Terms & Conditions
Terms & Conditions
1.1.3. You will be required to click on the checkbox marked “I agree with the terms and conditions” before placing an order for Products on our Site. If you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
1.1.4 These terms provide you with information on who we are, how we will provide you with the Product(s) ordered, how both we and you may change or end the contract, your options in the event of issues with Product(s) and other important information. If you consider there is a mistake in these terms or changes may be required, please contact us here: 106-114 London Road, Kingston Upon Thames, KT2 6TN; Tel. 020 8781 2991, Fax 020 8781 0001, E-mail: Pharma_CS@bausch.com.
1.2. Information about Us and how to contact US
Our Site is operated by or on behalf of, and the Products are sold by Bausch & Lomb UK Ltd (“us" or "we”). Our registered number is 143720 and our registered office is at 106-114 London Road, Kingston Upon Thames, KT2 6TN. Our VAT Number is GB 609 030374. We are regulated by the Medicines and Healthcare products Regulatory Agency.
You can contact us by using the following details: 106-114 London Road, Kingston Upon Thames, KT2 6TN; Tel. 020 8781 2991, Fax 020 8781 0001, E-mail: Pharma_CS@bausch.com.
When the words "writing" or "written" are used in these terms, this includes emails.
- Website Use
2.1. Accessing our Site
2.1.1. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period and we reserve the right to restrict access to some parts of our Site, or our entire Site at any time for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2.1.2. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
2.1.3 Unless otherwise indicated our Site is directed to people residing in United Kingdom. We do not represent that content will be appropriate for use in other locations.
2.2. Prohibited uses
2.2.1. You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
2.3. Intellectual Property Rights
2.3.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.3.2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
2.3.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.3.4. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
2.3.4. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
2.4. Reliance on information posted
2.4.1. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
2.4.2 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display Products accurately, your Product may vary slightly from those images.
2.4.3. We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
2.5. Uploading material to our Site
Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
2.6. Viruses, hacking and other offences
2.6.1. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the servers 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.
2.6.2. 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.
2.6.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
2.7. Linking to our Site
2.7.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2.7.2. You must not establish a link from any website that is not owned by you.
2.7.3. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards listed below.
2.7.4. If you wish to make any use of material on our Site other than that set out above, please address your request to Pharma_CS@bausch.com.
2.8. Links from our Site
2.8.1. Where our Site contains links to other sites and resources provided by third parties, whether affiliated with us or not these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
2.8.3. We cannot give any undertaking, that products or services you purchase from third party sellers via links 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.
2.9. Content Standards
2.9.1. These content standards apply to any and all material which you upload to our Site and any material appearing on any website which you link to our Site. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any material as well as to its whole. All material must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK.
2.9.2. Material must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
2.10. Suspension and termination
- Immediate, temporary or permanent withdrawal or suspension of your right to use our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
2.10.3. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- Sale and Purchase of Products
3.1. Your Status
By placing an order through our Site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
3.2. How the Contract is formed between You and Us
3.2.1. After placing an order, you will receive an email 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 contract with Bausch & Lomb UK Ltd (our registered number is 143720 and our registered office is at 106-114 London Road, Kingston Upon Thames, KT2 6TN) to buy Product.
3.2.2. 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 despatched (the “Despatch Confirmation”). Your order will be assigned a unique order number. This number allows us to provide you with information about your order.
3.2.3 The contract between us (“Contract”) will only be formed when we send you the Despatch Confirmation. The Contract is made by you with Bausch & Lomb UK Ltd in relation to the supply of the Products.
3.2.4. The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
3.2.5 If we are unable to accept your order we will inform you of this and will not charge you for the Product. This may be due to the fact that we do not have sufficient stock, limitations on our resources which we could not reasonably plan for, an error in our pricing or product description or because we are unable to meet your specified delivery deadline.
3.2.4. We use third parties to fulfil, manage and despatch orders. By placing an order you agree we may disclose your customer information related to your orders to those third parties.
3.2.6 This website is solely for promotion of products in the UK. We do not accept orders or deliver to addresses outside the UK.
3.4. Consumer Rights and Our Products
3.4.1. You may cancel a Contract at any time within 14 days beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in Condition 3.8 below).
3.4.2. All Products are supplied in sealed containers and your right to cancel ceases if the Products become unsealed after delivery to you.
3.4.3. To cancel a Contract, you must inform us in writing and despatch the Product(s) to us at Adaro Optics Ltd, The Willows Business Park, Marden, Kent, TN12 9QJ within the 14 day period, in the same condition in which you received them (including any packaging apart from exterior delivery packaging to be unopened and unmarked), and at your own cost and risk.
3.4.4. These provisions do not affect your statutory rights. If:
- any Product is faulty or misdescribed;
- we have not informed you of a change to the Product or these terms
- an there is an error in pricing or description; or
- there is a delay in delivery due to events outside our control; or
- if you have a legal right to cancel the contract as a result of our wrongdoing,
3.5. Availability and Delivery
3.5.1 The cost of delivery will be as displayed to you on our website and in the Despatch Confirmation.
3.5.2 Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances.
3.5.3 We are not responsible for delays that are not within our control. If our supply of the Products is delayed by an event outside our control you will be contacted to let you know of the delay and steps being taken to minimise the effect of any such delay. We will not be liable for any delays caused by such an event but if there is a risk of substantial delay you may contact us to end the Contract (see Condition 3.4 above).
3.5.4 If you are not available at the address to take delivery and the Products cannot be posted you will be contacted to inform you how to rearrange delivery or collection of the Products from a local depot.
3.5.5 If you do not rearrange delivery or collect the Product you will be contacted for further instructions and may charge you for storage and further delivery costs. If despite reasonable efforts we are unable to contact you we may end the contract and clause 3.4.7 - 3.4.8 will apply].
