Terms & Conditions
- These terms and conditions (“Terms”) apply to all e-commerce platforms providing pharmacy services for the supply of products such as over the counter medicines, herbal medicines and food supplements, skin care products, medical devices for common sale and non-medical products including electrical products (“Products”) through website, applications for mobile, or any other software (“WILLKINS PHARMACY E-Platforms”) operated by WILLKINS PHARMACY and or subsidiary Pharmacies, hereinafter referred to as (“Company”, “we”, “us”, “our”).
- These Terms set out the basis upon which you (“Users”, “you”, “your”) can access and use WILLKINS PHARMACY E-Platforms in the United Arab Emirates, to buy Products and have them delivered to you (“Services”).
- The Terms constitute the whole legal agreement between you and us and govern your use of WILLKINS PHARMACY E-Platforms to acquire Products and completely replaces any prior agreements, if any, between you and us.
- By accessing WILLKINS PHARMACY E-Platforms, you agree to be bound by these Terms. If you do not agree with any of the Terms, your sole recourse is to stop using WILLKINS PHARMACY E-Platforms.
- The Company may amend these Terms at any time by posting an updated version of the Terms on WILLKINS PHARMACY E-Platforms. The Company encourages you to check WILLKINS PHARMACY E-Platforms regularly for any amendments to the Terms. Your continued use of WILLKINS PHARMACY E-Platforms will constitute your express consent to these Terms.
- Nothing in these Terms affects your statutory rights, either as a consumer of services or otherwise.
- You will need to register with WILLKINS PHARMACY E-Platforms to use any Services. To register, you must be at least 21 years of age and you must provide true, accurate, complete and current information (including name, date of birth, email address, credit/debit card details, mobile telephone number and other details) as requested during the account creation process. If you are under the legal age of majority, you may not register.
- If the prescription is for a person other than yourself, you will need to have the consent authority of the person whose prescription it is to have it dispensed by us. By placing an order to dispense another person’s prescription you confirm that you have their authority to do so. You will provide us with any details that we may require confirming that you have such authority.
- By registering yourself on WILLKINS PHARMACY E-Platforms, you warrant that the details you provide to the Company are correct and complete and you agree that you will inform the Company immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the “My Account” area of WILLKINS PHARMACY E-Platforms. You authorise us to use any information provided to us to verify your information (including any updated information), to obtain an initial credit authorisation from your credit card issuer at the time of registration, at Company’s sole discretion. Your application for registration is dependent on acceptance of the same by Company, in its sole discretion.
- You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that your user name and password is kept confidential and secure. Please inform the Company immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.
- The Company reserves the right to refuse access to WILLKINS PHARMACY E-Platforms, terminate accounts, remove or edit content, or cancel/reject orders, at Company’s sole discretion. If the Company cancels an order, it will be without charge to you.
- The Company is not the manufacturer of the Products sold via WILLKINS PHARMACY E-Platforms. We do our best to ensure that information provided on WILLKINS PHARMACY E-Platforms is accurate, but we do not warrant that it is correct, complete, reliable, current or error-free. You should not rely solely on the information presented on WILLKINS PHARMACY E-Platforms and you should read labels, warnings and directions provided with the Products and consult your UAE licensed Physician and or Pharmacistand or Pharmacistand or Pharmacist before purchasing any products on WILLKINS PHARMACY E-Platforms.
- Electrical Products sold on WILLKINS PHARMACY E-Platforms are designed for use in the UAE. They may not be suitable for use in other countries and you should check with the manufacturer before doing so. You should read the instructions that come with the Product before using the Product and observe any specific warnings given by the manufacturer.
- Not all medical Products are suitable for all medical ailments and potentially their use may interfere with treatment you are receiving or aggravate a condition. You should check with your licensed Physician and or Pharmacistand or Pharmacistand or Pharmacist before using any medical Product.
- Physical fitness Products may not be suitable for use by some individuals. You should check with your licensed Physician and or Pharmacistand or Pharmacistand or pharmacist before embarking on any fitness programed.
