Terms and Conditions
These Terms and Conditions ("Conditions") govern the supply of products ("Products") and services ("Services") by Elvari Pharma ("Supplier") to the customer ("Customer"). By placing an order, the Customer agrees to these Conditions.
1. Interpretation
1.1 Definitions: The following terms apply:
Contract: The agreement between the Supplier and the Customer for the supply of Products or Services.
Order: The Customer’s purchase request for Products or Services submitted through the Supplier’s online portal or other approved methods.
Restricted Products: Products requiring special authorization or prescriptions for purchase.
1.2 References: All references to legislation include amendments and updates.
2. Basis of Contract
2.1 The Order constitutes an offer by the Customer to purchase Products or Services in accordance with these Conditions.
2.2 The Contract comes into effect when the Supplier confirms acceptance of the Order in writing.
2.3 Any terms proposed by the Customer that contradict these Conditions are void unless expressly agreed upon in writing by the Supplier.
3. Products and Services
3.1 Products and Services will conform to their description and applicable specifications as outlined in the Supplier’s catalog or website.
3.2 The Supplier reserves the right to amend Product or Service specifications if necessary to comply with statutory or regulatory standards.
4. Orders and Delivery
4.1 Orders must be placed via the Supplier’s approved methods.
4.2 Delivery dates are approximate, and time is not of the essence. Delays do not entitle the Customer to cancel the Order or claim compensation.
4.3 The Customer is responsible for inspecting Products upon delivery and must notify the Supplier in writing of any issues within 7 days.
5. Quality and Warranties
5.1 The Supplier warrants that on delivery, the Products will: (a) Conform with their description and any applicable specification; (b) Be of satisfactory quality; (c) Be fit for purpose as described by the Supplier.
5.2 If Products fail to comply with clause 5.1, the Supplier will, at its discretion, repair, replace, or refund the defective Products.
5.3 The warranty does not apply where: (a) Products are used after notification of a defect; (b) Storage or usage instructions are not followed; (c) Unauthorized alterations are made to the Products; (d) Defects arise from regulatory compliance changes.
6. Title and Risk
6.1 Risk in the Products passes to the Customer upon delivery.
6.2 Title to the Products passes to the Customer only when payment in full is received.
7. Supply of Services
7.1 Services will be provided with reasonable skill and care in accordance with the agreed specifications.
7.2 Performance dates for Services are estimates and not binding.
7.3 The Supplier may amend Service specifications to ensure compliance with laws or regulations.
8. Customer Obligations
8.1 The Customer must: (a) Ensure Orders are accurate and complete; (b) Co-operate fully with the Supplier; (c) Provide accurate information and materials; (d) Obtain necessary licenses and consents; (e) Adhere to all relevant laws and standards; (f) Fulfill any additional obligations outlined in the specifications.
8.2 The Supplier is not liable for delays caused by the Customer’s failure to meet obligations.
9. Charges and Payment
9.1 Prices are as stated in the Order. The Supplier reserves the right to adjust prices due to cost changes.
9.2 Payments must be made in full at the time of ordering using approved methods.
9.3 All prices exclude VAT, which will be added where applicable.
9.4 Payments must be made without set-off or deductions.
10. Rewards Program
10.1 Rewards are valid for one month following purchase and are redeemable only at elvaripharma.com .
11. Intellectual Property
11.1 Intellectual Property Rights in the Products and Services remain with the Supplier unless otherwise agreed.
11.2 The Customer grants the Supplier a non-exclusive license to use materials provided by the Customer solely for fulfilling the Contract.
12. Data Protection
12.1 Both parties will comply with applicable data protection laws. The Supplier will process Customer data in accordance with its Privacy Policy, available at elvaripharma.co.uk/privacy-policy.
13. Confidentiality
13.1 Both parties agree to maintain confidentiality of all non-public information disclosed during the Contract.
13.2 Disclosures are permitted only as required by law or to authorized personnel.
14. Limitation of Liability
14.1 The Supplier’s liability is limited to the greater of £2,000 or three times the amount paid by the Customer for the relevant Products or Services.
14.2 The Supplier is not liable for indirect or consequential losses, including loss of profit, business, or data.
14.3 Liability exclusions do not apply to death, personal injury, or fraud.
15. Force Majeure
15.1 Neither party is liable for delays caused by events beyond their reasonable control. Either party may terminate the Contract if such delays exceed 4 weeks.
16. General
16.1 The Customer may not assign its rights under the Contract without the Supplier’s written consent.
16.2 If any provision is found unenforceable, the remaining terms remain valid.
16.3 The Contract is governed by the laws of England and Wales, with exclusive jurisdiction granted to its courts.
Appendix A – Prescriber Declaration
For Restricted Products, the prescriber must confirm that:
The prescription is for the named patient’s treatment.
The prescriber holds appropriate training and insurance.
Informed consent has been obtained from the patient.
The prescriber assumes full responsibility for off-label use and patient safety.
The prescriber must also adhere to applicable regulatory standards and accept VAT charges for non-healthcare use.
By placing an order with Elvari Pharma, the Customer acknowledges and agrees to these Terms and Conditions.