MSD ANIMAL HEALTH UK LIMITED – eSHOP – TERMS AND CONDITIONS OF USE
Please read and review the following terms and conditions of use carefully before using this website. By using this website, you agree to these terms and conditions of use. If you do not agree, please exit and disregard the information contained herein.
This website is owned and operated by MSD Animal Health UK Limited (“MSD Animal Health”), a company incorporated in England and Wales (registered number 946942) whose registered office is at Walton Manor, Walton, Milton Keynes, MK7 7AJ, United Kingdom. MSD Animal Health is a division of Merck & Co., Inc, of Kenilworth, NJ, USA.
- Content. Please note that the information contained on this website regarding MSD Animal Health products is not intended to be comprehensive or to serve as a substitute for healthcare professionals’ own medical judgment. We recommend that healthcare professionals also consult other professional sources and references prior to making any evaluation or treatment decision.
- Access to and use of this site
3.1 Access to this website, use of this website, and the purchase of products from MSD Animal Health via this website is restricted to animal healthcare professionals and persons under their supervision.
3.2 You are responsible for maintaining the confidentiality of the User ID and password that have been issued to you to enable you to access this website. You are responsible for ensuring that the details you provided to us are correct and complete, and for informing us of any changes to the information you have provided. You can update and amend your details by accessing the Profile section of the website.
3.3 To the extent permitted by applicable law, you accept responsibility for all activities that occur under your User ID or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- Purchasing products on this website
4.1 In additional to these terms and conditions of use, all purchases made through this website are subject to and governed by MSD Animal Health’s terms and conditions of sale, a copy of which is available on this website. To the extent a conflict arises between these terms and conditions of use and any other terms provided by MSD Animal Health governing pricing or the sale of products by MSD Animal Health, these terms and conditions of use shall prevail in relation to the manner of sale contemplated within.
4.2 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order.
4.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
4.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause
4.5.Accepting your order. Our acceptance of your order takes place when we issue our Delivery Notice and post it in your account on this website, at which point the contract between you and us will come into existence.
4.6 If we cannot accept your order. If for any reason we are unable to supply you with any of the products you have ordered, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.
- Products available for purchase on this website
5.1 The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. The colour of your products may vary slightly from those images.
5.2 The packaging of the products that you purchase may vary from that shown on images on our site.
5.3 We reserve the right to amend the specification of the products if required to do so by any applicable statutory or regulatory requirement.
- Price of products and delivery charges
6.1 The list prices of the products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the list prices of products are correct at the time when the relevant information is entered onto the system. However, please see clause 6.5 for what happens if we discover an error in the price of products you ordered.
6.2 List prices for our products may change from time to time. The price invoiced charged will be the price (list price less any applicable discounts) prevailing on the scheduled delivery date. If delivery is delayed and it was not your fault, and there is a difference between the price prevailing on the scheduled delivery date and the price prevailing on the actual delivery date, then the price charged will be the price prevailing on the scheduled delivery date.
6.3 The price of products excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
6.4 The price of the products includes delivery charges.
6.5 We sell a large number of products through our site. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the product’s correct list price is less than the list price stated on our site, then
(i) we will charge the lower amount when dispatching the products to you, unless
(ii) we fail to identify the discrepancy until after the products have been dispatched, in which case we will refund you the difference; and
(b) if the product’s correct list price is higher than the price stated on our site, and
(i) we identify the discrepancy before we dispatch the products to you, then we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product at the correct list price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing, but
(ii) if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we reserve the right to cancel supply of the product and refund you any sums you have paid.
If you link to this website you must ensure that you do so in a way that is fair and legal and complies with applicable regulatory rules and guidelines and that does not damage MSD Animal Health or its affiliate’s reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement by MSD Animal Health or its affiliates where none exists. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. Any link to this website must be deleted immediately if requested by MSD Animal Health.
- Service Access and Liability.
8.1 Access to this website is permitted on a temporary basis, and MSD Animal Health reserves the right to withdraw or amend the service provided on this website without notice.
8.2 We will do our utmost to ensure that availability of the website and all functions on the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. If at any time you are unable to access the website, please contact [MSD AH customer services].
8.3 MSD Animal Health will not be responsible for (i) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (ii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the website.
8.4 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have products sent within a reasonable time or to receive a refund if products ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
8.5 Use of this website is at the risk of the user and MSD Animal Health accepts no liability for any computer viruses, malicious software, harmful data or any other material which is technologically harmful infecting the user following its use of this website.
- Representation. As a user of this website, you are liable for the accuracy of the information that you provide to MSD Animal Health. Should you respond with information including feedback or data suchas questions, comments, suggestions or the like regarding the content of this website, such information shall be deemed to be non-confidential and MSD Animal Health shall have no obligation of any kind with respect to such information and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.
- Consequences. MSD Animal Health reserves the right to suspend or terminate your use of this website for any reason at any time without notice. If your breach causes harm to others, you agree to indemnify and hold MSD Animal Health harmless from and against any and all loss, damage, or expense. If any dispute arises regarding this agreement or your use of this website, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to the exclusive jurisdiction of the English courts.
Last updated on 1st July 2023