- We accept orders for Products subject to availability. Please note additional special conditions apply for POM. If for any reason the Products you ordered are no longer available, we will contact you using the contact details you supplied when placing your order and either: (i) offer you an alternative Product of equivalent quality and price if this is possible; or ii. cancel the Product from your order and give you a full refund in respect of that Product.
- If we are unable to contact you or do not receive a response from you, we will process any remaining Products on your order and refund you for the Products we are unable to supply.
- By ordering Products, you agree to pay the full amount payable for such Products as indicated during the order process, along with any shipping costs or other charges applicable to that order.
- We reserve the right to refuse service, terminate your account or cancel orders, at our sole discretion.
- You may pay for the Products which you order online using WILLKINS PHARMACY E-Platforms by supplying your credit/debit card details to our third party payment provider. You may also use combination payment with multiple options of card payment, “WILLKINS PHARMACY Secure”, rewards points or approved gift vouchers as provided in WILLKINS PHARMACY E-Platforms checkout process.
- If you make a payment for Products ordered using WILLKINS PHARMACY E-Platforms, the details you are asked to submit will be provided directly to our third party payment provider via a secured connection (“Payment Gateway”).
- We reserve the right to cancel your transaction processing account at any time for any reason, at which time we will return the payment amount entered in the Payment Gateway, in an appropriate and reasonable timeframe.
- We reserve the right to refuse processing Services to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments must be deleted before use of Services is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving, otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place.
- If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if our actions can reasonably and efficiently handle said problem.
- WILLKINS PHARMACY E-Platforms can only be used for the delivery of Products in the UAE (and Dubai only for POM).
- When we accept an order, we aim to deliver your Product consignment within 3 working days of the date of order or at some other delivery date indicated at the time of order confirmation. Delivery dates are indicative only. We are not liable for any delay in delivery due to unforeseen reasons including but not limited to product unavailability, transport delays, natural calamities or any other reason beyond our reasonable control. The
- Delivery occurs when the ordered Products are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of Products purchased passes to you when payment is received by us in full and the product is delivered to you / authorized person. You will be asked to sign for acceptance of the Products which will confirm that the Products are correct and have been received in good condition.
- If you are not at the delivery address, we will assume that any adults that are present at the delivery address are authorized by you to take delivery of the Products that you have ordered. If above criteria are not met or if there is no one at the delivery address, we will not leave the Products at the delivery address. We will contact you to arrange an alternative delivery time.
- While we aim to ship all Products in your order together, this may not always be possible due to Product characteristics or availability.
- Please note that all deliveries will be shipped with an invoice setting out the price.
- Free shipping applies for all orders above 69 AED. There is a charge of AED 15 for orders below 69 AED. These charges are subject to change without prior notice and you should the Company encourages you to check WILLKINS PHARMACY E-Platforms regularly for any amendments to these Terms and such charges. Shipping charges will be calculated at the time of checkout online. Any deliveries to be made in a stipulated period of time or date may attract additional charges determined by WILLKINS PHARMACY E-platforms and the same will be specified on the order value before placing an order.
- WILLKINS PHARMACYE-Platforms believes in helping its customers as far as possible and therefore, has a liberal cancellation policy.
- Under this policy cancellations of orders is permitted at any time before we have sent you an SMS or message confirming our acceptance of your order.
- Unless required by law, WILLKINS PHARMACY E-Platforms do not accept cancellation requests for perishable or temperature sensitive items. However, a refund and return can be made for such items if you establish, in our sole opinion, that there is a deficiency in the integrity of the packaging or product.
Return & Refund Policy
- There can be certain circumstances, beyond our control, where you could receive a damaged/defective Product or a product that is not the same as per your original order. We shall replace the product with the same Products as per the order, at no extra cost. In such circumstances, before using the Product, please get in touch with our Customer Service Team, who will guide you on the process for replacing the product, at our Customer Service number 800 WILLKINS or write to us at firstname.lastname@example.org .
- Where Products are not damaged/defective we will only accept return of certain Products on a case by case basis under these Terms. The return process for Products ordered through WILLKINS PHARMACY E-Platforms can be amended by us, in our sole discretion and may depend on the nature and category of the product ordered.