3.6. Risk and Title
3.6.1. The Products will be at your risk and you will be responsible for the Products from the time of delivery to you (to the address set out in your order).
3.6.2. 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.
3.7. Price and Payment
3.7.1. The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
3.7.2. These prices include VAT and the supply of dispensing services to you but exclude delivery costs unless expressly stated on the Site in relation to particular Products or promotions. The costs of delivery will be shown on the Site at the time you order the Products and confirmed in the Despatch Confirmation.
3.7.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation. If prices increase prior to your Despatch Confirmation we will contact you for instructions before despatching the Product.
3.7.4. Payment for all Products must be by credit or debit card or by PayPal. We accept payment with most major credit and debit cards, details of which are available when you pay for Products ordered. Your credit or debit card or PayPal account will be charged between the time when you place your order and when the Products are despatched.
3.7.5 It is possible that despite our best efforts some Products listed on our Site may be incorrectly priced. Prices will be checked before accepting your order. Where a Product's correct price at the order date is less than our stated price at your order date, the lower amount will be charged. If the Product's correct price at your order date is higher than the price stated to you, you will be contacted for instructions.
3.7.6 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided.
3.8. Our Refunds Policy
3.8.1. When you return a Product to us (for instance, because you have cancelled the Contract between us, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your entitlement to a refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of a defective Product.
3.8.2. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges you paid for sending the item to you and the cost incurred by you in returning the item to us.
3.8.3. Products returned by you within the 14 day period referred to in Condition 3.4 above will be refunded in full, including any costs of delivery to you of the Products which you have paid. However, you will be responsible for the cost you incurred in returning the item to us.
3.8.4 We may reduce your refund of the price to reflect any reduction in the value of the Products, if this has been caused by your handling of the Products.
3.8.5 The maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you chose to have the Product delivered within 24 hours at a higher cost then we will only refund what you would have paid for the cheaper delivery option. However, if we have failed to deliver the Product to you, then we will refund in full the amount of the delivery charges you have paid.
3.9.1 If you wish to make a change to the Product you have ordered please contact us as soon as possible. We will inform you if changes are possible and we will let you know any changes in price or delivery time or anything necessary as a result of the requested change. You will be asked to confirm whether you wish to go ahead. If we cannot make the change or the consequences are not acceptable to you, you may wish to cancel the Contract (see above at Condition 3.4).
3.9.2 We may need to make minor changes to the Product: (a) to reflect changes in relevant laws and regulatory requirements (for example, labelling requirements); and (b) to implement minor technical adjustments and improvements (for example, in relation to packaging.
3.9. Faults / Problems
3.9.1 If you have any questions or complaints about the Products, please contact us at Pharma_CS@bausch.com or telephone 020 8781 2991.
- Personal Information
4.1. Using your personal information
4.1.2 In addition we will use your personal information you provide to us to:
- supply the Products to you;
- process your payment for the Products; and
- if you agree during the order process to provide you with information on similar products we provide, which you can stop receiving at any time by contacting us.
- Our Liability
5.1. Limited Liability for Products and Services Provided
5.1.1 The liability of Bausch & Lomb UK Ltd in connection with any Product purchased is strictly limited to the purchase price of that Product. The liability of Bausch & Lomb UK Ltd in connection with the provision of any dispensing services to you is strictly limited to the charge made for those services.
5.1.2 We are under a legal duty to supply products that are in conformity with the Contract. As noted above, nothing in these terms affects your legal rights.
5.1.3 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
5.2. Exclusion of All Other Liabilities
5.2.1. The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.
5.2.2. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time;
- Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.2.3. We will not be liable to you where we are unable to fulfil any of our obligations to you as a result of circumstances beyond our control.
5.2.5. The foregoing limitations do not apply to any liabilities which may not lawfully be excluded or limited including any liability for death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation, breach of your legal rights in relation to the Products including: the right to receive products which are as described and match the information we provided to you, of satisfactory quality, fit for any particular purpose made known to us, and for defective products.
- Place of Sale, Jurisdiction and Applicable Law and Other Important Terms
6.1. Place of Sale
The place of sale for all transactions conducted on this Site is the United Kingdom.
6.2. Governing Law
These terms are governed by the law of the England and Wales and all Contracts made with us for the purchase of Products will be governed by the law of England and Wales.
You may bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you may bring legal proceedings in respect of the Products in either the Scottish or English courts. If you are in Northern Ireland you can bring proceedings in respect of the Products in either the Northern Irish or English courts.
6.4 Other Important Terms
6.4.1 We may transfer our rights and obligations under these terms to another organisation. We will inform you in writing if this happens and we will ensure that the transfer will not affect your rights under a Contract.
6.4.2 You may only transfer your rights and obligations under these terms to another person if we agree to this in writing which we may not agree to at our option.
6.4.3 These terms and each Contract between you and us. No other person shall have any right to enforce its terms. Neither of us will need agreement from any other person in order to end Contract or make changes to these terms.
6.4.4 Each of the conditions in these terms operates separately. If any court or relevant authority decides any are unlawful, the remaining clauses will remain in full force and effect.
6.4.5 If we do not insist immediately that you do anything you are required to do under these terms or if we delay in taking steps against you in respect of breaking these terms, this does not mean that you do not have to meet your obligations and this will not prevent us from taking steps against you at a later date.
We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our Site. However, any changes made to these terms after a Despatch Confirmation has been sent to you shall not apply to the corresponding order unless notified and agreed with you.
7.4. Your concerns
If you have any concerns about information or other material which appears on our Site, please contact Pharma_CS@bausch.com.
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