avoidable. Something you could have avoided by taking reasonable action. 
• A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.

Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:

• We shall not 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 any contract between us; and
• Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• Fraud or fraudulent misrepresentation;
• Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; 
• Defective products under the Consumer Protection Act 1987; or
• Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice which can be seen here: https://www.thenakedpharmacy.com/policies/privacy-policy.

You have several options for resolving disputes with us

Our complaints policy. Our Customer Care Team will do their best to resolve any problems you have with us or our products as per our Complaints policy.

Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you wish to access alternative dispute resolution, please contact our Customer Care Team.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

 

Other important terms apply to our contract

We are a UK-based website. Unless otherwise stated, all products are formulated, packed, labelled and sold as food supplement products compliant with our local food and food supplement legislation and regulations.

If you are attempting to order from outside the UK, you should ensure that you are satisfied that the goods and all their ingredients comply with your local relevant regulations and legislation. We cannot be held responsible for any delays, costs, import duties, taxes, charges, fees, inconvenience, or non-delivery if you are requesting delivery outside the UK.

Should you refuse to pay any additional charges, and the goods are to be returned to us or destroyed, then you will only receive a partial refund. This will only be paid once the items have been received by us, and will amount to the purchase price less any shipping charges and any further charges incurred by us due to your failure to pay such additional charges.

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact our Customer Care Team at care@thenakedpharmacy.com to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Trademarks. The Naked Pharmacy and all its product names are trademarked. All other trade marks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by The Naked Pharmacy in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.