Conditions for Return
Once we have found the basis for the return acceptable, in our sole opinion and the Product has been received by WILLKINS PHARMACY E-Platforms, then the refund will be processed based on the mode of payment of the order. Orders paid by credit/debit card will be refunded by credit back to the credit/debit card within 15 workings days. However, We shall not be responsible for the delay in refund due to delay in processes of banks. For all other modes of payment, a refund will be made by way of cheque payable to the person named on our invoice and as provided at the time of order within 7 working days.
Agreement To Deal Electronically; Electronic Communications And Notices
- By clicking “Submit” on any step of a transaction on WILLKINS PHARMACY E-Platforms, you agree to conduct such transaction by electronic means. You understand that by clicking the box titled “I agree to the Terms & Conditions”, you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet and to be notified regarding any transaction/promotion electronically through the email address you have provided. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures.
Except as otherwise provided in these Terms, we will give you any notices regarding WILLKINS PHARMACY E-Platforms by posting them on WILLKINS PHARMACY E-Platforms. To fulfill our obligations to you under these Terms, we may wish to communicate with you by email and/or by posting notices on WILLKINS PHARMACY E-Platforms. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications that need to be in writing
Use of WILLKINS PHARMACYE-Platforms
- The Company tries to keep all information on WILLKINS PHARMACY E-Platforms up to date, but it may not be correct all of the time. You should independently check the information you use is correct. You agree that you use WILLKINS PHARMACY E-Platforms at your own risk. If you find any incorrect information, you can notify the Company by calling or emailing at the details specified in the Contact section below.
- You must not conduct or promote any illegal activities while using WILLKINS PHARMACY E-Platforms. This includes any activities that (in Company’s opinion) breach copyright, infringe on privacy or infringe any other third-party rights, as well as activities that are defamatory to third persons. To do so may lead to prosecution.
- All content on WILLKINS PHARMACY E-Platforms is for general information purposes, it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content on WILLKINS PHARMACY E-Platforms.
- You must not use WILLKINS PHARMACY E-Platforms to generate unsolicited emails, spam or promotional materials to other users. You must not do anything to cause damage to WILLKINS PHARMACY E-Platforms or other users of the WILLKINS PHARMACY E-Platforms, including any technical damage to other computers. You must not send any viruses or other material designed to adversely affect the operation of WILLKINS PHARMACY E-Platforms, affect any other users of the WILLKINS PHARMACY E-Platforms or affect any equipment or any data on WILLKINS PHARMACY E-Platforms. You must not attempt to gain access to WILLKINS PHARMACY E-Platforms or the system that runs WILLKINS PHARMACY E-Platforms. You must not interfere with the security of WILLKINS PHARMACY E-Platforms, its services, system resources or network. You must not use WILLKINS PHARMACYE-Platforms in any manner that could damage, overburden or impair WILLKINS PHARMACY E-Platforms or harvest or otherwise collect any information about other users. You must not change, edit, add to or produce summaries of its content anywhere else. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- Please note that it is illegal to provide false information or fraudulently obtained information regarding the credit/debit card or without the consent of the cardholder. Any party engaged in illegal activities involving the use of WILLKINS PHARMACY E-Platforms may be subject to prosecution. The Company does not guarantee that the Company will be able to prevent any illegal or inappropriate use of WILLKINS PHARMACY E-Platforms or will give notice of any illegal or inappropriate use of WILLKINS PHARMACY E-Platforms.
- You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
Change and Cessation of Operations
The Company reserves the right to change or correct any errors or omissions on WILLKINS PHARMACY E-Platforms and to alter, limit or discontinue the provision of any of the services provided via WILLKINS PHARMACY E-Platforms, at any time without prior notice to you. The Company will use reasonable efforts to include up-to-date and accurate information on WILLKINS PHARMACY E-Platforms, but it reserves the right to delete, modify or supplement the content available on WILLKINS PHARMACY E-Platforms at any time for any reason without prior notification.
Third Party Links and Advertisements
- WILLKINS PHARMACY E-Platforms may contain links to other websites. The Company makes no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and the Company does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third-party websites you visit to understand their procedures.
- If you use any material or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. The Company does not endorse and is not responsible for the use of or the content of any third-party websites. The Company is not responsible for anything that may happen when you use them.
- WILLKINS PHARMACY E-Platforms’ content is protected by copyright, trade mark and other intellectual property rights. The Company or its affiliates or its licensors, retain all rights in such content. You are only permitted to access and use WILLKINS PHARMACY E-Platforms for personal purposes. You may not use WILLKINS PHARMACY E-Platforms or any of its content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content or software contained within the WILLKINS PHARMACY E-Platforms.
- The Company is not responsible for any error or inaccuracy in any advertising or sponsorship material available on WILLKINS PHARMACY E-Platforms.
Disclaimer Of Warranty
WILLKINS PHARMACY E-Platforms and its content are provided on an “as is” and “as available “basis. The Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title and non-infringement of proprietary rights.
Limitation Of Liability
To the maximum extent permissible by applicable law, Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees:
- Are not liable for any direct, indirect, punitive, incidental, special or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of or in way connected with your use of Products or the use or inability to use WILLKINS PHARMACY E-Platforms and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory and whether or not company is advised of the possibility of such damages; and
- Are excluded from any and all liability for damages caused by any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on WILLKINS PHARMACY E-Platforms or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of WILLKINS PHARMACY E-Platforms.
Where it is not possible to exclude liability under applicable law, you agree that Company’s maximum liability for any corresponding claim shall be limited to the amount paid for the Prescribed Products in question.
You agree to hold harmless and indemnify Company, its parents, subsidiaries, affiliates and their respective suppliers and any of their owners, officers, directors, managers, members, agents and employees from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties and legal fees or other costs or expenses of any kind or nature arising from or in any way related to your use of WILLKINS PHARMACY E-Platforms, including, but not limited to those brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party or your use of the WILLKINS PHARMACY E-Platforms.
The Company may terminate or suspend your access to all or part of WILLKINS PHARMACY E-Platforms without prior notice, if it believes that your conduct is in violation of these Terms, applicable law or otherwise harmful to the interests of the Company or any third party. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations that, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights and User Generated Content.
None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Company and you will have no authority to bind the Company in any manner whatsoever.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted such provision without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
Any failure by the Company to enforce any terms set out in these Terms or other policies with you is not a waiver of Company’s rights to enforce those terms.
Governing Law and Jurisdiction
The Terms shall be governed by the laws of Dubai, United Arab Emirates. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai
WILLKINS PHARMACY bearing commercial license No. 1014096 and Dubai Health Authority License No:0758699 has a registered office at WILLKINS PHARMACY DAMAC TOWER 108, JVC, Dubai, P.O. Box: 32270, Dubai, UAE. You can contact us regarding the Services or these Terms on email@example.com and toll free Customer Service number 800 WILLKINS.
Prescription Only Medicines ("Pom")
- The following special terms apply to your use of WILLKINS PHARMACY E-platforms POM ordering service. These are additional to and supplement our standard terms which also apply.
- If you have any questions concerning the service, please contact us at 800 700 600 in the UAE.
- We only accept POM orders from and dispatch POM orders to addresses in the Emirate of Dubai.
- You can place a POM order by uploading an electronic copy of the original prescription from a UAE licensed Physician on WILLKINS PHARMACY E-Platforms. You will agree to provide the original prescription to us at time of delivery. Should the original prescription not be available at the time of delivery, we retain the right to refuse delivery of the order and cancel the same. Orders that are cancelled, either by you or by us under these Terms, will be refunded to the extent of the purchase price of the POM.
- Once a POM order has been placed, the transaction is processed by our registered pharmacists holding a license from Dubai Health Authority.
- We may not accept your POM order in a variety of situations, including:
if the written prescription is not from a UAE licensed Physician and or Pharmacist is dated prior to 3 days in case of acute illness and 7 days in case of chronic illness;
if we are unable to check the patient’s identity;
if the item is out of stock;
if the handwriting on the prescription is not legible;
if we find a pricing error;
if we are not provided with the original prescription at the time of delivery; or
for any other reason (at our sole discretion) including but not limited to if we consider the prescription has been tampered with.
- When you place a POM order you will upload copies of your medical insurance card and your Emirates ID. You will provide us with any further information we may require regarding your medical insurance.
- We will not make changes or alter anything in the medical prescription, except after consulting the UAE licensed Physician and or Pharmacist who issued the prescription. We may change the POM and substitute a similar one containing the same active ingredients, after discussing with the UAE licensed Physician and or Pharmacist who issued the prescription and after informing you.
- If we accept your POM order we will send an SMS message to your registered mobile telephone number. If any monies are payable by you the SMS will advise you of the amount due. Our WILLKINS PHARMACY Secure program points does not apply to payment of POM.
- If your medical insurance covers the payment of the cost of the POM we will submit a claim for payment by your medical insurers using the insurance details you provide to us.
- If your medical insurer does not cover the cost of (all or any) of the POM or does not accept our claim for payment, you will be responsible for payment. We will inform you of amounts due in payment for the POM when we confirm acceptance of your order. You must indicate your agreement to payment by clicking acceptance in response to our confirmation. If you do not agree to pay, then your order will be deemed void and we will have no responsibility to fulfill your order.
- Amounts due by you must be paid only on delivery by us either in cash or by debit card or credit card (where such payment methods are available).
- We only deliver to addresses within the Emirate of Dubai. We target to make deliveries on the same day of the order except where the order was placed after 8:00 PM GMT+4. Where the order is placed after 8:00 PM GMT+4, we target that delivery will be made on the following day. While Company makes efforts to dispatch orders on time, the indicated delivery times are targets only and to the extent permitted by law will not be liable in any way whatsoever for any delay in making delivery. WILLKINS PHARMACYE-Platforms are not intended for use for urgent or emergency supply of POM and you should not use WILLKINS PHARMACYE-Platforms in urgent situations or emergency.
- Delivery will require a doorstep signature by the person to whom the prescription is issued (“Patient”), or a pre-authorized individual (e.g. the Patient’s parent or guardian) (“Care provider”) and collection by us of the original prescription. Delivery of POM will be made only to the Patient or the Patient’s Care provider. The Care provider must be specified in advance when placing the order and authorization granted to accept and sign for the delivery. If the above criteria is not met or if there is no one at the delivery address, then we will not deliver the POM at the delivery address. Instead, the Company will contact you to arrange an alternative delivery time. We cannot be held responsible if this results in a delay in delivery of your order. Further, it is your responsibility to keep track of the status of your order.
- We will only deliver the POM if you or your Care provider (as applicable) pays any amounts due under these Terms at the time of delivery.
- You must check all items dispensed to you and should not take any medication that appears to have been tampered with or which may have been dispensed in error. You are responsible to confirm that the POMs received are correct (including but not limited to the correct drug, correct dosage, correct form) and will be taken in the correct manner as prescribed by your UAE licensed physician. Failure to abide by this obligation could seriously damage your health. To the extent permitted by law, the Company is not liable in any way whatsoever for your use of POM properly supplied by us.
- We will confirm completion of delivery with you or your Care via email, by phone or other appropriate means.
- Returns and refunds will be made in accordance with our standard terms, excepting that you must notify us of receipt of a damaged/defective POM Product(s) within maximum 48 hours of delivery of the Product.
As governments implement stricter measures to contain the spread of COVID-19, enforceability concerns regarding electronically signed documents are gaining additional relevance. These concerns are especially present in jurisdictions such as the United Arab Emirates (U.A.E.), where the use of e-signatures is not yet the norm.
UAE LAW ON FORCE MAJEURE.
Article 273 provides: “In contracts binding on both parties, if force majeure supervenes which makes the performance of the contract impossible, the corresponding obligation shall cease, and the contract shall be automatically cancelled.”